[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3055 Engrossed in House (EH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3055
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Commerce and Justice,
Science, and Related Agencies for the fiscal year ending September 30,
2020, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commerce, Justice, Science,
Agriculture, Rural Development, Food and Drug Administration, Interior,
Environment, Military Construction, Veterans Affairs, Transportation,
and Housing and Urban Development Appropriations Act, 2020''.
DIVISION A--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, to carry out activities
associated with facilitating, attracting, and retaining business
investment in the United States, and for engaging in trade promotional
activities abroad, including expenses of grants and cooperative
agreements for the purpose of promoting exports of United States firms,
without regard to sections 3702 and 3703 of title 44, United States
Code; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the International
Trade Administration between two points abroad, without regard to
section 40118 of title 49, United States Code; employment of citizens
of the United States and aliens by contract for services; rental of
space abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in foreign
countries; not to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $45,000 per vehicle; obtaining insurance on official
motor vehicles; and rental of tie lines, $530,000,000 (reduced by
$2,000,000) (increased by $2,000,000) (increased by $2,000,000)
(reduced by $3,000,000) (increased by $3,000,000), to remain available
until September 30, 2021, of which $11,000,000 is to be derived from
fees to be retained and used by the International Trade Administration,
notwithstanding section 3302 of title 31, United States Code:
Provided, That, of amounts provided under this heading, not less than
$16,400,000 shall be for China antidumping and countervailing duty
enforcement and compliance activities: Provided further, That the
provisions of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act of
1961 shall include payment for assessments for services provided as
part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act of 2018
(subtitle B of title XVII of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat.
2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the
Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of
passenger motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established by law,
$127,652,000 (increased by $1,000,000) (reduced by $1,000,000), to
remain available until expended: Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by sections 27 and 28 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and
3723), $498,350,000, to remain available until expended, of which
$30,000,000 shall be for grants under such section 27 and $5,000,000
shall be for grants under such section 28.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $41,650,000: Provided,
That these funds may be used to monitor projects approved pursuant to
title I of the Public Works Employment Act of 1976, title II of the
Trade Act of 1974, sections 27 and 28 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), and the
Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $44,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$107,990,000, to remain available until September 30, 2021.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$275,000,000: Provided, That, from amounts provided herein, funds may
be used for promotion, outreach, and marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and programs
provided for by law, $675,000,000, to remain available until September
30, 2022: Provided, That, from amounts provided herein, funds may be
used for promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $3,556,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census.
In addition to the amounts provided under this heading for the 2020
Census, $7,500,000,000, to remain available until September 30, 2022,
is new budget authority for the 2020 Census as specified for the
purposes of section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and section 1(g)(1) of H. Res.
293 of the 116th Congress.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $42,411,000
(increased by $1,000,000) (reduced by $1,000,000), to remain available
until September 30, 2021: Provided, That, notwithstanding 31 U.S.C.
1535(d), the Secretary of Commerce shall charge Federal agencies for
costs incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to remain
available until expended: Provided further, That the Secretary of
Commerce is authorized to retain and use as offsetting collections all
funds transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,450,681,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2020, so as to result in a fiscal year 2020
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2020, should the total amount of such
offsetting collections be less than $3,450,681,000 this amount shall be
reduced accordingly: Provided further, That any amount received in
excess of $3,450,681,000 in fiscal year 2020 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal year 2020
for official reception and representation expenses: Provided further,
That in fiscal year 2020 from the amounts made available for ``Salaries
and Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB
Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any differences
between the present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's specific
use shall be recognized as an imputed cost on USPTO's financial
statements, where applicable: Provided further, That, notwithstanding
any other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to section
42(c) of title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29): Provided further,
That within the amounts appropriated, $1,500,000 shall be transferred
to the ``Office of Inspector General'' account for activities
associated with carrying out investigations and audits related to the
USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $751,000,000 (reduced by $4,000,000) (increased by
$4,000,000), to remain available until expended, of which not to exceed
$9,000,000 may be transferred to the ``Working Capital Fund'':
Provided, That not to exceed $5,000 shall be for official reception and
representation expenses: Provided further, That NIST may provide local
transportation for summer undergraduate research fellowship program
participants.
industrial technology services
For necessary expenses for industrial technology services,
$169,172,000, to remain available until expended, of which $154,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $15,172,000 shall be for the National Network for Manufacturing
Innovation (also known as ``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $120,000,000 (increased by
$120,000,000) (reduced by $120,000,000), to remain available until
expended: Provided, That the Secretary of Commerce shall include in
the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000, and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; pilot programs for state-
led fisheries management, notwithstanding any other provision of law;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities, $3,920,625,000 (reduced by $3,600,000)
(increased by $2,000,000) (reduced by $1,500,000) (increased by
$1,500,000) (increased by $1,500,000), to remain available until
September 30, 2021: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and expenses
associated with those activities, notwithstanding section 3302 of title
31, United States Code: Provided further, That in addition,
$177,782,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'', which shall only be used for the Fisheries
Science and Management program activities: Provided further, That of
the $4,115,907,000 (increased by $2,000,000) (increased by $1,500,000)
provided for in direct obligations under this heading, $3,920,625,000
(increased by $2,000,000) (increased by $1,500,000) is appropriated
from the general fund, $177,782,000 is provided by transfer, and
$17,500,000 is derived from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated for
specific activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act: Provided further, That in addition, for necessary retired
pay expenses under the Retired Serviceman's Family Protection and
Survivor Benefits Plan, and for payments for the medical care of
retired personnel and their dependents under the Dependents' Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition, and construction
(including transfer of funds)
For procurement, acquisition, and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,496,000,000 (reduced by $9,000,000)
(increased by $9,000,000), to remain available until September 30,
2022, except that funds provided for acquisition and construction of
vessels and construction of facilities shall remain available until
expended: Provided, That of the $1,509,000,000 provided for in direct
obligations under this heading, $1,496,000,000 is appropriated from the
general fund and $13,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying this Act,
or any use of deobligated balances of funds provided under this heading
in previous years, shall be subject to the procedures set forth in
section 505 of this Act: Provided further, That the Secretary of
Commerce shall include in budget justification materials that the
Secretary submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each National
Oceanic and Atmospheric Administration procurement, acquisition, or
construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an estimate of
the budgetary requirements for each such project for each of the 5
subsequent fiscal years: Provided further, That, within the amounts
appropriated, $1,302,000 shall be transferred to the ``Office of
Inspector General'' account for activities associated with carrying out
investigations and audits related to satellite procurement,
acquisition, and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2021: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fishery disaster assistance
For the necessary expenses associated with the mitigation of
fishery disasters, $15,000,000, to remain available until expended:
Provided, That funds shall be used for mitigating the effects of
commercial fishery failures and fishery resource disasters as declared
by the Secretary of Commerce.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2020, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $40,000,000 (reduced by
$2,500,000) (increased by $3,600,000) (reduced by $2,000,000) (reduced
by $2,000,000) (reduced by $914,000): Provided, That of the funds
provided under this heading, $15,000,000 shall be withheld from
obligation until the Secretary updates and resubmits to the Committees
on Appropriations of the House of Representatives and the Senate the
plan for expenditure described in the third proviso under the heading
``Bureau of the Census--Periodic Census and Programs'' in division C of
Public Law 116-6.
renovation and modernization
For necessary expenses for the renovation and modernization of
Department of Commerce facilities, $1,100,000, to remain available
until expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $35,043,000 (increased by $914,000): Provided, That
notwithstanding section 6413(b) of the Middle Class Tax Relief and Job
Creation Act of 2012 (Public Law 112-96), $2,000,000, to remain
available until expended, from the amounts provided under this heading,
shall be derived from the Public Safety Trust Fund for activities
associated with carrying out investigations and audits related to the
First Responder Network Authority (FirstNet).
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. The Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds to the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2020: Provided, That the
life cycle cost for the Joint Polar Satellite System is $11,322,125,000
and the life cycle cost for the Geostationary Operational Environmental
Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms,
or organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to
the Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$100,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may
be accessed and downloaded for free online. Should a customer still
require the Service to provide a printed or digital copy of the report
or document, the charge shall be limited to recovering the Service's
cost of processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of
NOAA is authorized to: (1) enter into grants and cooperative agreements
with; (2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, tribal government, Territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2022, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
Sec. 111. None of the funds made available in this or prior Acts
may be obligated or expended for the travel of personnel within the
Office of the Secretary of Commerce from any account other than the
``Departmental Management--Salaries and Expenses'' account.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $114,740,000 (reduced by $2,000,000) (reduced by $1,000,000)
(reduced by $5,000,000) (reduced by $1,000,000) (reduced by $1,000,000)
(reduced by $2,500,000) (reduced by $1,000,000) (reduced by $2,000,000)
(reduced by $1,000,000) (reduced by $2,000,000) (reduced by $1,500,000)
(reduced by $1,000,000) (reduced by $2,000,000) (reduced by $2,700,000)
(reduced by $2,000,000) (reduced by $2,000,000) (reduced by $1,500,000)
(reduced by $1,000,000) (reduced by $1,000,000) (reduced by $1,000,000)
(reduced by $500,000) (reduced by $1,000,000), of which not to exceed
$4,000,000 for security and construction of Department of Justice
facilities shall remain available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$33,875,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $40,000,000 to this account, from
funds available to the Department of Justice for information
technology, to remain available until expended, for enterprise-wide
information technology initiatives: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further, That any
transfer pursuant to the first proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$672,966,000 (reduced by $1) (increased by $1), of which $4,000,000
shall be derived by transfer from the Executive Office for Immigration
Review fees deposited in the ``Immigration Examinations Fee'' account,
and of which not less than $25,000,000 shall be available for services
and activities provided by the Legal Orientation Program: Provided,
That not to exceed $35,000,000 of the total amount made available under
this heading shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$105,500,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$2,000,000 shall remain available until September 30, 2021.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,308,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor
has been appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; the administration of pardon and clemency petitions;
and rent of private or Government-owned space in the District of
Columbia, $934,600,000 (reduced by $1,000,000) (increased by
$1,000,000) (reduced by $2,000,000) (increased by $2,000,000), of which
not to exceed $20,000,000 for litigation support contracts shall remain
available until expended: Provided, That of the amount provided for
INTERPOL Washington dues payments, not to exceed $685,000 shall remain
available until expended: Provided further, That of the total amount
appropriated, not to exceed $9,000 shall be available to INTERPOL
Washington for official reception and representation expenses:
Provided further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That of the amount
appropriated, such sums as may be necessary shall be available to the
Civil Rights Division for salaries and expenses associated with the
election monitoring program under section 8 of the Voting Rights Act of
1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel
Management for such salaries and expenses: Provided further, That of
the amounts provided under this heading for the election monitoring
program, $3,390,000 shall remain available until expended: Provided
further, That of the amount appropriated, not less than $197,387,000
shall be available for the Criminal Division, including related
expenses for the Mutual Legal Assistance Treaty Program.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $13,000,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $166,755,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $141,000,000 in fiscal year 2020),
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2020, so as to result in a final fiscal year 2020 appropriation
from the general fund estimated at $25,755,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,329,800,000: Provided, That of the total amount appropriated, not
to exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $227,229,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits to
the United States Trustee System Fund and amounts herein appropriated
shall be available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any other
provision of law, fees deposited into the Fund pursuant to section
589a(b) of title 28, United States Code (as limited by section 1004(b)
of the Bankruptcy Judgeship Act of 2017 (division B of Public Law 115-
72)), shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended: Provided
further, That to the extent that fees deposited into the Fund in fiscal
year 2020, net of amounts necessary to pay refunds due depositors,
exceed $227,229,000, those excess amounts shall be available in future
fiscal years only to the extent provided in advance in appropriations
Acts: Provided further, That the sum herein appropriated from the
general fund shall be reduced: (1) as such fees are received during
fiscal year 2020, net of amounts necessary to pay refunds due
depositors, (estimated at $309,000,000); and (2) to the extent that any
remaining general fund appropriations can be derived from amounts
deposited in the Fund in previous fiscal years that are not otherwise
appropriated, so as to result in a final fiscal year 2020 appropriation
from the general fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,335,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $18,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may not be
transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$17,000,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,444,600,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related
support, $15,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,792,461,000 (reduced by
$13,000,000), to remain available until expended: Provided, That not
to exceed $20,000,000 shall be considered ``funds appropriated for
State and local law enforcement assistance'' pursuant to section
4013(b) of title 18, United States Code: Provided further, That the
United States Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $109,585,000 (increased by $1,000,000), of which not
to exceed $5,000,000 for information technology systems shall remain
available until expended: Provided, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for the activities of the
National Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary to
respond to such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $570,000,000, of
which $50,000,000 shall remain available until expended: Provided,
That any amounts obligated from appropriations under this heading may
be used under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $9,455,928,000, of which not to exceed $216,000,000 shall
remain available until expended: Provided, That not to exceed $184,500
shall be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by
purchase, or as otherwise authorized by law; conversion, modification
and extension of federally owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities; $51,895,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,356,858,000 (reduced by $5,000,000), of
which not to exceed $75,000,000 shall remain available until expended
and not to exceed $90,000 shall be available for official reception and
representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,439,000,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $25,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $7,325,000,000 (reduced by $1) (increased by $1)
(increased by $2,000,000) (reduced by $2,000,000) (reduced by
$1,000,000) (increased by $1,000,000): Provided, That the Attorney
General may transfer to the Department of Health and Human Services
such amounts as may be necessary for direct expenditures by that
Department for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2021: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past, notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$150,000,000, to remain available until expended: Provided, That labor
of United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11101 et seq.) (``the 1974 Act''); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386) (``the 2000
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Violence Against Women Reauthorization Act of 2013 (Public Law 113-
4) (``the 2013 Act''); and the Rape Survivor Child Custody Act of 2015
(Public Law 114-22) (``the 2015 Act''); and for related victims
services, $582,500,000 (increased by $5,000,000) (increased by
$2,000,000) (increased by $2,000,000) (increased by $1,000,000)
(reduced by $1,000,000) (increased by $1,000,000), to remain available
until expended, which shall be derived by transfer from amounts
available for obligation in this Act from the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473 (34 U.S.C.
20101), notwithstanding section 1402(d) of such Act of 1984, and merged
with the amounts otherwise made available under this heading:
Provided, That except as otherwise provided by law, not to exceed 5
percent of funds made available under this heading may be used for
expenses related to evaluation, training, and technical assistance:
Provided further, That of the amount provided--
(1) $222,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $41,000,000 (increased by $1,000,000) is for
transitional housing assistance grants for victims of domestic
violence, dating violence, stalking, or sexual assault as
authorized by section 40299 of the 1994 Act;
(3) $3,000,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of Justice
Programs;
(4) $20,000,000 (reduced by $2,000,000) (increased by
$2,000,000) is for a grant program to provide services to
advocate for and respond to youth victims of domestic violence,
dating violence, sexual assault, and stalking; assistance to
children and youth exposed to such violence; programs to engage
men and youth in preventing such violence; and assistance to
middle and high school students through education and other
services related to such violence: Provided, That unobligated
balances available for the programs authorized by sections
41201, 41204, 41303, and 41305 of the 1994 Act, prior to its
amendment by the 2013 Act, shall be available for this program:
Provided further, That 10 percent of the total amount
available for this grant program shall be available for grants
under the program authorized by section 2015 of the 1968 Act:
Provided further, That the definitions and grant conditions in
section 40002 of the 1994 Act shall apply to this program;
(5) $62,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000 is
for a homicide reduction initiative;
(6) $50,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $50,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $26,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $57,000,000 (increased by $2,000,000) is for legal
assistance for victims, as authorized by section 1201 of the
2000 Act;
(10) $9,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $22,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of
the 1994 Act, prior to their amendment by the 2013 Act, shall
be available for this program;
(12) $9,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by
the Office of Justice Programs;
(15) $1,000,000 is for a national clearinghouse that
provides training and technical assistance on issues relating
to sexual assault of American Indian and Alaska Native women;
(16) $5,000,000 (increased by $5,000,000) is for grants to
assist tribal governments in exercising special domestic
violence criminal jurisdiction, as authorized by section 904 of
the 2013 Act: Provided, That the grant conditions in section
40002(b) of the 1994 Act shall apply to this program; and
(17) $3,500,000 is for the purposes authorized under the
2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's
Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT
Our Children Act of 2008 (Public Law 110-401); subtitle D of title II
of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); and other programs, $80,000,000
(increased by $2,000,000), to remain available until expended, of
which--
(1) $43,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $5,000,000 is for a
nationwide incident-based crime statistics program; and
(2) $37,000,000 (increased by $2,000,000) is for research,
development, and evaluation programs, and other activities as
authorized by part B of title I of the 1968 Act and subtitle D
of title II of the 2002 Act, of which $5,000,000 is for
research targeted toward developing a better understanding of
the domestic radicalization phenomenon, and advancing evidence-
based strategies for effective intervention and prevention;
$1,000,000 (increased by $1,000,000) is for research to study
the root causes of school violence to include the impact and
effectiveness of grants made under the STOP School Violence
Act; $1,000,000 is for a study to better protect children
against online predatory behavior as part of the National
Juvenile Online Victimization Studies (N-JOVS); $3,000,000
(increased by $2,000,000) is for a national center for
restorative justice; and $3,000,000 is for corrections-related
research, and $1,500,000 is for expenses (including research
and evaluation) associated with the National Institute of
Justice's implementation of the First Step Act of 2018 (Public
Law 115-391).
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam
Walsh Act''); the Victims of Trafficking and Violence Protection Act of
2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-
403); the Victims of Crime Act of 1984 (Public Law 98-473); the
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public
Law 114-198) (``CARA''); the Justice for All Reauthorization Act of
2016 (Public Law 114-324); Kevin and Avonte's Law (division Q of Public
Law 115-141) (``Kevin and Avonte's Law''); the Keep Young Athletes Safe
Act of 2018 (title III of division S of Public Law 115-141) (``the Keep
Young Athletes Safe Act''); the STOP School Violence Act of 2018 (title
V of division S of Public Law 115-141) (``the STOP School Violence
Act''); the Fix NICS Act of 2018 (title VI of division S of Public Law
115-141); the Project Safe Neighborhoods Grant Program Authorization
Act of 2018 (Public Law 115-185); and the SUPPORT for Patients and
Communities Act (Public Law 115-271); and other programs,
$1,933,000,000 (increased by $2,500,000) (increased by $5,000,000)
(increased by $1,000,000) (increased by $2,500,000) (increased by
$1,000,000) (increased by $2,000,000) (increased by $1,500,000)
(increased by $2,000,000) (increased by $5,000,000) (reduced by
$5,000,000) (reduced by $15,000,000) (increased by $15,000,000)
(increased by $2,000,000) (increased by $1,000,000) (increased by
$5,000,000) (increased by $500,000) (increased by $1,000,000), to
remain available until expended as follows--
(1) $530,250,000 (increased by $1,000,000) for the Edward
Byrne Memorial Justice Assistance Grant program as authorized
by subpart 1 of part E of title I of the 1968 Act (except that
section 1001(c), and the special rules for Puerto Rico under
section 505(g) of title I of the 1968 Act shall not apply for
purposes of this Act), of which, notwithstanding such subpart
1, $15,000,000 is for the Officer Robert Wilson III Memorial
Initiative on Preventing Violence Against Law Enforcement
Officer Resilience and Survivability (VALOR), $7,500,000 is for
an initiative to support evidence-based policing, $10,000,000
(increased by $1,000,000) is for an initiative to enhance
prosecutorial decision-making, $3,600,000 is for the
operationalization, maintenance and expansion of the National
Missing and Unidentified Persons System, $2,500,000 (reduced by
$2,500,000) (increased by $2,500,000) is for an academic based
training initiative to improve police-based responses to people
with mental illness or developmental disabilities, $2,000,000
(increased by $2,000,000) is for a student loan repayment
assistance program pursuant to section 952 of Public Law 110-
315, $15,500,000 is for prison rape prevention and prosecution
grants to States and units of local government, and other
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79), $2,000,000 is for a grant program
authorized by Kevin and Avonte's Law, $3,000,000 is for a
regional law enforcement technology initiative, $7,000,000 is
for the Capital Litigation Improvement Grant Program, as
authorized by section 426 of Public Law 108-405, and for grants
for wrongful conviction review, $2,000,000 is for emergency law
enforcement assistance for events occurring during or after
fiscal year 2020, as authorized by section 609M of the Justice
Assistance Act of 1984 (34 U.S.C. 50101), $2,000,000 is for
grants to States and units of local government to deploy
managed access systems to combat contraband cell phone use in
prison, $4,000,000 is for a program to improve juvenile
indigent defense, $100,000,000 is for grants for law
enforcement activities associated with the presidential
nominating conventions, $20,000,000 is for grants authorized
under the Project Safe Neighborhoods Grant Program
Authorization Act of 2018 (Public Law 115-185), and $8,000,000
(increased by $2,000,000) is for community-based violence
prevention initiatives;
(2) $260,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $100,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public
Law 106-386, for programs authorized under Public Law 109-164,
or programs authorized under Public Law 113-4;
(4) $14,000,000 for economic, high technology, white
collar, and Internet crime prevention grants, including as
authorized by section 401 of Public Law 110-403, of which
$2,500,000 is for competitive grants that help State and local
law enforcement tackle intellectual property thefts, and
$2,000,000 for a competitive grant program for training
students in computer forensics and digital investigation;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $25,000,000 (increased by $5,000,000) for the matching
grant program for law enforcement armor vests, as authorized by
section 2501 of title I of the 1968 Act: Provided, That
$1,500,000 is transferred directly to the National Institute of
Standards and Technology's Office of Law Enforcement Standards
for research, testing and evaluation programs;
(7) $1,000,000 (increased by $1,000,000) for the National
Sex Offender Public Website;
(8) $80,000,000 (increased by $5,000,000) (reduced by
$5,000,000) for grants to States to upgrade criminal and mental
health records for the National Instant Criminal Background
Check System, of which no less than $27,500,000 shall be for
grants made under the authorities of the NICS Improvement
Amendments Act of 2007 (Public Law 110-180) and Fix NICS Act of
2018;
(9) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $142,000,000 (increased by $2,000,000) for DNA-related
and forensic programs and activities, of which--
(A) $100,000,000 (increased by $2,000,000) is for
the purposes authorized under section 2 of the DNA
Analysis Backlog Elimination Act of 2000 (Public Law
106-546) (the Debbie Smith DNA Backlog Grant Program):
Provided, That up to 4 percent of funds made available
under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $30,000,000 for other local, State, and Federal
forensic activities;
(C) $8,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant
Program (Public Law 108-405, section 412); and
(D) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(11) $49,000,000 (increased by $1,000,000) for a grant
program for community-based sexual assault response reform;
(12) $12,000,000 (increased by $500,000) for the court-
appointed special advocate program, as authorized by section
217 of the 1990 Act;
(13) $106,500,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199), without regard to the time limitations
specified at section 6(1) of such Act, of which not to exceed
$6,000,000 is for a program to improve State, local, and tribal
probation or parole supervision efforts and strategies,
$5,000,000 (increased by $3,000,000) is for Children of
Incarcerated Parents Demonstrations to enhance and maintain
parental and family relationships for incarcerated parents as a
reentry or recidivism reduction strategy, and $4,000,000 is for
additional replication sites employing the Project HOPE
Opportunity Probation with Enforcement model implementing swift
and certain sanctions in probation, and for a research project
on the effectiveness of the model: Provided, That up to
$7,500,000 of funds made available in this paragraph may be
used for performance-based awards for Pay for Success projects,
of which up to $5,000,000 (reduced by $4,000,000) (increased by
$4,000,000) shall be for Pay for Success programs implementing
the Permanent Supportive Housing Model;
(14) $80,000,000 (increased by $2,500,000) for initiatives
to improve police-community relations, of which $25,000,000
(increased by $2,500,000) is for a competitive matching grant
program for purchases of body-worn cameras for State, local and
Tribal law enforcement, $35,000,000 is for a justice
reinvestment initiative, for activities related to criminal
justice reform and recidivism reduction, and $20,000,000 is for
an Edward Byrne Memorial criminal justice innovation program;
(15) $375,000,000 (increased by $2,000,000) (increased by
$1,500,000) (increased by $2,000,000) (increased by $1,000,000)
(increased by $5,000,000) for comprehensive opioid abuse
reduction activities, including as authorized by CARA, and for
the following programs, which shall address opioid abuse
reduction consistent with underlying program authorities--
(A) $83,000,000 for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $35,000,000 (increased by $1,500,000) for
mental health courts and adult and juvenile
collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization
and Improvement Act of 2008 (Public Law 110-416);
(C) $33,000,000 for grants for Residential
Substance Abuse Treatment for State Prisoners, as
authorized by part S of title I of the 1968 Act;
(D) $25,000,000 (increased by $2,000,000)
(increased by $1,000,000) for a veterans treatment
courts program;
(E) $30,000,000 for a program to monitor
prescription drugs and scheduled listed chemical
products;
(F) $159,000,000 (increased by $2,000,000)
(increased by $5,000,000) for a comprehensive opioid
abuse program; and
(G) $10,000,000 is for law enforcement assisted
diversion program grants;
(16) $2,500,000 (increased by $2,500,000) for a competitive
grant program authorized by the Keep Young Athletes Safe Act;
(17) $93,750,000 for grants to be administered by the
Bureau of Justice Assistance including for purposes authorized
under the STOP School Violence Act, of which $2,000,000 is for
a center for campus safety;
(18) $10,000,000 for a competitive grant pilot program for
qualified nonprofit organizations to provide legal
representation to immigrants arriving at the southwest border
seeking asylum and other forms of legal protection in the
United States; and
(19) $2,000,000 for grants to state and local law
enforcement agencies for the expenses associated with the
investigation and prosecution of criminal offenses, involving
civil rights, authorized by the Emmett Till Unsolved Civil
Rights Crimes Reauthorization Act of 2016 (Public Law 114-325).
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); and other juvenile
justice programs, $341,500,000 (increased by $2,000,000) (increased by
$1,000,000) (increased by $1,000,000) (increased by $2,000,000)
(increased by $13,000,000), to remain available until expended as
follows--
(1) $65,000,000 (increased by $1,000,000) for programs
authorized by section 221 of the 1974 Act, and for training and
technical assistance to assist small, nonprofit organizations
with the Federal grants process: Provided, That of the amounts
provided under this paragraph, $500,000 shall be for a
competitive demonstration grant program to support emergency
planning among State, local and tribal juvenile justice
residential facilities;
(2) $100,000,000 for youth mentoring grants;
(3) $49,500,000 (increased by $1,000,000) (increased by
$1,000,000) (increased by $13,000,000) for delinquency
prevention, as authorized by section 505 of the 1974 Act, of
which, pursuant to sections 261 and 262 thereof--
(A) $5,000,000 (increased by $1,000,000) shall be
for grants to prevent trafficking of girls;
(B) $7,500,000 shall be for the Tribal Youth
Program;
(C) $500,000 shall be for an Internet site
providing information and resources on children of
incarcerated parents;
(D) $2,000,000 shall be for competitive grants
focusing on girls in the juvenile justice system;
(E) $9,000,000 shall be for an opioid-affected
youth initiative;
(F) $8,000,000 shall be for an initiative relating
to children exposed to violence; and
(4) $28,000,000 (increased by $2,000,000) for programs
authorized by the Victims of Child Abuse Act of 1990;
(5) $85,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the
PROTECT Our Children Act of 2008 (Public Law 110-401) shall not
apply for purposes of this Act);
(6) $4,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act; and
(7) $10,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of title I of the 1968
Act and Guam shall be considered a State.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $24,800,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); and the SUPPORT for Patients and
Communities Act (Public Law 115-271), $323,000,000 (increased by
$2,700,000), to remain available until expended: Provided, That any
balances made available through prior year deobligations shall only be
available in accordance with section 505 of this Act: Provided
further, That of the amount provided under this heading--
(1) $239,750,000 (increased by $2,700,000) is for grants
under section 1701 of title I of the 1968 Act (34 U.S.C. 10381)
for the hiring and rehiring of additional career law
enforcement officers under part Q of such title notwithstanding
subsection (i) of such section: Provided, That,
notwithstanding section 1704(c) of such title (34 U.S.C.
10384(c)), funding for hiring or rehiring a career law
enforcement officer may not exceed $125,000 unless the Director
of the Office of Community Oriented Policing Services grants a
waiver from this limitation: Provided further, That of the
amounts appropriated under this paragraph, $6,500,000 is for
community policing development activities in furtherance of the
purposes in section 1701: Provided further, That of the
amounts appropriated under this paragraph $38,000,000
(increased by $2,700,000) is for regional information sharing
activities, as authorized by part M of title I of the 1968 Act,
which shall be transferred to and merged with ``Research,
Evaluation, and Statistics'' for administration by the Office
of Justice Programs: Provided further, That within the amounts
appropriated under this paragraph, no less than $3,000,000 is
to support the Tribal Access Program: Provided further, That
within the amounts appropriated under this paragraph,
$2,000,000 (increased by $2,000,000) is for training, peer
mentoring, and mental health program activities as authorized
under the Law Enforcement Mental Health and Wellness Act
(Public Law 115-113);
(2) $12,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $8,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers;
(4) $32,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration; and
(5) $31,250,000 is for competitive grants to be
administered by the Community Oriented Policing Services Office
for purposes authorized under the STOP School Violence Act
(title V of division S of Public Law 115-141).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 208. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the report
accompanying this Act, and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''or otherwise appropriated or transferred under this Act for
administration by the Office of Justice Programs--
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may be
used by such Office to provide training and technical
assistance;
(2) up to 3 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute of
Justice and the Bureau of Justice Statistics, shall be
transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to
be used by them for research, evaluation, or statistical
purposes, without regard to the authorizations for such grant
or reimbursement programs; and
(3) up to 7 percent of funds made available for grant or
reimbursement programs may be transferred to and merged with
funds under the heading ``State and Local Law Enforcement
Assistance'', for assistance to Indian tribes, without regard
to the authorizations for such grant or reimbursement programs.
Sec. 213. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2017 through 2020 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act
of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 215. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer
to facilitate the transfer of an operable firearm to an individual if
the Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2020, except up to $12,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2020, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2020, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under section 526 of division
H of Public Law 113-76, section 524 of division G of Public Law 113-
235, section 525 of division H of Public Law 114-113, and such
authorities as are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal years 2019 and 2020.
Sec. 218. None of the funds made available by this Act may be used
by the Executive Office for Immigration Review to implement case
performance numeric metrics that are linked to performance evaluations
for individual immigration judges.
This title may be cited as the ``Department of Justice
Appropriations Act, 2020''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $5,000,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of Title V of Public Law 100-685 and Executive Order
No. 13803, hire of passenger motor vehicles, and services as authorized
by section 3109 of title 5, United States Code, not to exceed $2,250
for official reception and representation expenses, $1,870,000:
Provided, That notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies, departments, and
offices may detail staff without reimbursement to the National Space
Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,161,300,000 (reduced by $1,000,000)
(increased by $1,000,000), to remain available until September 30,
2021: Provided, That, of the amounts provided, $592,600,000 is for an
orbiter to meet the science goals for the Jupiter Europa mission as
recommended in previous Planetary Science Decadal surveys: Provided
further, That the National Aeronautics and Space Administration shall
use the Space Launch System as the launch vehicles for the Jupiter
Europa missions, plan for an orbiter launch no later than 2023 and a
lander launch no later than 2025, and include in the fiscal year 2021
budget the 5-year funding profile necessary to achieve these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $700,000,000 (increased by $20,000,000)
(reduced by $20,000,000), to remain available until September 30, 2021.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $1,291,600,000 (reduced by $6,500,000)
(increased by $6,500,000), to remain available until September 30,
2021: Provided, That $180,000,000 shall be for RESTORE-L: Provided
further, That $125,000,000 (increased by $1) (reduced by $1) shall be
for nuclear thermal propulsion technologies: Provided further, That,
not later than 180 days after the enactment of this Act, the National
Aeronautics and Space Administration (NASA) shall provide a plan for
the design of a flight demonstration.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $5,129,900,000 (increased by $1,000,000)
(reduced by $1,000,000) (increased by $1,969) (reduced by $1,969), to
remain available until September 30, 2021: Provided, That not less
than $1,425,000,000 shall be for the Orion Multi-Purpose Crew Vehicle:
Provided further, That not less than $2,150,000,000 shall be for the
Space Launch System (SLS) launch vehicle, which shall have a lift
capability not less than 130 metric tons and which shall have core
elements and an Exploration Upper Stage developed simultaneously, to be
used to the maximum extent practicable, including for Earth to Moon
missions and a Moon landing: Provided further, That of the amounts
provided for SLS, not less than $200,000,000 shall be for Exploration
Upper Stage development: Provided further, That $592,800,000 shall be
for Exploration Ground Systems, including $50,000,000 for a second
mobile launch platform and associated SLS activities: Provided
further, That the National Aeronautics and Space Administration (NASA)
shall provide to the Committees on Appropriations of the House of
Representatives and the Senate, concurrent with the annual budget
submission, a 5-year budget profile for an integrated system that
includes the Space Launch System, the Orion Multi-Purpose Crew Vehicle,
and associated ground systems that will ensure an Exploration Mission-2
crewed launch as early as possible, as well as a system-based funding
profile for a sustained launch cadence beyond the initial crewed test
launch: Provided further, That $962,100,000 shall be for exploration
research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $4,285,700,000, to remain available until September 30, 2021.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$123,000,000 (increased by $1,000,000), to remain available until
September 30, 2021, of which $25,000,000 shall be for the Established
Program to Stimulate Competitive Research and $48,000,000 (increased by
$1,000,000) shall be for the National Space Grant College and
Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,084,600,000, to remain available until
September 30, 2021.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $497,200,000, to remain available until
September 30, 2025: Provided, That proceeds from leases deposited into
this account shall be available for a period of 5 years to the extent
and in amounts as provided in annual appropriations Acts: Provided
further, That such proceeds referred to in the preceding proviso shall
be available for obligation for fiscal year 2020 in an amount not to
exceed $17,000,000: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 20145 of title
51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $41,700,000, of which
$500,000 shall remain available until September 30, 2021.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until a prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $7,106,301,000 (increased by
$5,000,000) (reduced by $5,000,000) (reduced by $1,200,000) (increased
by $1,200,000) (reduced by $1,000,000) (increased by $1,000,000), to
remain available until September 30, 2021, of which not to exceed
$544,000,000 shall remain available until expended for polar research
and operations support, and for reimbursement to other Federal agencies
for operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $223,230,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $950,000,000, to remain available until
September 30, 2021.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $336,890,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2020 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $15,350,000, of which
$400,000 shall remain available until September 30, 2021.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this paragraph shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
The Director of the National Science Foundation (NSF) shall notify
the Committees on Appropriations of the House of Representatives and
the Senate at least 30 days in advance of any planned divestment
through transfer, decommissioning, termination, or deconstruction of
any NSF-owned facilities or any NSF capital assets (including land,
structures, and equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations Act,
2020''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $10,500,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days: Provided further, That none of the funds
appropriated in this paragraph shall be used for any activity or
expense that is not explicitly authorized by section 3 of the Civil
Rights Commission Act of 1983 (42 U.S.C. 1975a): Provided further,
That the Chair is authorized to accept and use any gift or donation to
carry out the work of the Commission.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $399,500,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair is authorized to accept and use
any gift or donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses,
$101,000,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $550,000,000,
of which $509,500,000 is for basic field programs and required
independent audits; $5,100,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $23,400,000 is for management and
grants oversight; $5,000,000 is for client self-help and information
technology; $5,000,000 is for a Pro Bono Innovation Fund; and
$2,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2019 and 2020, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $3,616,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $57,000,000 (increased by $1,000,000)
(reduced by $1,000,000), of which $1,000,000 shall remain available
until expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available for
official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $6,555,000, of which $500,000 shall remain available until
September 30, 2021: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfers of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2020, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program, project or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project or activity, or numbers of personnel by 10 percent; or
(8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any
fiscal year in excess of $2,838,000,000 shall not be available for
obligation until the following fiscal year: Provided, That
notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred to
the ``Department of Justice, Office of Inspector General'' account for
oversight and auditing purposes associated with this section; and (2) 5
percent shall be available to the Office for Victims of Crime for
grants, consistent with the requirements of the Victims of Crime Act,
to Indian tribes to improve services for victims of crime.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 514. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems within
the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy for
any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 516. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy
Act of 1986; The Fair Credit Reporting Act; The National Security Act
of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended
by these Acts.
Sec. 518. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent or more, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 519. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2020 until the enactment of the Intelligence
Authorization Act for fiscal year 2020.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances available to the
Department of Justice, the following funds are hereby rescinded, not
later than September 30, 2020, from the following accounts in the
specified amounts--
(1) ``Working Capital Fund'', $100,000,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $60,000,000 including from, but not limited to,
fees collected to defray expenses for the automation of
fingerprint identification and criminal justice information
services and associated costs; and
(3) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $85,000,000.
(b) The Department of Justice shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
no later than September 1, 2020, specifying the amount of each
rescission made pursuant to subsection (a).
(c) The amounts rescinded in subsection (a) shall not be from
amounts that were designated by the Congress as an emergency or
disaster relief requirement pursuant to the concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 522. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 523. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless such conference is a law enforcement training or operational
conference for law enforcement personnel and the majority of Federal
employees in attendance are law enforcement personnel stationed outside
the United States.
Sec. 524. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 525. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 526. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA), the
Office of Science and Technology Policy (OSTP), or the National Space
Council (NSC) to develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any way with
China or any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of enactment of
this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA, OSTP, or NSC, after consultation with
the Federal Bureau of Investigation, have certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 527. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, the
National Space Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of Representatives and
the Senate within 45 days after the date of enactment of this Act.
Sec. 529. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance
that does not meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 531. None of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, the Commonwealth of the
Northern Mariana Islands, Guam, or Puerto Rico, to prevent any of them
from implementing their own laws that authorize the use, distribution,
possession, or cultivation of medical marijuana.
Sec. 532. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 533. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public
Works grants authorized by the Public Works and Economic Development
Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the most recent Small Area Income and
Poverty Estimates, or any territory or possession of the United States.
Sec. 534. None of the funds made available in this Act or any
other Act may be used by the Department of Commerce to incorporate into
the 2020 Decennial Census any question that was not included in the
2018 End-to-End Census Test in Providence County, Rhode Island.
Sec. 535. None of the funds made available by this Act may be used
to relocate the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) Canine Training Center or the ATF National Canine Division.
Sec. 536. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
Sec. 537. Any reference to a ``report accompanying this Act''
contained in this division shall be treated as a reference to House
Report 116-101. The effect of such Report shall be limited to this
division and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, this division.
Sec. 538. None of the funds made available by this Act may be used
to carry out section 3622(c)(2) of title 18, United States Code.
Sec. 539. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to enter into any new
contract, grant, or cooperative agreement with any entity listed in
subsection (b).
(b) The entities listed in this subsection are the following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, ....................................
Istanbul, Sisli Punta Sel Este, Uruguay
Briar Hall Operations LLC, New York, DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp,
New York New York New York, New York
DT Dubai II Golf Manager LLC, New DT Home Marks International LLC, New DT Home Marks International Member
York, New York York, New York Corp, New York, New York
DT India Venture LLC, New York, New DT India Venture Managing Member DT Marks Baku LLC, New York, New
York Corp, New York, New York York
DT Marks Baku Managing Member Corp, DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New
New York, New York York York, New York
DT Marks Dubai II LLC, New York, New DT Marks Dubai II Member Corp, New ....................................
York York, New York
DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member DT Marks Jersey City LLC, New York,
York Corp, New York, New York New York
DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New DT Marks Qatar Member Corp, New
York York York, New York
DT Marks Products International LLC, DT Marks Product International DT Marks Pune LLC, New York, New
New York, New York Member Corp, New York, New York York
DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New DT Marks Pune II Managing Member
New York, New York York Corp, New York, New York
DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York, DT Marks Vancouver LP, New York, New
New York York
DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New DT Marks Worli Member Corp, New
Corp, New York, New York York York, New York
DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member Indian Hills Holdings LLC f/k/a
York Corp, New York, New York Indian Hills Development LLC, New
York, New York
Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member Lamington Family Holdings LLC, New
National Gold Club-Jupiter), New Corp, New York, New York York, New York
York, New York
Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New LFB Acquisition Member Corp, New
York, New York York York, New York
Mar A Lago Club, Inc, Palm Beach, Mar A Lago Club, L.L.C, New York, Nitto World Co, Limited, Turnberry,
Florida New York Scotland
OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New OWO Developer LLC, New York, New
York York, New York York
TIGL Ireland Enterprises Limited TIGL Ireland Management Limited, Ace Entertainment Holdings Inc (f/k/
(Trump International Golf Links- Doonbeg, Ireland a Trump Casinos Inc and formerly
Doonbeg), Doonbeg, Ireland Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Commercial Member Trump Chicago Commercial Manager Trump Chicago Development LLC, New
Corp, New York, New York LLC, New York, New York York, New York
Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New Trump Chicago Managing Member LLC,
York, New York York, New York New York, New York
Trump Chicago Member LLC, New York, Trump Chicago Residential Member Trump Chicago Residential Manager
New York Corp, New York, New York LLC, New York, New York
Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC, Trump Chicago Retail Member Corp,
New York New York, New York New York, New York
Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member Trump Drinks Israel LLC, New York,
New York, New York Corp, New York, New York New York
Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump Trump Endeavor 12 Manager Corp, New
York, New York National Doral), New York, New York York, New York
Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York, Trump Golf Coco Beach Member Corp,
York, New York New York New York, New York
Trump International Development LLC, Trump International Golf Club LC Trump International Golf Club
New York, New York (Trump International Golf Club- Scotland Limited, Aberdeen,
Florida), New York, New York Scotland
Trump International Golf Club, Inc, Trump International Hotel and Tower Trump International Hotel Hawaii
Palm Beach, Florida Condominium, New York, New York LLC, New York, New York
Trump International Hotels Trump International Management Corp, Trump Korean Projects LLC, New York,
Management LLC, New York, New York New York, New York New York
Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New Trump Marks Baja Corp, New York, New
New York York, New York York
Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York, Trump Marks Beverages Corp, New
York New York York, New York
Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York, Trump Marks Canouan, LLC New York,
New York New York New York
Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New Trump Marks Dubai Corp, New York,
New York York, New York New York
Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York, Trump Marks Egypt LLC, New York, New
York New York York
Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp, Trump Marks Ft. Lauderdale LLC, New
York, New York New York, New York York, New York
Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New Trump Marks Holding LP (FKA Trump
Corp, New York, New York York Marks LP), New York, New York
Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York, Trump Marks Istanbul II Corp, New
York, New York New York York, New York
Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New Trump Marks Jersey City LLC, New
York, New York York, New York York, New York
Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp, Trump Marks Menswear LLC, New York,
New York New York, New York New York
Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York, Trump Marks Mtg LLC, New York, New
New York, New York New York York
Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New Trump Marks New Rochelle Corp, New
New York York, New York York, New York
Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New Trump Marks Palm Beach LLC, New
York, New York York, New York York, New York
Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York, Trump Marks Philadelphia Corp, New
New York New York York, New York
Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New Trump Marks Philippines LLC, New
York, New York York, New York York, New York
Trump Marks Products LLC, New York, The Trump Organization, Inc, New ....................................
New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington ....................................
DC LCC, New York, New York DC Member Corp, New York, New York
Trump Old Post Office LLC, New York, Trump Old Post Office Member Corp,
New York New York, New York
Trump On the Ocean LLC, New York, Trump Organization LLC, New York, The Trump Organization, New York,
New York New York New York
Trump Pageants, Inc, New York, New Trump Palace Condominium, New York, Trump Palace/Parc LLC, New York, New
York New York York
Trump Panama Condominium Management Trump Panama Condominium Member Trump Panama Hotel Management LLC,
LLC, New York, New York Corp, New York, New York New York, New York
Trump Panama Hotel Management Member Trump Parc East Condominium, New Trump Park Avenue Acquisition LLC,
Corp, New York, New York York, New York New York, New York
Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York, Trump Payroll Corp, New York, New
York New York York
Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York Trump Plaza Member Inc (F/K/A Trump
York, New York Plaza Corp), New York, New York
Trump Productions LLC (former Rancho Trump Production Managing Member Trump Project Manager Corp, New
Lien LLC), New York, New York Inc, New York, New York York, New York
Trump Realty Services, LLc (f/k/a Trump Restaurants LLC, New York, Trump Riverside Management LLC, New
Trump Mortgage Services LLC (03) & New York York, New York
Tower Mortgage Services LLC), Palm
Beach, Florida
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Hotel Member Corp, New Trump Toronto Development Inc, New Trump Toronto Member Corp (formally
York, New York York, New York Trump Toronto Management Member
Corp), New York, New York
Trump Tower Commercial LLC, New Trump Tower Condominium Residential Trump Tower Managing Member Inc, New
York, New York Section, New York, New York York, New York
Trump Village Construction Corp, New Trump Vineyard Estates LLC, New Trump Vineyard Estates Manager Corp,
York, New York York, New York New York, New York
Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka Trump Virginia Acquisitions Manager
LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New Corp, New York, New York
LLC), New York, New York York, New York
Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp, Trump Wine Marks LLC, New York, New
New York New York, New York York
Trump Wine Marks Member Corp, New Trump World Productions LLC, New Trump World Productions Manager
York, New York York, New York Corp, New York, New York
Trump World Publications LLC, New Trump/New World Property Management Trump's Castle Management Corp,
York, New York LLC, New York, New York Atlantic City, NJ
Trump Marks White Plains Corp, New Turnberry Scotland Managing Member Turnberry Scotland LLC, Turnberry,
York, New York Corp, Turnberry, Scotland Scotland
TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland TW Venture I Managing Member Corp,
Florida Palm Beach, Florida
TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New Unit 2502 Enterprises Corp, Chicago,
Doonbeg, Ireland York IL
Unit 2502 Enterprises LLC, Chicago, VH Property Corp (Trump National VHPS LLC, Los Angeles, CA
IL Golf Club-Los Angeles), Los
Angeles, CA
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, WMTMF LLC, New York, New York Midland Associates, New York, New
New York York
Miss Universe L.P., LLP (formerly Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New
Trump Pageants, L.P.), New York, York, New York York
New York
40 Wall Street LLC, New York, New 401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills,
York Chicago, IL CA
Caribuslness Investments, S.R.L., County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New
Dominican Republic York
DJT Operations I LLC, New York, New DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin,
York Florida French West Indies
Fifty-Seventh Street Associates LLC, Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY
New York, New York Hill, NJ
Trump Turnberry , Turnberry, The East 61 Street Company, LP, New The Trump Corporation, New York, New
Scotland York, New York York
TIHT Commercial LLC, New York, New TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson
York New York Valley, Hopewell Junction, NY
Trump National Golf Club - Trump National Golf Club - Trump International Golf Links -
Charlotte, Charlotte, NC Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland
Trump Las Vegas Development LLC, Las Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New
Vegas, NV York, New York
Trump National Golf Club - 1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York
Washington DC, Potomac Falls, VA Florida
HWA 555 Owners, LLC, San Francisco, 1290 Avenue of the Americas, A Trump Tower Triplex, New York, New
CA Tenancy-In-Common, New York, New York
York
NIKIA DTW VENTURE LLC, Palm Beach, THC Vancouver Management Corp, TNGC Jupiter Management Corp,
Florida Vancouver, Canada Jupiter, FL
Trump Toronto Hotel Management Corp, Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality
New York, New York LLC, Miami, FL
THC IMEA Development LLC, New York, DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing,
New York LLC, Lido, Indonesia Inc., Las Vegas, NV
Albemarle Estate, Charlottesville, MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New
VA Scotland York City, New York
Trump International Golf Club, Trump World Golf Club Dubai, UAE Trump International Resort & Golf
Dubai, UAE Club Lido, Lido City, Indonesia
Seven Springs, Bedford, NY Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea
French West Indies
Trump Towers, Sunny Isles, FL .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Sec. 540. None of the funds made available by this Act to the
Department of Justice may be used to prevent the Virgin Islands from
implementing its own law that authorizes the use, distribution,
possession, or cultivation of medical marijuana.
Sec. 541. None of the funds made available in this Act may be used
in contravention of the national standards for fishery conservation and
management as set out in section 301 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851).
Sec. 542. None of the funds made available by this Act may be used
by the National Telecommunications and Information Administration to
update a broadband availability map using only Form 477 data from the
Federal Communications Commission.
Sec. 543. None of the funds made available by this Act may be used
for activities prohibited by the order issued by the Attorney General
entitled ``Prohibition on Certain Federal Adoptions of Seizures by
State and Local Law Enforcement Agencies'' (Order No. 3488-2015, dated
January 16, 2015).
Sec. 544. None of the funds made available by this Act to the
Department of Justice may be used to prevent any Indian tribe (as such
term is defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)) from enacting or
implementing tribal laws that authorize the use, distribution,
possession, or cultivation of marijuana.
Sec. 545. None of the funds made available to the Bureau of the
Census by this Act may be used in the contravention of section 9 of
title 13, United States Code.
Sec. 546. None of the funds made available by this Act may be used
to issue a proposed or final rule revising the National Oceanic and
Atmospheric Administration's Federal consistency regulations at 15 Code
Federal Regulations part 930 under Section 307(c) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456(c)).
Sec. 547. None of the funds made available by this Act may be
used--
(1) to allow or authorize the incidental taking of marine
mammals under section 101(a)(5)(A) or (D) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1371(a)(5)(A) or (D)) for
geophysical or geological exploration for oil or gas (as those
terms are defined in 30 CFR 551.1), within the specific
geographic region described in ``Notice; issuance of five
incidental harassment authorizations'' published in the Federal
Register at 83 Fed. Reg. 63,268;
(2) to provide an opinion from the Secretary of Commerce
under section 7(b) of the Endangered Species Act of 1973 (16
U.S.C. 1536(b)), on how any such authorization affects an
endangered species or its critical habitat; or
(3) to prepare or supplement an Environmental Impact
Statement or Environmental Assessment pursuant to the National
Environmental Policy Act, 42 U.S.C. 4321 et seq., and its
associated regulations, in support of any such authorization.
Sec. 548. None of the funds made available by this Act may be used
by the Bureau of the Census to use information or records received
through data sharing agreements in contravention of existing law,
including sections 9 and 214 of title 13, United States Code.
Sec. 549. None of the funds made available by this Act may be used
to enforce the ``Memorandum for Federal Prosecutors Along the Southwest
Border, Zero-tolerance for Offenses Under 8 U.S.C. 1325(a)'' issued by
the Attorney General on April 6, 2018.
Sec. 550. None of the funds made available by this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, the Commonwealth of the
Northern Mariana Islands, Guam, Puerto Rico, or the United States
Virgin Islands, to prevent any of them from implementing their own laws
that authorize the use, distribution, possession, or cultivation of
marijuana.
Sec. 551. None of the funds made available by this Act may be used
by the Department of Justice to argue, in the conduct of any litigation
to which the United States, or an agency or officer thereof is a party,
that any provision of the Patient Protection and Affordable Care Act
(Public Law 111-148; 124 Stat. 119) or of the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152), is unconstitutional or
is invalid or unenforceable on any ground, including that certain
provisions of the Patient Protection and Affordable Care Act are not
severable from section 5000A of that Act.
This Act may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2020''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2020, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $45,112,000
(reduced by $3,600,000) (reduced by $5,000,000) (reduced by $1,000,000)
(reduced by $500,000) (reduced by $1,000,000) (reduced by $12,500,000),
of which not to exceed $4,850,000 (reduced by $1,000,000) shall be
available for the Immediate Office of the Secretary; not to exceed
$1,448,000 shall be available for the Office of Homeland Security; not
to exceed $6,211,000 shall be available for the Office of Partnerships
and Public Engagement, of which $1,500,000 shall be for 7 U.S.C.
2279(c)(5); not to exceed $22,251,000 (reduced by $3,000,000) (reduced
by $5,000,000) (reduced by $500,000) (reduced by $12,500,000) shall be
available for the Office of the Assistant Secretary for Administration,
of which $21,376,000 (reduced by $3,000,000) (reduced by $5,000,000)
(reduced by $500,000) (reduced by $12,500,000) shall be available for
Departmental Administration to provide for necessary expenses for
management support services to offices of the Department and for
general administration, security, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the Department:
Provided, That funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office; not to
exceed $3,091,000 shall be available for the Office of Assistant
Secretary for Congressional Relations and Intergovernmental Affairs to
carry out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch; and
not to exceed $7,261,000 (reduced by $600,000) (reduced by $1,000,000)
shall be available for the Office of Communications: Provided further,
That the Secretary of Agriculture is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by more
than 5 percent: Provided further, That not to exceed $22,000 of the
amount made available under this paragraph for the Immediate Office of
the Secretary shall be available for official reception and
representation expenses, not otherwise provided for, as determined by
the Secretary: Provided further, That the amount made available under
this heading for Departmental Administration shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558: Provided
further, That funds made available under this heading for the Office of
the Assistant Secretary for Congressional Relations and
Intergovernmental Affairs may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain personnel at
the agency level.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$21,013,000, of which $5,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $101,400,000 (reduced by $3,000,000) (reduced by $10,000,000)
(reduced by $1,400,000) (reduced by $200,000) (reduced by $353,000)
(reduced by $25,000,000) (reduced by $12,500,000).
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $901,000: Provided, That funds made available by this
Act to an agency in the Civil Rights mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $331,114,000 (reduced by $1,000,000), to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $5,288,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), $98,208,000 (increased by
$1,000,000), including such sums as may be necessary for contracting
and other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), and including not to exceed
$125,000 for certain confidential operational expenses, including the
payment of informants, to be expended under the direction of the
Inspector General pursuant to the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$41,242,000 (reduced by $30,000,000).
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $800,000 (reduced by $1) (increased
by $1): Provided, That funds made available by this Act to an agency
in the Research, Education, and Economics mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$87,757,000 (reduced by $1) (increased by $1): Provided, That the term
``necessary expenses'' does not include any expenditure of funds to
relocate the Economic Research Service outside the National Capital
Region.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $180,794,000, of which up to $45,300,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,347,516,000 (reduced by $5,000,000) (increased by $5,000,000), of
which $13,100,000, to remain available until expended, shall be used
for transition and equipment purchases for the National Bio and Agro-
Defense Facility located in Manhattan, Kansas: Provided, That of the
amounts available to the Agricultural Research Service for the National
Bio and Agro-Defense Facility, no funds may be obligated above the
amount provided for the facility in Public Law 116-6 until the
Secretary of Agriculture submits to the Committees on Appropriations of
both Houses of Congress, and receives written or electronic
notification of receipt from such Committees, a strategic plan as
required in the report accompanying this Act: Provided further, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations hereunder
shall be available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but unless
otherwise provided, the cost of constructing any one building shall not
exceed $500,000, except for headhouses or greenhouses which shall each
be limited to $1,800,000, except for 10 buildings to be constructed or
improved at a cost not to exceed $1,100,000 each, and except for two
buildings to be constructed at a cost not to exceed $3,000,000 each,
and the cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the building
or $500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into lease
agreements at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for use by
the Agricultural Research Service and a condition of the lease shall be
that any facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or termination
of the lease agreement: Provided further, That the limitations on
alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That appropriations hereunder shall be
available for granting easements at any Agricultural Research Service
location for the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural Research Service
and a condition of the easements shall be that upon completion the
facility shall be accepted by the Secretary, subject to the
availability of funds herein, if the Secretary finds that acceptance of
the facility is in the interest of the United States: Provided
further, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $50,000,000 to
remain available until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$1,033,007,000 (increased by $2,000,000) (increased by $5,000,000)
(reduced by $5,000,000) (reduced by $5,000,000) (increased by
$5,000,000), which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the report
accompanying this Act: Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge
grants, and grants management systems shall remain available until
expended: Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska Native and
Native Hawaiian-serving institutions be made available to individual
eligible institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority: Provided
further, That none of these funds may be used to relocate the National
Institute of Food and Agriculture outside the National Capital Region.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $541,086,000 (increased by $1,000,000) (reduced by
$10,000,000) (increased by $10,000,000), which shall be for the
purposes, and in the amounts, specified in the table titled ``National
Institute of Food and Agriculture, Extension Activities'' in the report
accompanying this Act: Provided, That funds for facility improvements
at 1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C.
3221 for cooperative extension receive no less than $1,000,000:
Provided further, That funds for cooperative extension under sections
3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and
section 208(c) of Public Law 93-471 shall be available for retirement
and employees' compensation costs for extension agents: Provided
further, That none of these funds may be used to relocate the National
Institute of Food and Agriculture outside the National Capital Region.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $40,000,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the report accompanying this Act: Provided, That funds
for the Food and Agriculture Defense Initiative shall remain available
until September 30, 2021: Provided further, That notwithstanding any
other provision of law, indirect costs shall not be charged against any
Extension Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626): Provided further,
That none of these funds may be used to relocate the National Institute
of Food and Agriculture outside the National Capital Region.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $800,000: Provided, That funds made
available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,034,011,000 (reduced by $12,000,000) (increased by $12,000,000)
(reduced by $15,000,000) (increased by $15,000,000), of which $470,000,
to remain available until expended, shall be available for the control
of outbreaks of insects, plant diseases, animal diseases and for
control of pest animals and birds (``contingency fund'') to the extent
necessary to meet emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests program,
including for cost share purposes or for debt retirement for active
eradication zones; of which $37,857,000, to remain available until
expended, shall be for Animal Health Technical Services; of which
$1,000,000 shall be for activities under the authority of the Horse
Protection Act, as amended (15 U.S.C. 1831); of which $62,840,000, to
remain available until expended, shall be used to support avian health;
of which $4,251,000, to remain available until expended, shall be for
information technology infrastructure; of which $186,513,000, to remain
available until expended, shall be for specialty crop pests; of which,
$12,826,000, to remain available until expended, shall be for field
crop and rangeland ecosystem pests; of which $17,523,000, to remain
available until expended, shall be for zoonotic disease management; of
which $40,966,000, to remain available until expended, shall be for
emergency preparedness and response; of which $60,000,000, to remain
available until expended, shall be for tree and wood pests; of which
$5,725,000, to remain available until expended, shall be for the
National Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program for
indemnities; of which $2,500,000, to remain available until expended,
shall be for the wildlife damage management program for aviation
safety; of which $17,800,000, to remain available until expended, shall
be used to carry out the science program and transition activities for
the National Bio and Agro-Defense Facility located in Manhattan,
Kansas: Provided, That of the amounts available to the Animal and
Plant Health Inspection Service for the National Bio and Agro-Defense
Facility, no funds may be obligated above the amount provided for the
facility in Public Law 116-6 until the Secretary of Agriculture submits
to the Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from such
Committees, a strategic plan as required in the report accompanying
this Act: Provided further, That of amounts available under this
heading for wildlife services methods development, $1,000,000 shall
remain available until expended: Provided further, That of amounts
available under this heading for the screwworm program, $4,990,000
shall remain available until expended: Provided further, That no funds
shall be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided further, That
this appropriation shall be available for the purchase, replacement,
operation, and maintenance of aircraft: Provided further, That in
addition, in emergencies which threaten any segment of the agricultural
production industry of the United States, the Secretary may transfer
from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with such
transferred amounts: Provided further, That appropriations hereunder
shall be available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless otherwise
provided the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of the
building.
In fiscal year 2020, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$182,888,000 (increased by $10,000,000) (reduced by $1,000,000)
(increased by $1,500,000) (reduced by $1,500,000), of which $4,000,000
(increased by $1,000,000) shall be available for the purposes of
section 12306 of Public Law 113-79: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $800,000: Provided, That funds made available by this Act
to an agency in the Food Safety mission area for salaries and expenses
are available to fund up to one administrative support staff for the
Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,054,344,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2020 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as further
clarified by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for
Farm Production and Conservation, $901,000: Provided, That funds made
available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $206,530,000: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,122,837,000,
of which not less than $20,000,000 shall be for the hiring of new
employees to fill vacancies at Farm Service Agency county offices and
farm loan officers and shall be available until September 30, 2021:
Provided, That of the funds included under this heading, $30,000,000
shall be available until expended for temporary staff and information
technology software development related to implementation of the
Agriculture Improvement Act of 2018: Provided further, That not more
than 50 percent of the funding made available under this heading for
information technology related to farm program delivery may be
obligated until the Secretary submits to the Committees on
Appropriations of both Houses of Congress, and receives written or
electronic notification of receipt from such Committees of, a plan for
expenditure that: (1) identifies for each project/investment over
$25,000 (a) the functional and performance capabilities to be delivered
and the mission benefits to be realized, (b) the estimated lifecycle
cost for the entirety of the project/investment, including estimates
for development as well as maintenance and operations, and (c) key
milestones to be met; (2) demonstrates that each project/investment is,
(a) consistent with the Farm Service Agency Information Technology
Roadmap, (b) being managed in accordance with applicable lifecycle
management policies and guidance, and (c) subject to the applicable
Department's capital planning and investment control requirements; and
(3) has been reviewed by the Government Accountability Office and
approved by the Committees on Appropriations of both Houses of
Congress: Provided further, That the agency shall submit a report by
the end of the fourth quarter of fiscal year 2020 to the Committees on
Appropriations and the Government Accountability Office, that
identifies for each project/investment that is operational (a) current
performance against key indicators of customer satisfaction, (b)
current performance of service level agreements or other technical
metrics, (c) current performance against a pre-established cost
baseline, (d) a detailed breakdown of current and planned spending on
operational enhancements or upgrades, and (e) an assessment of whether
the investment continues to meet business needs as intended as well as
alternatives to the investment: Provided further, That the Secretary
is authorized to use the services, facilities, and authorities (but not
the funds) of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further, That
other funds made available to the Agency for authorized activities may
be advanced to and merged with this account: Provided further, That
funds made available to county committees shall remain available until
expended: Provided further, That none of the funds available to the
Farm Service Agency shall be used to close Farm Service Agency county
offices: Provided further, That none of the funds available to the
Farm Service Agency shall be used to permanently relocate county based
employees that would result in an office with two or fewer employees
without prior notification and approval of the Committees on
Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $5,000,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: $2,750,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans; $1,960,000,000 for
unsubsidized guaranteed operating loans and $1,550,133,000 for direct
operating loans; emergency loans, $37,668,000; Indian tribe land
acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; Indian highly fractionated land loans, $10,000,000; and
for boll weevil eradication program loans, $20,000,000: Provided, That
the Secretary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm operating loans,
$58,440,000 for direct operating loans, $20,972,000 for unsubsidized
guaranteed operating loans; emergency loans, $2,023,000; $2,745,000 for
Indian highly fractionated land loans; and $20,000 for boll weevil
eradication loans; to remain available until expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $317,068,000: Provided, That of
this amount, $290,917,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses'':
Provided further, That of this amount $16,081,000 shall be transferred
to and merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $58,361,000:
Provided, That not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$829,628,000, to remain available until September 30, 2021: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005
and 1007-1009) and in accordance with the provisions of laws relating
to the activities of the Department, $155,000,000, to remain available
until expended: Provided, That for funds provided by this Act or any
other prior Act, the limitation regarding the size of the watershed or
subwatershed exceeding two hundred and fifty thousand acres in which
such activities can be undertaken shall only apply for activities
undertaken for the primary purpose of flood prevention (including
structural and land treatment measures): Provided further, That of the
amounts made available under this heading, $52,500,000 shall be
allocated to projects and activities that can commence promptly
following enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient irrigation
systems, fish and wildlife habitat, or watershed protection; or that
address authorized ongoing projects under the authorities of section 13
of the Flood Control Act of December 22, 1944 (Public Law 78-534) with
a primary purpose of watershed protection by preventing floodwater
damage and stabilizing stream channels, tributaries, and banks to
reduce erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $12,000,000 is provided: Provided, That of the
amounts made available under this heading, $5,000,000 shall remain
available until expended for watershed rehabilitation projects in
states with high-hazard dams and other watershed structures and that
have recently incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses for the Office of the Under Secretary for
Rural Development, $800,000: Provided, That funds made available by
this Act to an agency in the Rural Development mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $255,835,000: Provided,
That notwithstanding any other provision of law, funds appropriated
under this heading may be used for advertising and promotional
activities that support Rural Development programs: Provided further,
That of the amounts made available under this paragraph, no less than
4,566 full-time equivalent employees salaries and expenses shall be
supported: Provided further, That in addition to any other funds
appropriated for purposes authorized by section 502(i) of the Housing
Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under such
section, as amended by this Act, will immediately be credited to this
account and will remain available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $1,000,000,000 shall be for direct loans and $24,000,000,000
shall be for unsubsidized guaranteed loans; $28,000,000 for section 504
housing repair loans; $45,000,000 for section 515 rental housing;
$250,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired
property; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $112,900,000 shall be for
direct loans; section 504 housing repair loans, $4,679,000; section 523
self-help housing land development loans, $577,000; section 524 site
development loans, $546,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $13,662,000: Provided,
That to support the loan program level for section 538 guaranteed loans
made available under this heading the Secretary may charge or adjust
any fees to cover the projected cost of such loan guarantees pursuant
to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized: Provided
further, That applicants in communities that have a current rural area
waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section 502
guaranteed loans provided under this heading: Provided further, That
of the amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct loans for
individuals whose homes will be built pursuant to a program funded with
a mutual and self-help housing grant authorized by section 523 of the
Housing Act of 1949 until June 1, 2020: Provided further, That the
Secretary shall implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate the
acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS multifamily
housing program for a period of time as determined by the Secretary,
with such incentives to include, but not be limited to, the following:
allow such nonprofit entities and public housing authorities to earn a
Return on Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions, grants,
and developer loans at favorable rates and terms, invested in a deal;
and allow reimbursement of organizational costs associated with owner's
oversight of asset referred to as ``Asset Management Fee'' of up to
$7,500 per property.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949 (42
U.S.C. 1484, 1486), $19,363,000, to remain available until expended,
for direct farm labor housing loans and domestic farm labor housing
grants and contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged with this
account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the
Housing Act of 1949, $1,375,000,000, of which $40,000,000 shall be
available until September 30, 2021; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That
rental assistance agreements entered into or renewed during the current
fiscal year shall be funded for a one-year period: Provided further,
That any unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any debt
reduction; maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2020 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who
are not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act: Provided further, That except as
provided in the third proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2020 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $75,000,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $35,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided
further, That the amount of such voucher shall be the difference
between comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to the
maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development: Provided further, That if the Secretary determines
that the amount made available for vouchers in this or any other Act is
not needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$40,000,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516
multi-family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems appropriate,
expressly for the purposes of ensuring the project has sufficient
resources to preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives (including the
ability of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as part
of the preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional funds for
vouchers described in this paragraph are needed, funds for the
preservation and revitalization demonstration program may be used for
such vouchers: Provided further, That if Congress enacts legislation
to permanently authorize a multi-family rental housing loan
restructuring program similar to the demonstration program described
herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than $1,000,000
total, from the program funds made available under this heading, for
administrative expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $45,000,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $250,000,000 for guaranteed loans.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $71,000,000, to remain
available until expended: Provided, That $8,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That $6,000,000 of the amount appropriated under this heading
shall be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity building in
the State rural development offices: Provided further, That $7,000,000
of the amount appropriated under this heading shall be available for
community facilities grants to tribal colleges, as authorized by
section 306(a)(19) of such Act: Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $67,600,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, not to exceed $500,000 shall be made available for one grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development and
$8,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40
U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40
U.S.C. 14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to funds
made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $5,219,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$557,000 shall be available through June 30, 2020, for Federally
Recognized Native American Tribes; and of which $1,072,000 shall be
available through June 30, 2020, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $29,800,000, of which $3,000,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $18,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946,
of which $3,000,000 may be used for Agriculture Innovation Centers
authorized pursuant to section 6402 of Public Law 107-171.
rural microentrepreneur assistance program
For the cost of loans and grants, $6,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s): Provided, That such costs
of loans, including the cost of modifying such loans, shall be defined
in section 502 of the Congressional Budget Act of 1974.
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $353,000 (increased by
$353,000): Provided, That the cost of loan guarantees, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for rural
water, waste water, waste disposal, and solid waste management programs
authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and
described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $718,480,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $15,000,000
(increased by $1) (reduced by $1) shall be available for the rural
utilities program described in section 306E of such Act: Provided,
That not to exceed $15,000,000 of the amount appropriated under this
heading shall be for grants authorized by section 306A(i)(2) of the
Consolidated Farm and Rural Development Act in addition to funding
authorized by section 306A(i)(1) of such Act and such grants may not
exceed $1,000,000 notwithstanding section 306A(f)(1) of such Act:
Provided further, That $70,000,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and section
306D of the Consolidated Farm and Rural Development Act, and Federally
Recognized Native American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be provided to a
consortium formed pursuant to section 325 of Public Law 105-83:
Provided further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development Act may
be used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided for
section 306D of the Consolidated Farm and Rural Development Act may be
used by a consortium formed pursuant to section 325 of Public Law 105-
83 for training and technical assistance programs: Provided further,
That not to exceed $30,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural water and
waste systems pursuant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme need, of which $9,000,000
shall be made available for a grant to a qualified nonprofit multi-
State regional technical assistance organization, with experience in
working with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural communities
with populations of 3,300 or less, in improving the planning,
financing, development, operation, and management of water and waste
water systems, and of which not less than $800,000 shall be for a
qualified national Native American organization to provide technical
assistance for rural water systems for tribal communities: Provided
further, That not to exceed $19,570,000 of the amount appropriated
under this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That not to
exceed $4,000,000 shall be for solid waste management grants: Provided
further, That sections 381E-H and 381N of the Consolidated Farm and
Rural Development Act are not applicable to the funds made available
under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 305, 306, and 317 of the Rural Electrification Act of 1936
(7 U.S.C. 935, 936, and 940g) shall be made as follows: loans made
pursuant to sections 305, 306, and 317, notwithstanding 317(c), of that
Act, rural electric, $5,500,000,000; guaranteed underwriting loans
pursuant to section 313A of that Act, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural telecommunications loans,
and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, design
and engineering or improvement of fossil-fueled electric generating
plants (whether new or existing) that utilize carbon subsurface
utilization and storage systems.
For the cost of direct loans as authorized by section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, cost of money rural telecommunications loans, $3,795,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$29,851,000 (reduced by $1,000,000) (increased by $1,000,000).
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $50,000,000 (increased
by $25,000,000), to remain available until expended: Provided, That
$3,000,000 shall be made available for grants authorized by 379G of the
Consolidated Farm and Rural Development Act: Provided further, That
funding provided under this heading for grants under 379G of the
Consolidated Farm and Rural Development Act may only be provided to
entities that meet all of the eligibility criteria for a consortium as
established by this section.
For the cost of broadband loans, as authorized by section 601 of
the Rural Electrification Act, $5,830,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $50,000,000 (increased by $5,000,000), to remain
available until expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning and
Telemedicine Program benefits authorized by 7 U.S.C. 950aaa et seq.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $800,000: Provided, That funds
made available by this Act to an agency in the Food, Nutrition and
Consumer Services mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $24,040,885,000 (increased by $2,000,000) (reduced by
$2,000,000) (increased by $200,000) (increased by $500,000) to remain
available through September 30, 2021, of which such sums as are made
available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall
be merged with and available for the same time period and purposes as
provided herein: Provided, That of the total amount available,
$18,004,000 shall be available to carry out section 19 of the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided further, That
of the total amount available, $35,000,000 shall be available to
provide competitive grants to State agencies for subgrants to local
educational agencies and schools to purchase the equipment, with a
value of greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment, maintenance, or
expansion of the school breakfast program: Provided further, That of
the total amount available, $50,000,000 shall remain available until
expended to carry out section 749(g) of the Agriculture Appropriations
Act of 2010 (Public Law 111-80): Provided further, That section 26(d)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769g(d)) is amended in the first sentence by striking ``2010 through
2019'' and inserting ``2010 through 2021'': Provided further, That
section 9(h)(3) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758(h)(3)) is amended by striking ``For fiscal year 2019'' and
inserting ``For fiscal years 2020 and 2021'': Provided further, That
section 9(h)(4) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758(h)(4)) is amended by striking ``For fiscal year 2019'' and
inserting ``For fiscal years 2020 and 2021''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2021: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000 shall be used
for infrastructure: Provided further, That none of the funds provided
in this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further,
That none of the funds provided shall be available for activities that
are not fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act: Provided
further, That upon termination of a federally mandated vendor
moratorium and subject to terms and conditions established by the
Secretary, the Secretary may waive the requirement at 7 CFR
246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $71,093,908,000, of which $5,000,000,000
(reduced by $10,000,000) (increased by $10,000,000), to remain
available through December 31, 2021, shall be placed in reserve for use
only in such amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein shall be
expended in accordance with section 16 of the Food and Nutrition Act of
2008: Provided further, That of the funds made available under this
heading, $998,000 may be used to provide nutrition education services
to State agencies and Federally Recognized Tribes participating in the
Food Distribution Program on Indian Reservations: Provided further,
That this appropriation shall be subject to any work registration or
workfare requirements as may be required by law: Provided further,
That funds made available for Employment and Training under this
heading shall remain available through September 30, 2021: Provided
further, That funds made available under this heading for section
28(d)(1), section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2021: Provided
further, That none of the funds made available under this heading may
be obligated or expended in contravention of section 213A of the
Immigration and Nationality Act (8 U.S.C. 1183A): Provided further,
That funds made available under this heading may be used to enter into
contracts and employ staff to conduct studies, evaluations, or to
conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $344,248,000, to
remain available through September 30, 2021: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2020 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2021: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 15 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$154,041,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds
made available by this Act to an agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,775,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $215,513,000, of which no more than 6 percent shall
remain available until September 30, 2021, for overseas operations to
include the payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to
the agricultural food production assistance programs (7 U.S.C. 1737)
and the foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service, shall remain available until
expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program of
title I, Food for Peace Act (Public Law 83-480) and the Food for
Progress Act of 1985, $142,000, shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,850,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $235,000,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein:
Provided further, That of the amount made available under this heading,
$25,000,000, shall remain available until expended to purchase
agricultural commodities as described in subsection 3107(a)(2) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$8,845,000, to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $6,382,000 shall
be transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $2,463,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities
described in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$25,000; and notwithstanding section 521 of Public Law 107-188;
$5,848,357,000 (increased by $100,000) (reduced by $100,000) :
Provided, That of the amount provided under this heading,
$1,062,367,000 shall be derived from prescription drug user fees
authorized by 21 U.S.C. 379h, and shall be credited to this account and
remain available until expended; $219,527,000 shall be derived from
medical device user fees authorized by 21 U.S.C. 379j, and shall be
credited to this account and remain available until expended;
$511,682,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $39,618,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-
52, and shall be credited to this account and remain available until
expended; $30,524,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $18,700,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that
exceed the respective fiscal year 2020 limitations are appropriated and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2020, including
any such fees collected prior to fiscal year 2020 but credited for
fiscal year 2020, shall be subject to the fiscal year 2020 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2020 of user fees specified under this heading and authorized for
fiscal year 2021, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2021 for which the Secretary
accepts payment in fiscal year 2020 shall not be included in amounts
under this heading: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,100,560,000 shall be for the Center for
Food Safety and Applied Nutrition and related field activities in the
Office of Regulatory Affairs, of which no less than $15,000,000 shall
be used for inspections of foreign seafood manufacturers and field
examinations of imported seafood; (2) $1,978,674,000 shall be for the
Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs; (3) $431,561,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $242,558,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $606,469,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $66,512,000
shall be for the National Center for Toxicological Research; (7)
$661,739,000 shall be for the Center for Tobacco Products and for
related field activities in the Office of Regulatory Affairs; (8)
$191,800,000 shall be for Rent and Related activities, of which
$56,043,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (9) $240,079,000 shall
be for payments to the General Services Administration for rent; and
(10) $328,405,000 shall be for other activities, including the Office
of the Commissioner of Food and Drugs, the Office of Foods and
Veterinary Medicine, the Office of Medical and Tobacco Products, the
Office of Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these offices:
Provided further, That not to exceed $25,000 of this amount shall be
for official reception and representation expenses, not otherwise
provided for, as determined by the Commissioner: Provided further,
That any transfer of funds pursuant to section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other activities:
Provided further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees on
Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and inspection fees
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees
authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and,
contingent upon the enactment of the Over-the-Counter Monograph User
Fee Act of 2019, fees relating to over-the-counter monograph drugs
authorized by part 10 of subchapter C of chapter VII of the Federal
Food, Drug and Cosmetic Act shall be credited to this account, to
remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise
provided, $11,788,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes under the heading ``Salaries and
Expenses'', $75,000,000, to remain available until expended: Provided,
That amounts appropriated in this paragraph are appropriated pursuant
to section 1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such Act, and
may be transferred by the Commissioner of Food and Drugs to the
appropriation for ``Department of Health and Human Services Food and
Drug Administration Salaries and Expenses'' solely for the purposes
provided in such Act: Provided further, That upon a determination by
the Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $284,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$57,000,000, to remain available until September 30, 2021, shall be for
the purchase of information technology and of which not less than
$3,386,000 shall be for expenses of the Office of the Inspector
General: Provided, That notwithstanding the limitations in 31 U.S.C.
1553, amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on leases
entered into prior to the date of enactment of this Act: Provided
further, That for the purpose of recording and liquidating any lease
obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a no-year account in the Treasury, which has been established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations.
In addition, for move, replication, and related costs associated
with replacement leases for the Commission's facilities, not to exceed
$31,000,000, to remain available until expended.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $76,000,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available
to the Department of Agriculture in this Act to purchase new passenger
motor vehicles, in addition to specific appropriations for this
purpose, so long as the total number of vehicles purchased in fiscal
year 2020 does not exceed the number of vehicles owned or leased in
fiscal year 2018: Provided, That, prior to purchasing additional motor
vehicles, the Secretary must determine that such vehicles are necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety: Provided further,
That the Secretary may not increase the Department of Agriculture's
fleet above the 2018 level unless the Secretary notifies in writing,
and receives approval from, the Committees on Appropriations of both
Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the delivery
of financial, administrative, and information technology services of
primary benefit to the agencies of the Department of Agriculture, such
transferred funds to remain available until expended: Provided, That
none of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without written notification to and the
prior approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds appropriated by
this Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any changes to
the Department's National Finance Center without written notification
to and prior approval of the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of such changes:
Provided further, That none of the funds appropriated by this Act or
made available to the Department's Working Capital Fund shall be
available for obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any systems,
missions, or functions of the offices of the Chief Financial Officer or
any personnel from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations
of both Houses of Congress at least 30 days in advance of such actions:
Provided further, That the Secretary of Agriculture and the offices of
the Chief Financial Officer shall actively market to existing and new
Departments and other government agencies National Finance Center
shared services including, but not limited to, payroll, financial
management, and human capital shared services and allow the National
Finance Center to perform technology upgrades: Provided further, That
of annual income amounts in the Working Capital Fund of the Department
of Agriculture attributable to the amounts in excess of the true costs
of the shared services provided by the National Finance Center and
budgeted for the National Finance Center, the Secretary shall reserve
not more than 4 percent for the replacement or acquisition of capital
equipment, including equipment for the improvement, delivery, and
implementation of financial, administrative, and information technology
services, and other systems of the National Finance Center or to pay
any unforeseen, extraordinary cost of the National Finance Center:
Provided further, That none of the amounts reserved shall be available
for obligation unless the Secretary submits written notification of the
obligation to the Committees on Appropriations of both Houses of
Congress: Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall not apply
to any obligation that, as determined by the Secretary, is necessary to
respond to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That, notwithstanding section 11319 of
title 40, United States Code, none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects, contracts, or other agreements over $25,000 prior to
receipt of written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an agency to
obligate funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the
performance plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act of 1936, or any
not-for-profit utility that is eligible to receive an insured or direct
loan under such Act, shall be eligible for assistance under section
313B(a) of such Act in the same manner as a borrower under such Act.
Sec. 709. (a) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2021, for
information technology expenses.
(b) Except as otherwise specifically provided by law, not more than
$20,000,000 in unobligated balances from appropriations made available
for salaries and expenses in this Act for the Rural Development mission
area shall remain available through September 30, 2021, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79) or by a successor to
that Act, other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in that Act,
that is authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as
``section 14222''), none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to
as ``section 32'') in excess of $1,404,000,000 (exclusive of carryover
appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$485,000,000; State Option
Contracts-- $5,000,000; Removal of Defective Commodities-- $2,500,000;
Administration of Section 32 Commodity Purchases--$35,853,000:
Provided, That of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1, 2020, such
unobligated balances shall carryover into fiscal year 2021 and shall
remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available by this
or any other Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause (3) of
section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2021 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the Department of Agriculture that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the Department of Agriculture, shall be
available for obligation or expenditure through transfer of funds, or
reimbursements as authorized by the Economy Act, or through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees.
(b) None of the funds provided by this Act, or provided by previous
appropriations Acts to the Department of Agriculture that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the Department of Agriculture, shall be available for
obligation or expenditure for activities, programs, or projects through
use of the authorities referred to in subsection (a) involving funds in
excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
projects, or activities as approved by Congress.
(c) The Secretary of Agriculture may not implement any program,
project, or activity not carried out during the previous fiscal year
unless the program, project, or activity is funded by this Act or
specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
appropriations Acts to the Department of Agriculture that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the Department of Agriculture shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less; or
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel.
Sec. 717. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the Food and Drug Administration or
the Commodity Futures Trading Commission that remain available for
obligation or expenditure in the current fiscal year, or provided from
any accounts in the Treasury derived by the collection of fees
available to those agencies, shall be available for obligation or
expenditure through a reprogramming, or a transfer of funds, that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Health and Human Services or the Chairman of
the Commodity Futures Trading Commission (as the case may be) notifies
in writing, and receives approval from, the Committees on
Appropriations of both Houses of Congress at least 30 days in advance
of the reprogramming of such funds or the use of such transfer
authority.
(b) None of the funds provided by this Act, or provided by previous
appropriations Acts to the Food and Drug Administration or the
Commodity Futures Trading Commission that remain available for
obligation or expenditure in the current fiscal year, or provided from
any accounts in the Treasury derived by the collection of fees
available to those agencies, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming or use of the transfer authority referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
projects, or activities as approved by Congress;
unless the Secretary of Health and Human Services or the Chairman of
the Commodity Futures Trading Commission (as the case may be) notifies
in writing, and receives approval from, the Committees on
Appropriations of both Houses of Congress at least 30 days in advance
of the reprogramming of such funds or the use of such transfer
authority.
(c) The Secretary of Health and Human Services or the Chairman of
the Commodity Futures Trading Commission (as the case may be) shall
notify in writing and receive approval from the Committees on
Appropriations of both Houses of Congress before implementing any
program, project, or activity not carried out during the previous
fiscal year unless the program, project, or activity is funded by this
Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
appropriations Acts to the Food and Drug Administration or the
Commodity Futures Trading Commission (as the case may be) that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to those agencies, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the Secretary of Health and Human Services or the Chairman of
the Commodity Futures Trading Commission (as the case may be) notifies
in writing, and receives approval from, the Committees on
Appropriations of both Houses of Congress at least 30 days in advance
of using the funds for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Health and Human Services or the
Chairman of the Commodity Futures Trading Commission (as the case may
be) receives from the Committee on Appropriations of both Houses of
Congress written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 718. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and
Human Services, non-Commodity Futures Trading Commission, or non-Farm
Credit Administration employee.
Sec. 720. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 721. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 722. For the purposes of determining eligibility or level of
program assistance for Rural Development programs the Secretary shall
not include incarcerated prison populations.
Sec. 723. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, the Chairman of the Commodity Futures Trading
Commission, and the Chairman of the Farm Credit Administration shall
submit to the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for all the
funds made available under this Act including appropriated user fees,
as defined in the joint explanatory statement accompanying this Act.
Sec. 724. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $800,000,000 are
hereby rescinded.
Sec. 725. The Secretary shall continue an intermediary loan
packaging program based on the pilot program in effect for fiscal year
2013 for packaging and reviewing section 502 single family direct
loans. The Secretary shall continue agreements with current
intermediary organizations and with additional qualified intermediary
organizations. The Secretary shall work with these organizations to
increase effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make available
from the national reserve section 502 loans an amount necessary to
support the work of such intermediaries and provide a priority for
review of such loans.
Sec. 726. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 727. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture.
Sec. 728. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of
the final rule entitled ``Enhancing Retailer Standards in the
Supplemental Nutrition Assistance Program (SNAP)'' published by the
Department of Agriculture in the Federal Register on December 15, 2016
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the
definition of the term ``variety'' as de fined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in
each staple food category exceeds the number of such items in each
staple food category included in the final rule as published on
December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to Supplemental
Nutrition Assistance Program retailers that were in effect on the day
before the date of the enactment of the Agricultural Act of 2014
(Public Law 113-79).
Sec. 729. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 730. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 731. None of the funds made available by this or any other
Act may be used to carry out the final rule promulgated by the Food and
Drug Administration and put into effect November 16, 2015, in regards
to the hazard analysis and risk-based preventive control requirements
of the current good manufacturing practice, hazard analysis, and risk-
based preventive controls for food for animals rule with respect to the
regulation of the production, distribution, sale, or receipt of dried
spent grain byproducts of the alcoholic beverage production process.
Sec. 732. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator, are in place to ensure that emergency
food aid is received by the intended beneficiaries in areas affected by
food shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 733. There is hereby appropriated $15,000,000, to remain
available until expended, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided,
That the Secretary may allow eligible entities, or comparable entities
that provide energy efficiency services using their own billing
mechanism to offer loans to customers in any part of their service
territory and to offer loans to replace a manufactured housing unit
with another manufactured housing unit, if replacement would be more
cost effective in saving energy.
Sec. 734. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 735. No food that bears or contains partially hydrogenated
oils (as defined in the order published by the Food and Drug
Administration in the Federal Register on June 17, 2015 (80 Fed. Reg.
34650 et seq.)) shall be considered to be adulterated within the
meaning of subsection (a)(1) or (a)(2)(C)(i) of section 402 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because such
food contains such partially hydrogenated oils until the applicable
compliance dates specified by FDA in the Federal Register on May 21,
2018 (83 Fed. Reg. 23358 et seq.).
Sec. 736. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the
issuance of licenses under section 3 of the Animal Welfare Act (7
U.S.C. 2133), or the renewal of such licenses, to class B dealers who
sell dogs and cats for use in research, experiments, teaching, or
testing.
Sec. 737. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall make
available to the public on an informal basis a copy of the request and
information available to the Secretary or the designee concerning the
request, and shall allow for informal public input on the request for
at least 15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and accompanying
information available by electronic means, including on the official
public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each federally recognized Indian tribe.
Sec. 738. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 739. None of the funds made available by this Act may be used
to procure raw or processed poultry products imported into the United
States from the People's Republic of China for use in the school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service
Program for Children under section 13 of such Act (42 U.S.C. 1761), or
the school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 740. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 741. Of the total amounts made available by this Act for
direct loans and grants in section 733 and in the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help Housing
Grants''; ``Rural Housing Service--Rural Housing Assistance Grants'';
``Rural Housing Service--Rural Community Facilities Program Account'';
``Rural Business-Cooperative Service--Rural Business Program Account'';
``Rural Business-Cooperative Service--Rural Economic Development Loans
Program Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Utilities Service--Rural
Water and Waste Disposal Program Account''; ``Rural Utilities Service--
Rural Electrification and Telecommunications Loans Program Account'';
and ``Rural Utilities Service--Distance Learning, Telemedicine, and
Broadband Program'', to the maximum extent feasible, at least 10
percent of the funds shall be allocated for assistance in persistent
poverty counties under this section, including, notwithstanding any
other provision regarding population limits, any county seat of such a
persistent poverty county that has a population that does not exceed
the authorized population limit by more than 10 percent: Provided,
That for purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured by the
1990 and 2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average, or any territory or possession of the United
States: Provided further, That with respect to specific activities for
which program levels have been made available by this Act that are not
supported by budget authority, the requirements of this section shall
be applied to such program level.
Sec. 742. (a) No funds shall be used to finalize the proposed rule
entitled ``Eligibility of the People's Republic of China (PRC) to
Export to the United States Poultry Products from Birds Slaughtered in
the PRC'' published in the Federal Register by the Department of
Agriculture on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary
of Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry
products comply with all other applicable requirements for
poultry products in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United
States processed poultry products;
(4) conduct re-inspection of such poultry products at
United States ports-of-entry to check the general condition of
such products, for the proper certification and labeling of
such products, and for any damage to such products that may
have occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
(b) This section shall be applied in a manner consistent with
obligations of the United States under any trade agreement to which the
United States is a party.
Sec. 743. In addition to any other funds made available in this
Act or any other Act, there is appropriated $5,000,000 (increased by
$1,000,000) to carry out section 18(g)(8) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)), to remain available
until expended.
Sec. 744. There is hereby appropriated $10,000,000, to remain
available until September 30, 2021, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of 2014,
for necessary expenses of the Secretary to support projects that
provide access to healthy food in underserved areas, to create and
preserve quality jobs, and to revitalize low-income communities.
Sec. 745. For an additional amount for ``Animal and Plant Health
Inspection Service--Salaries and Expenses'', $8,500,000, to remain
available until September 30, 2021, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 746. None of the funds made available by this or any other
Act may be used to enforce the final rule promulgated by the Food and
Drug Administration entitled ``Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption,'' and published
on November 27, 2015, with respect to the regulation of entities that
grow, harvest, pack, or hold wine grapes, hops, pulse crops, or
almonds.
Sec. 747. For school year 2020-2021, only a school food authority
that had a negative balance in the nonprofit school food service
account as of December 31, 2019, shall be required to establish a price
for paid lunches in accordance with Section 12(p) of the Richard B.
Russell National School Lunch Act, 42 U.S.C. 1760(p).
Sec. 748. (a) There is hereby appropriated $463,000,000 (increased
by $55,000,000), to remain available until expended, for an additional
amount for section 779 of Public Law 115-141.
(b) Section 313 of the Rural Electrification Act of 1936, as
amended (7 U.S.C. 940c), shall be applied for fiscal year 2019 and each
fiscal year thereafter until the specified funding has been expended as
if the following were inserted after the final period in subsection
(b)(2): In addition, the Secretary shall use $87,000,000 of funds
available in this subaccount in fiscal year 2020 for an additional
amount for the same purpose and under the same terms and conditions as
funds appropriated by section 779 of Public Law 115-141: Provided,
That prior to any use of such funds, the Secretary shall provide
written notification to the Committees on Appropriations of both Houses
of Congress at least 30 days in advance.
Sec. 749. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
Sec. 750. None of the funds made available by this Act may be used
to implement or enforce the matter following the first comma in the
second sentence of footnote (c) of section 220.8(c) of title 7, Code of
Federal Regulations, with respect to the substitution of vegetables for
fruits under the school breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 751. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall, not
later than July 1, 2020, and following the review required under
Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review), issue advice revising the advice provided in the
notice of availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug Administration;
Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19,
2017)), in a manner that is consistent with nutrition science
recognized by the Food and Drug Administration on the net effects of
seafood consumption.
Sec. 752. In addition to any funds made available in this Act or
any other Act, there is hereby appropriated $10,000,000, to remain
available until September 30, 2021, for grants from the National
Institute of Food and Agriculture to the 1890 Institutions to support
the Centers of Excellence.
Sec. 753. There is hereby appropriated $1,000,000 for the
Secretary of Agriculture to carry out a pilot program that assists
rural hospitals to improve long-term operations and financial health by
providing technical assistance through analysis of current hospital
management practices.
Sec. 754. There is hereby appropriated $2,000,000, to remain
available until expended, for grants under section 12502 of Public Law
115-334.
Sec. 755. The funds provided in section 753 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2018, are rescinded.
Sec. 756. Not later than 180 days after the date of the enactment
of this Act, the Secretary of Agriculture shall issue a final rule
based on the proposed rule entitled ``National Organic Program; Origin
of Livestock,'' published in the Federal Register on April 28, 2015 (80
Fed. Reg. 23455): Provided, That the final rule shall incorporate
public comments submitted in response to the proposed rule.
Sec. 757. There is hereby appropriated $3,000,000, to remain
available until September 30, 2021, to carry out section 4003(b) of
Public Law 115-334 relating to demonstration projects for Tribal
Organizations.
Sec. 758. Hereafter, and not withstanding any other provision of
law, no funds available to the Department of Agriculture may be used to
relocate an agency, or any part of an agency, that was located within
the National Capital Region on August 1, 2018, to a site outside of the
National Capital Region in the absence of the prior enactment of a
specific appropriation for that relocation.
Sec. 759. Hereafter, and notwithstanding any other provision of
law, no funds available to the Department of Agriculture may be used to
move any agency from the mission area in which it was located on August
1, 2018, to any other mission area or office within the Department in
the absence of the enactment of specific legislation affirming such
move.
Sec. 760. The Animal and Plant Health Inspection Service shall,
notwithstanding any other provision of law--
(1) within 60 calendar days, restore on its website the
searchable database and its contents that were available on
January 30, 2017, and all content generated since that date;
and
(2) hereafter, make publicly available via searchable
database, in their entirety without redactions except
signatures, the following--
(A) all Animal Welfare Act inspection reports,
including all reports documenting all AWA non-
compliances observed by USDA officials and all animal
inventories;
(B) all Animal Welfare Act and Horse Protection Act
enforcement records;
(C) all reports or other materials documenting any
non-compliances observed by USDA officials; and
(D) all Animal Welfare Act research facility annual
reports, including their attachments.
Sec. 761. There is hereby appropriated $1,000,000 to carry out
section 3307 of Public Law 115-334.
Sec. 762. The Secretary of Agriculture may waive the matching
funds requirement under Section 412(g) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)).
Sec. 763. There is hereby appropriated $10,000,000, to remain
available until September 30, 2021, to carry out section 23 of the
Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $1,000,000 shall
be for grants under such section to the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, the United States
Virgin Islands, and American Samoa.
Sec. 764. There is hereby appropriated $1,000,000 to carry out
section 12607(b) of Public Law 115-334.
Sec. 765. Section 2 of the Rural Electrification Act of 1936 (7
U.S.C. 902) is amended in subsection (a) by striking ``made by the
Secretary'' and inserting ``made or guaranteed by the Secretary''.
Sec. 766. The National Bio and Agro-Defense Facility shall be
transferred without reimbursement from the Secretary of Homeland
Security to the Secretary of Agriculture.
Sec. 767. Any funds made available by this or any other Act that
the Secretary withholds pursuant to section 1668(g)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)),
as amended, shall be available for grants for biotechnology risk
assessment research: Provided, That the Secretary may transfer such
funds to appropriations of the Department of Agriculture.
Sec. 768. There is hereby appropriated $5,000,000 to carry out
section 222 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section 12302
of Public Law 115-334.
Sec. 769. There is hereby appropriated $400,000 to carry out
section 224 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924) as amended by section 12504
of Public Law 115-334.
Sec. 770. There is hereby appropriated $1,000,000, to remain
available until September 30, 2021, to carry out section 4208 of Public
Law 115-334.
Sec. 771. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of
Public Law 115-334.
Sec. 772. There is hereby appropriated $10,000,000 to carry out
section 12301 of Public Law 115-334.
Sec. 773. There is hereby appropriated $2,500,000 to carry out
section 1450 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120
of Public Law 115-334.
Sec. 774. There is hereby appropriated $1,000,000 to carry out
section 1671 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115-334.
Sec. 775. There is hereby appropriated $5,000,000 to carry out
section 310I of Subtitle A of Title III of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1936c) as amended by section 5104 of
Public Law 115-334.
Sec. 776. There is hereby appropriated $7,000,000 for the purposes
described in the paragraph entitled ``Nutrition Assistance Program
(NAP) Study'' under the Supplemental Nutrition Assistance Program
included in the report accompanying this Act.
Sec. 777. There is hereby appropriated $5,000,000 (increased by
$5,000,000) to remain available until September 30, 2021, to carry out
section 4206 of Public Law 115-334.
Sec. 778. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 779. None of the funds made available to the Department of
Agriculture shall be used to finalize, issue, or implement the proposed
rule entitled ``Modernization of Swine Slaughter Inspection'' published
in the Federal Register by the Food Safety Inspection Service on
February 1, 2018 (83 Fed. Reg. 4780 et seq.), including insofar as such
rule relates to converting establishments, until--
(1) the Office of the Inspector General of the Department
of Agriculture has provided to the Food Safety and Inspection
Service and the Committees on Appropriations of the House of
Representatives and the Senate findings on the data used in
support of the development and design of the swine slaughter
inspection program that is the subject of such proposed rule;
and
(2) the Food Safety and Inspection Service has addressed
and resolved issues identified by the Inspector General in the
findings referred to in paragraph (1).
Sec. 780. None of the funds made available by this Act may be used
to--
(1) transfer the functions of, or eliminate, a Forest
Service Job Corps Civilian Conservation Center; or
(2) alter the jurisdiction of the Secretary of Agriculture
with respect to the operation of such a Forest Service Job
Corps Civilian Conservation Center, as such jurisdiction was in
effect on January 1, 2019.
Sec. 781. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
Sec. 782. Any reference to a ``report accompanying this Act''
contained in this division shall be treated as a reference to House
Report 116-107. The effect of such Report shall be limited to this
division and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, this division.
Sec. 783. There is appropriated, for salaries and expenses of the
Farm Service Agency to carry out section 1621 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8792), $1,996,000, to be
derived from a reduction of $2,000,000 in the amount provided in this
Act for the item for ``Office of the Secretary'' and ``Office of the
Secretary--Office of Communications''.
Sec. 784. None of the funds made available by this Act may be used
to remove the term ``climate change'' from any publication of any
entity for which such funds are made available.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2020''.
DIVISION C--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of the
Interior, environment, and related agencies for the fiscal year ending
September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(including rescission of funds)
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,265,097,000, to remain available until September 30, 2021; of which
$125,653,000 (increased by $1,500,000) (reduced by $1,500,000) for
annual and deferred maintenance shall remain available until expended,
and of which $6,000,000 is for a pilot program to complement activities
authorized by Public Law 92-195: Provided, That amounts in the fee
account of the Bureau of Land Management permit process improvement
fund may be used for bureau-related expenses directly associated with
the processing of oil and gas applications for permits to drill and
related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2020, so as to result in a final appropriation estimated at
not more than $1,265,097,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
Of the unobligated balances from amounts made available under this
heading in fiscal year 2016 or before, $14,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
construction
(including rescission of funds)
Of the unobligated balances from amounts made available under this
heading $5,000,000 is permanently rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $33,800,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$117,195,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products.
United States Fish and Wildlife Service
resource management
(including rescission of funds)
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,364,760,000 (reduced by
$1,720,000) (increased by $1,720,000) (reduced by $200,000) (increased
by $200,000), to remain available until September 30, 2021: Provided,
That not to exceed $23,442,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) (except for processing petitions,
developing and issuing proposed and final regulations, and taking any
other steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)).
Of the unobligated balances from amounts made available under this
heading, in accordance with the joint explanatory statement
accompanying the Consolidated Appropriations Act, 2019, for central
office operations in fiscal year 2019, $4,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$15,693,000, to remain available until expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and Wildlife
Service, $67,750,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of which,
notwithstanding section 200306 of title 54, United States Code, not
more than $10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004, including not to
exceed $320,000 for administrative expenses: Provided, That none of
the funds appropriated for specific land acquisition projects may be
used to pay for any administrative overhead, planning or other
management costs.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $63,702,000, to remain available
until expended, of which $23,702,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$40,000,000 is to be derived from the Land and Water Conservation Fund.
Of the unobligated balances made available from the Cooperative
Endangered Species Conservation Fund, $10,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$50,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $15,000,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $70,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$5,209,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,362,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $12,571,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and (2)
two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment under
this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the non-
Federal share of such projects may not be derived from Federal grant
programs: Provided further, That any amount apportioned in 2020 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2021, shall be reapportioned, together with funds
appropriated in 2022, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,646,979,000, of which $10,282,000 for planning and
interagency coordination in support of Everglades restoration and
$150,980,000 for maintenance, repair, or rehabilitation projects for
constructed assets and $166,575,000 for cyclic maintenance projects for
constructed assets and cultural resources and $5,000,000 shall be for
uses authorized by section 101122 of title 54, United States Code shall
remain available until September 30, 2021: Provided, That funds
appropriated under this heading in this Act are available for the
purposes of section 5 of Public Law 95-348: Provided further, That
notwithstanding section 9(a) of the United States Semiquincentennial
Commission Act of 2016 (Public Law 114-196; 130 Stat. 691), $500,000 of
the funds made available under this heading shall be provided to the
organization selected under section 9(b) of that Act for expenditure by
the United States Semiquincentennial Commission in accordance with that
Act. Provided further, That notwithstanding section 9 of the 400 Years
of African-American History Commission Act (Public Law 115-102; 131
Stat. 2248), $500,000 (increased by $500,000) of the funds made
available under this heading shall be provided to the 400 Years of
African-American History Commission for expenditure in accordance with
that Act.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $73,508,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $121,660,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2021, of which $16,000,000
shall be for Save America's Treasures grants for preservation of
national significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $750,000 is for
competitive grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic Landmarks
associated with communities currently under-represented, as determined
by the Secretary, $22,500,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement, $10,000,000 is for
grants to Historically Black Colleges and Universities, and $5,000,000
is for competitive grants for the restoration of historic properties of
national, State and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation
Act: Provided further, That such competitive grants shall be made
without imposing the matching requirements in section 302902(b)(3) of
title 54, United States Code, to States and Indian tribes as defined in
chapter 3003 of such title, Native Hawaiian organizations, local
governments, including Certified Local Governments, and non-profit
organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $319,704,000 (increased by
$1,000,000) (reduced by $1,000,000), to remain available until
expended: Provided, That notwithstanding any other provision of law,
for any project initially funded in fiscal year 2021 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which includes
the full scope of the project: Provided further, That the solicitation
and contract shall contain the clause availability of funds found at 48
CFR 52.232-18: Provided further, That National Park Service Donations,
Park Concessions Franchise Fees, and Recreation Fees may be made
available for the cost of adjustments and changes within the original
scope of effort for projects funded by the National Park Service
Construction appropriation: Provided further, That the Secretary of
the Interior shall consult with the Committees on Appropriations, in
accordance with current reprogramming thresholds, prior to making any
charges authorized by this section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2020 by section
200308 of title 54, United States Code, is rescinded.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance with
the statutory authority applicable to the National Park Service,
$208,400,000 (increased by $5,000,000) (reduced by $5,000,000), to be
derived from the Land and Water Conservation Fund and to remain
available until expended, of which $140,000,000 is for the State
assistance program and of which $15,000,000 shall be for the American
Battlefield Protection Program grants as authorized by chapter 3081 of
title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $20,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,236,398,000,
to remain available until September 30, 2021; of which $84,337,000
shall remain available until expended for satellite operations; and of
which $20,164,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the United
States Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 6101, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code,
relating to tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$182,781,000, of which $122,781,000 is to remain available until
September 30, 2021, and of which $60,000,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to this
appropriation from additions to receipts resulting from increases to
lease rental rates in effect on August 5, 1993, and from cost recovery
fees from activities conducted by the Bureau of Ocean Energy Management
pursuant to the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative activities:
Provided further, That the sum herein appropriated shall be reduced as
such collections are received during the fiscal year, so as to result
in a final fiscal year 2020 appropriation estimated at not more than
$122,781,000: Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting volunteer beach
and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $145,504,000, of which $119,504,000 is to
remain available until September 30, 2021, and of which $26,000,000 is
to remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2020 appropriation estimated at not more than $119,504,000.
For an additional amount, $47,308,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2020, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $47,308,000, the amounts realized in excess
of $47,308,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2020,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$121,647,000, to remain available until September 30, 2021: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2020 appropriation estimated at not more than
$121,647,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $24,713,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions in the report accompanying this Act:
Provided, That such additional amount shall be used for economic and
community development in conjunction with the priorities in section
403(a) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)): Provided further, That of such additional amount,
$75,000,000 shall be distributed in equal amounts to the 3 Appalachian
States with the greatest amount of unfunded needs to meet the
priorities described in paragraphs (1) and (2) of such section,
$30,000,000 shall be distributed in equal amounts to the 3 Appalachian
States with the subsequent greatest amount of unfunded needs to meet
such priorities, and $10,000,000 shall be for grants to federally
recognized Indian Tribes without regard to their status as certified or
uncertified under the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1233(a)), for reclamation of abandoned mine lands and
other related activities in accordance with the terms and conditions in
the report accompanying this Act and shall be used for economic and
community development in conjunction with the priorities in section
403(a) of the Surface Mining Control and Reclamation Act of 1977:
Provided further, That such additional amount shall be allocated to
States and Indian Tribes within 60 days after the date of enactment of
this Act.
Bureau of Indian Affairs
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 5301 et seq.), $1,650,504,000 (increased by
$176,000,000) (reduced by $176,000,000) to remain available until
September 30, 2021, except as otherwise provided herein; of which not
to exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $77,734,000 shall be for welfare
assistance payments: Provided, That in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities affected
by the disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized Indian tribes
may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $73,164,000 shall remain
available until expended for housing improvement, road maintenance,
attorney fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That any forestry
funds allocated to a federally recognized tribe which remain
unobligated as of September 30, 2021, may be transferred during fiscal
year 2022 to an Indian forest land assistance account established for
the benefit of the holder of the funds within the holder's trust fund
account: Provided further, That any such unobligated balances not so
transferred shall expire on September 30, 2022: Provided further, That
in order to enhance the safety of Bureau field employees, the Bureau
may use funds to purchase uniforms or other identifying articles of
clothing for personnel: Provided further, That the Bureau of Indian
Affairs may accept transfers of funds from United States Customs and
Border Protection to supplement any other funding available for
reconstruction or repair of roads owned by the Bureau of Indian Affairs
as identified on the National Tribal Transportation Facility Inventory,
23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs and the
Bureau of Indian Education for fiscal year 2020, such sums as may be
necessary, which shall be available for obligation through September
30, 2021: Provided, That notwithstanding any other provision of law,
no amounts made available under this heading shall be available for
transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483; $146,014,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of Dams
program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall
be made available on a nonreimbursable basis: Provided further, That
this appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate share of
construction costs for space expansion needed in agency offices to meet
trust reform implementation: Provided further, That of the funds made
available under this heading, $10,000,000 shall be derived from the
Indian Irrigation Fund established by section 3211 of the WIIN Act
(Public Law 114-322; 130 Stat. 1749).
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and
for implementation of other land and water rights settlements,
$45,644,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $12,784,000, of
which $1,725,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed or insured, not to exceed $199,075,370.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian Education
programs, as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,000,233,000, to remain
available until September 30, 2021, except as otherwise provided
herein: Provided, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their
Tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $721,690,000 for school operation
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2020, and shall remain available until
September 30, 2021: Provided further, That notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of
the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$81,508,000 within and only from such amounts made available for school
operations shall be available for administrative cost grants associated
with grants approved prior to July 1, 2020: Provided further, That in
order to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of
clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian Education programs, including architectural and engineering
services by contract; acquisition of lands, and interests in lands;
$387,252,000 to remain available until expended; Provided, That for
fiscal year 2020, in implementing new construction, replacement
facilities construction, or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant schools under
Public Law 100-297, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in part 12 of title 43, Code of Federal
Regulations, as the regulatory requirements: Provided further, That
such grants shall not be subject to section 12.61 of title 43, Code of
Federal Regulations; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be performed: Provided
further, That in considering grant applications, the Secretary shall
consider whether such grantee would be deficient in assuring that the
construction projects conform to applicable building standards and
codes and Federal, tribal, or State health and safety standards as
required by section 1125(b) of title XI of Public Law 95-561 (25 U.S.C.
2005(b)), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines a grant
application, the Secretary shall follow the requirements contained in
section 5206(f) of Public Law 100-297 (25 U.S.C. 2504(f)): Provided
further, That any disputes between the Secretary and any grantee
concerning a grant shall be subject to the disputes provision in
section 5208(e) of Public Law 107-110 (25 U.S.C. 2507(e)): Provided
further, That in order to ensure timely completion of construction
projects, the Secretary may assume control of a project and all funds
related to the project, if, not later than 18 months after the date of
the enactment of this Act, any grantee receiving funds appropriated in
this Act or in any prior Act, has not completed the planning and design
phase of the project and commenced construction.
administrative provisions
The Bureau of Indian Education may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in cooperation
with States and other organizations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education for central office oversight and
Executive Direction and Administrative Services (except executive
direction and administrative services funding for Tribal Priority
Allocations, regional offices, and facilities operations and
maintenance) shall be available for contracts, grants, compacts, or
cooperative agreements with the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Education, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education, or more than one grade
to expand the elementary grade structure for Bureau-funded schools with
a K-2 grade structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year 2012. Funds
made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further, That the
term ``satellite school'' means a school location physically separated
from the existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $131,232,000 (increased by $5,000,000) (reduced by $5,000,000)
(reduced by $1,000,000) (reduced by $1,000,000) (reduced by
$1,000,000), to remain available until September 30, 2021; of which no
less than $1,000,000 shall be for the hiring of additional personnel to
assist the Department with its compliance responsibilities under 5
U.S.C. 552; of which not to exceed $15,000 may be for official
reception and representation expenses; and of which up to $1,000,000
shall be available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines; and of which $9,000,000 for the Office of
Valuation Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $11,061,000 for Indian land, mineral, and resource valuation
activities shall remain available until expended: Provided, That funds
for Indian land, mineral, and resource valuation activities may, as
needed, be transferred to and merged with the Bureau of Indian Affairs
``Operation of Indian Programs'' and Bureau of Indian Education
``Operation of Indian Education Programs'' accounts and the Office of
the Special Trustee for American Indians ``Federal Trust Programs''
account: Provided further, That funds made available through contracts
or grants obligated during fiscal year 2020, as authorized by the
Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2020, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for any
fiscal year for payments pursuant to this chapter are insufficient to
make the full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be made
proportionally: Provided further, That the Secretary may make
adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further,
That no payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $108,631,000, of
which: (1) $99,140,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation
and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local revenues,
for construction and support of governmental functions; grants to the
Government of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands, as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $9,491,000 shall be available until
September 30, 2021, for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands Covenant
grant funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's commitment to
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,236,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $66,816,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$55,986,000, to remain available until September 30, 2021.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer and rescission of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$97,613,000, to remain available until expended, of which not to exceed
$17,911,000 from this or any other Act, may be available for historical
accounting: Provided, That $10,000,000 shall not be available for
obligation until the Secretary provides the report required by section
304(a)(3) of the Indian Trust Asset Reform Act (Public Law 114-178) to
terminate the Office of the Special Trustee in its entirety, to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That funds for Trust Management improvements
and litigation support may, as needed, be transferred to or merged with
the Bureau of Indian Affairs ``Operation of Indian Programs'' and
Bureau of Indian Education, ``Operation of Indian Education Programs''
account; the Office of the Solicitor, ``Salaries and Expenses''
account; and the Office of the Secretary, ``Departmental Operations''
account: Provided further, That funds made available through contracts
or grants obligated during fiscal year 2020, as authorized by the
Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of performance
for any Indian trust account that has not had activity for at least 15
months and has a balance of $15 or less: Provided further, That the
Secretary shall issue an annual account statement and maintain a record
of any such accounts and shall permit the balance in each such account
to be withdrawn upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for the
Secretary to make payments to correct administrative errors of either
disbursements from or deposits to Individual Indian Money or Tribal
accounts after September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain available
in this account for this purpose: Provided further, That the Secretary
shall not be required to reconcile Special Deposit Accounts with a
balance of less than $500 unless the Office of the Special Trustee
receives proof of ownership from a Special Deposit Accounts claimant:
Provided further, That notwithstanding section 102 of the American
Indian Trust Fund Management Reform Act of 1994 (Public Law 103-412) or
any other provision of law, the Secretary may aggregate the trust
accounts of individuals whose whereabouts are unknown for a continuous
period of at least five years and shall not be required to generate
periodic statements of performance for the individual accounts:
Provided further, That with respect to the ninth proviso, the Secretary
shall continue to maintain sufficient records to determine the balance
of the individual accounts, including any accrued interest and income,
and such funds shall remain available to the individual account
holders.
Of the unobligated balances from amounts made available for the
Office of the Special Trustee for American Indians, $3,000,000 is
permanently rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $952,338,000 (increased by $1,000,000) (increased by
$2,000,000), to remain available until expended, of which not to exceed
$18,427,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for repayment
of advances to other appropriation accounts from which funds were
previously transferred for such purposes: Provided further, That of
the funds provided $194,000,000 is for fuels management activities:
Provided further, That of the funds provided $20,470,000 (reduced by
$1) (increased by $1) is for burned area rehabilitation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d,
sums received by a bureau or office of the Department of the Interior
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels management
activities, and for training and monitoring associated with such fuels
management activities on Federal land, or on adjacent non-Federal land
for activities that benefit resources on Federal land: Provided
further, That the costs of implementing any cooperative agreement
between the Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties: Provided
further, That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of fuels management
activities, may obtain maximum practicable competition among: (1) local
private, nonprofit, or cooperative entities; (2) Youth Conservation
Corps crews, Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups; (3) small or
micro-businesses; or (4) other entities that will hire or train locally
a significant percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That in
implementing this section, the Secretary shall develop written guidance
to field units to ensure accountability and consistent application of
the authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the United
States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in connection with
wildland fire management activities: Provided further, That the
Secretary of the Interior may use wildland fire appropriations to enter
into leases of real property with local governments, at or below fair
market value, to construct capitalized improvements for fire facilities
on such leased properties, including but not limited to fire guard
stations, retardant stations, and other initial attack and fire support
facilities, and to make advance payments for any such lease or for
construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
Provided further, That of the funds provided under this heading,
$383,657,000 is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
In addition to the amounts provided under this heading for wildfire
suppression operations, $300,000,000, to remain available until
expended, is additional new budget authority as specified for purposes
of section 251(b)(2)(F) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided, That the Secretary of the
Interior may transfer such amounts to the Department of Agriculture for
wildfire suppression operations.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $13,010,000, to remain available until expended, of which
$3,000,000, notwithstanding any other provision of law, shall be for
analysis and initiation of radium decontamination and remediation at
any land-grant university that may have been subject to such
contamination as a result of actions of the former United States Bureau
of Mines.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $69,284,000
(reduced by $7,000,000), to remain available until expended: Provided,
That none of the funds appropriated in this Act or any other Act may be
used to establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment without
prior approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Secretary
may assess reasonable charges to State, local and tribal government
employees for training services provided by the National Indian Program
Training Center, other than training related to Public Law 93-638:
Provided further, That the Secretary may lease or otherwise provide
space and related facilities, equipment or professional services of the
National Indian Program Training Center to State, local and tribal
government employees or persons or organizations engaged in cultural,
educational, or recreational activities (as defined in section 3306(a)
of title 40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of the
National Indian Program Training Center: Provided further, That all
funds received pursuant to the two preceding provisos shall be credited
to this account, shall be available until expended, and shall be used
by the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$147,330,000, to remain available until September 30, 2021; of which
$50,651,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable erroneous
payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for emergency
actions related to potential or actual earthquakes, floods, volcanoes,
storms, or other unavoidable causes; for contingency planning
subsequent to actual oil spills; for response and natural resource
damage assessment activities related to actual oil spills or releases
of hazardous substances into the environment; for the prevention,
suppression, and control of actual or potential grasshopper and Mormon
cricket outbreaks on lands under the jurisdiction of the Secretary,
pursuant to the authority in section 417(b) of Public Law 106-224 (7
U.S.C. 7717(b)); for emergency reclamation projects under section 410
of Public Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and Enforcement,
such funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, with such reimbursement to
be credited to appropriations currently available at the time of
receipt thereof: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental appropriation, which
must be requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose. The Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer of any
funds under this section, including the amount expended or transferred
and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2020. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2020, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the
designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2020 shall be--
(1) $11,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $18,500 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $34,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2020. Fees for fiscal year 2020 shall be--
(1) $33,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $18,500 per inspection for rigs operating in water
depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
assessed for all inspections completed in fiscal year 2020. Fees for
fiscal year 2020 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under subsection
(b) quarterly, with payment required within 30 days of billing. The
Secretary shall bill designated operators under subsections (c) and (d)
within 30 days of the end of the month in which the inspection
occurred, with payment required within 30 days of billing.
disclosure of waivers
Sec. 108. (a) Subject to subsection (b), in any case in which the
Bureau of Safety and Environmental Enforcement or the Bureau of Ocean
Energy Management issues any waiver, departure, deviation, variance, or
any other alternative compliance authorization from any law, rule,
regulation, or other directive, the head of such bureau shall post a
copy of such waiver, departure, deviation, variance, or other
alternative compliance authorization on such bureau's publically
available website not more than 3 business days after such issuance.
(b) The head of each bureau may redact confidential business
information.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 111. Notwithstanding any other provision of law, during
fiscal year 2020, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
humane transfer of excess animals
Sec. 112. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or burros
that have been removed from the public lands to other Federal, State,
and local government agencies for use as work animals: Provided, That
the Secretary may make any such transfer immediately upon request of
such Federal, State, or local government agency: Provided further,
That any excess animal transferred under this provision shall lose its
status as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That any
Federal, State, or local government agency receiving excess wild horses
or burros as authorized in this section shall not: destroy the horses
or burros in a way that results in their destruction into commercial
products; sell or otherwise transfer the horses or burros in a way that
results in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the recommendation of a
licensed veterinarian, in cases of severe injury, illness, or advanced
age.
department of the interior experienced services program
Sec. 113. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code, is amended
by striking ``fiscal year 2019'' and inserting ``fiscal year 2020''.
republic of the marshall islands
Sec. 115. As authorized in section 111(d) of the Compact of Free
Association Act of 1985 (Public Law 99-239; 99 Stat. 1799; 48 U.S.C.
1911) and section 108(b) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108-188; 117 Stat. 2755; 48 U.S.C. 1921g),
$5,000,000 is hereby appropriated to the Secretary of the Interior, to
remain available until expended by the Secretary, for the Republic of
the Marshall Islands to deposit in the Compact Trust Fund of the
Republic of the Marshall Islands as compensation for adverse financial
and economic impacts resulting from the effect of title IV of the
Compact of Free Association Act of 1985 (Public Law 99-239; 99 Stat.
1799; 48 U.S.C. 1911) upon title II of the Compact.
obligation of funds
Sec. 116. Amounts appropriated by this Act to the Department of
the Interior shall be available for obligation and expenditure not
later than 60 days after the date of enactment of this Act.
restriction on use of funds
Sec. 117. Before the final 2019-2024 Outer Continental Shelf Oil
and Gas Leasing Program, or any plan that is dated later than 2017-
2022, is published in the Federal Register, none of the funds made
available to the Department of Interior by this or any other Act may be
used to conduct offshore oil and gas pre-leasing, leasing and related
activities for any lease sale proposed in the Draft Proposed Program
described in the ``Notice of Availability of the 2019-2024 Draft
Proposed Outer Continental Shelf Oil and Gas Leasing Program and Notice
of Intent to Prepare a Programmatic Environmental Impact Statement''
published in the Federal Register on January 8, 2018 (83 Fed. Reg.
829), unless such sale was also contained in the 2017-2022 Outer
Continental Shelf Oil and Gas Proposed Final Program described in the
``Notice of Availability of the 2017-2022 Outer Continental Shelf Oil
and Gas Leasing Proposed Final Program'' published in the Federal
Register on November 23, 2016 (81 Fed. Reg. 84612).
funding restriction
Sec. 118. None of the funds made available to the Department of
the Interior by this or any other Act may be used to conduct a lease
sale pursuant to section 20001(c)(1) of Public Law 115-97 which does
not contain a national minimum acceptable bid amount sufficient to
produce Federal receipts to the Treasury, net of any state share, of no
less than 50 percent of the amount required by section 2001(b) of H.
Con. Res. 71, the concurrent resolution on the budget for fiscal year
2018, as agreed to on October 26, 2017.
extension of authorities
Sec. 119. (a) Section 512 of title V of division J of Public Law
108-447 is amended by striking ``on the date that is 15 years after the
date that funds are first made available for this title.'' and
inserting ``after September 30, 2022.''.
(b) Section 608 of title VI of division J of Public Law 108-447 is
amended by striking ``the expiration of the 15-year period beginning on
the date that funds are first made available for this title.'' and
inserting ``September 30, 2022.''.
(c) Section 109 of title I of Public Law 103-449, as amended by
Public Law 111-11, title VIII section 8201(c), is further amended by
striking ``$15,000,000'' and inserting ``$17,000,000''.
(d) Section 608(a) of division II of Public Law 104-333, as amended
by Public Law 110-229 section 461, is further amended by striking
``$15,000,000'' and inserting ``$17,000,000''.
(e) Section 810(a)(1) of title VIII of division B of appendix D of
Public Law 106-554, as amended by Public Law 115-31, division G, title
I section 115(b), is further amended by striking ``$12,000,000'' and
inserting ``$14,000,000''.
separation of accounts
Sec. 120. The Secretary of the Interior, in order to implement an
orderly transition to separate accounts of the Bureau of Indian Affairs
and the Bureau of Indian Education, may transfer funds among and
between the successor offices and bureaus affected by the
reorganization only in conformance with the reprogramming guidelines
described in this Act.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $727,633,000 (reduced by $8,000,000) (increased by
$8,000,000), to remain available until September 30, 2021: Provided,
That of the funds included under this heading, $6,000,000 shall be for
Research: National Priorities as specified in the report accompanying
this Act.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$9,000 for official reception and representation expenses,
$2,707,704,000 (reduced by $2,000,000) (increased by $2,000,000)
(reduced by $3,000,000) (increased by $3,000,000) (increased by
$500,000) (reduced by $500,000) (increased by $25,000) (reduced by
$25,000) (reduced by $2,000,000) (increased by $2,000,000) (reduced by
$500,000) (increased by $500,000) (increased by $1,000,000), to remain
available until September 30, 2021: Provided, That of the funds
included under this heading, $17,700,000 shall be for Environmental
Protection: National Priorities as specified in the report accompanying
this Act. Provided further, That of the funds included under this
heading, $501,958,000 (reduced by $1) (increased by $1) shall be for
Geographic Programs specified in the report accompanying this Act.
In addition, $5,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2020 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2020 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2020, so as to result in a final fiscal year 2020
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $5,000,000, those amount in excess of $5,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2020, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $8,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2020, which shall remain
available until expended and be used for necessary expenses in this
appropriation, so as to result in a final fiscal year 2020
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent such offsetting collections
received in fiscal year 2020 exceed $8,000,000, those excess amounts
shall remain available until expended and be used for necessary
expenses in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$48,514,000, to remain available until September 30, 2021.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $39,553,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
hire, maintenance, and operation of aircraft, $1,214,648,000, to remain
available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2019, as authorized by section 517(a)
of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and
up to $1,214,648,000 (reduced by $1,000,000) (increased by $1,000,000)
as a payment from general revenues to the Hazardous Substance Superfund
for purposes as authorized by section 517(b) of SARA: Provided, That
funds appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $9,586,000
shall be paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2021, and $30,496,000 shall be
paid to the ``Science and Technology'' appropriation to remain
available until September 30, 2021.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $94,410,000, to remain available until expended, of which
$69,041,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $23,237,000, to
be derived from the Oil Spill Liability trust fund, to remain available
until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,620,992,000 (increased by $5,000,000) (reduced
by $5,000,000), to remain available until expended, of which--
(1) $1,784,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
$1,300,000,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452 of
the Safe Drinking Water Act: Provided, That for fiscal year
2020, to the extent there are sufficient eligible project
applications and projects are consistent with State Intended
Use Plans, not less than 10 percent of the funds made available
under this title to each State for Clean Water State Revolving
Fund capitalization grants shall be used by the State for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That for fiscal year 2020, funds
made available under this title to each State for Drinking
Water State Revolving Fund capitalization grants may, at the
discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year
2020 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or
were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided
further, That for fiscal year 2020, notwithstanding the
provisions of subsections (g)(1), (h), and (l) of section 201
of the Federal Water Pollution Control Act, grants made under
title II of such Act for American Samoa, Guam, the commonwealth
of the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2020, notwithstanding the provisions of such
subsections (g)(1), (h), and (l) of section 201 and section
518(c) of the Federal Water Pollution Control Act, funds
reserved by the Administrator for grants under section 518(c)
of the Federal Water Pollution Control Act may also be used to
provide assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2020, notwithstanding any provision of the Federal
Water Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds reserved by
the Administrator for grants under section 518(c) of such Act
may also be used for grants for training, technical assistance,
and educational programs relating to the operation and
management of the treatment works specified in section 518(c)
of such Act: Provided further, That for fiscal year 2020,
funds reserved under section 518(c) of such Act shall be
available for grants only to Indian tribes, as defined in
section 518(h) of such Act and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and
Native Villages as defined in Public Law 92-203: Provided
further, That for fiscal year 2020, notwithstanding the
limitation on amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i) of
the Safe Drinking Water Act, up to a total of 2 percent of the
funds appropriated, or $20,000,000, whichever is greater, for
State Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2020, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin
Islands: Provided further, That for fiscal year 2020,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of
the funds appropriated for the Drinking Water State Revolving
Fund programs under the Safe Drinking Water Act may be reserved
by the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 14
percent of the funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide additional subsidy
to eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such funds
are provided as initial financing for an eligible recipient or
to buy, refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after the date of enactment of this Act, or where such debt was
incurred prior to the date of enactment of this Act if the
State, with concurrence from the Administrator, determines that
such funds could be used to help address a threat to public
health from heightened exposure to lead in drinking water or if
a Federal or State emergency declaration has been issued due to
a threat to public health from heightened exposure to lead in a
municipal drinking water supply before the date of enactment of
this Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 14 percent of the funds made available under this title to
the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to eligible
recipients;
(2) $30,000,000 (increased by $10,000,000) (reduced by
$10,000,000) shall be for architectural, engineering, planning,
design, construction and related activities in connection with
the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border,
after consultation with the appropriate border commission:
Provided, That no funds provided by this appropriations Act to
address the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the United
States-Mexico border shall be made available to a county or
municipal government unless that government has established an
enforceable local ordinance, or other zoning rule, which
prevents in that jurisdiction the development or construction
of any additional colonia areas, or the development within an
existing colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other
necessary infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the United
States Department of Agriculture for all water, sewer, waste
disposal, and similar projects carried out by the State of
Alaska that are funded under section 221 of the Federal Water
Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which shall
allocate not less than 25 percent of the funds provided for
projects in regional hub communities;
(4) $105,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided further,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent or
more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses and
the most recent Small Area Income and Poverty Estimates, or any
territory or possession of the United States;
(5) $55,000,000 (increased by $5,000,000) (reduced by
$5,000,000) shall be for grants under title VII, subtitle G of
the Energy Policy Act of 2005;
(6) $30,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the report
accompanying this Act;
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322);
(8) $25,000,000 shall be for grants and other activities
under subsections (a) through (j) of section 1459A of the Safe
Drinking Water Act (42 U.S.C. 300j-19a));
(9) $25,000,000 shall be for grants and other activities
under section 1464(d) of the Safe Drinking Water Act (42 U.S.C.
300j-24(d));
(10) $20,000,000 (reduced by $5,000,000) (increased by
$5,000,000) shall be for grants under section 1459B of the Safe
Drinking Water Act (42 U.S.C. 300j-19b));
(11) $4,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(12) $13,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(13) $90,000,000 (reduced by $10,000,000) (increased by
$10,000,000) shall be for grants under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $1,000,000 shall be for grants under section 4304(b)
of America's Water Infrastructure Act of 2018 (Public Law 115-
270); and
(15) $1,114,992,000 (increased by $1,000,000) (reduced by
$1,000,000) shall be for grants, including associated program
support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution
control agencies for multi-media or single media pollution
prevention, control and abatement and related activities,
including activities pursuant to the provisions set forth under
this heading in Public Law 104-134, and for making grants under
section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities subject to terms and
conditions specified by the Administrator, of which:
$47,745,000 shall be for carrying out section 128 of CERCLA;
$9,646,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs;
$1,498,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, which shall be in
addition to funds appropriated under the heading ``Leaking
Underground Storage Tank Trust Fund Program'' to carry out the
provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code other than section 9003(h)
of the Solid Waste Disposal Act; $17,848,000 of the funds
available for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation in
national- and State-level statistical surveys of water
resources and enhancements to State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $45,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$5,490,000,000.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to
remain available until September 30, 2021.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 116-8, the Pesticide
Registration Improvement Extension Act of 2018.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2020.
The Administrator is authorized to transfer up to $320,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per
project.
For fiscal year 2020, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian
tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2020 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $4,000,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
The fourth paragraph under heading ``Administrative Provisions'' in
title II of Public Law 109-54 is amended by striking ``2020'' and
inserting ``2025''.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $875,000: Provided, That funds made
available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to
fund up to one administrative support staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $921,849,000 to remain available through September 30,
2021, for: (1) the base salary and expenses of permanent employees
carrying out administrative and general management support functions of
the Forest Service; (2) the costs of leases for buildings and sites
where such support functions take place; (3) the costs of utility and
telecommunication expenses, business services, and information
technology, including cybersecurity requirements; and (4) such other
administrative support function expenses necessary for the operation of
the Forest Service: Provided, That not to exceed $565,713,000 shall be
available for the base salaries and expenses described in paragraph
(1): Provided further, That any unobligated balances available to the
Forest Service from prior fiscal years for the purposes described under
this heading shall be transferred to and merged with this account:
Provided further, That any funding for the purposes described under
this heading that are authorized to be paid by permanent funds or trust
funds of the Forest Service shall be transferred to and merged with
this account: Provided further, That none of the funds provided to the
Forest Service under this Act (other than under this heading) may be
used to fund indirect expenses that before the date of the enactment of
this Act were provided for through discretionary cost pools.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $277,155,000, to remain available through September
30, 2023: Provided, That of the funds provided, $73,174,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, and conducting an
international program as authorized, $382,894,000 (increased by
$2,000,000) (reduced by $2,000,000), to remain available through
September 30, 2023, as authorized by law; of which $75,000,000 is to be
derived from the Land and Water Conservation Fund to be used for the
Forest Legacy Program, to remain available until expended.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,599,308,000 (reduced by $10,000,000)
(increased by $10,000,000) (increased by $1,000,000) (reduced by
$1,000,000) (increased by $3,000,000), to remain available through
September 30, 2023: Provided, That of the funds provided, $35,526,000
(reduced by $1,000,000) (increased by $1,000,000) shall be deposited in
the Collaborative Forest Landscape Restoration Fund for ecological
restoration treatments as authorized by 16 U.S.C. 7303(f): Provided
further, That of the funds provided, $276,603,000 shall be for forest
products: Provided further, That of the funds provided, $390,169,000
(increased by $3,000,000) shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to make
grants, using any authorities available to the Forest Service under the
``State and Private Forestry'' appropriation, for the purpose of
creating incentives for increased use of biomass from National Forest
System lands: Provided further, That $20,000,000 may be used by the
Secretary of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels
management activities, and for training or monitoring associated with
such hazardous fuels management activities on Federal land, or on non-
Federal land if the Secretary determines such activities benefit
resources on Federal land: Provided further, That funds made available
to implement the Community Forestry Restoration Act, Public Law 106-
393, title VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest Service under
the ``State and Private Forestry'' appropriations: Provided further,
That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act
(7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for
grazing on a National Grassland, may provide a credit of up to 50
percent of the calculated fee to a Grazing Association or direct
permittee for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the conservation
practice is incurred. And, that the amount credited shall remain
available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation
practices approved by the Secretary.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $419,103,000 (reduced by $1) (increased by $1), to remain
available through September 30, 2023, for construction, capital
improvement, maintenance and acquisition of buildings and other
facilities and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation system, and
maintenance of forest roads and trails by the Forest Service as
authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided,
That funds becoming available in fiscal year 2020 under the Act of
March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund
of the Treasury and shall not be available for transfer or obligation
for any other purpose unless the funds are appropriated.
land acquisition
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $90,000,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $700,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2022, (16
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591;
and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2023, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2023, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$2,500,000, to remain available through September 30, 2023.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $2,009,545,000 (increased by
$2,000,000), to remain available through September 30, 2023: Provided,
That such funds including unobligated balances under this heading, are
available for repayment of advances from other appropriations accounts
previously transferred for such purposes: Provided further, That any
unobligated funds appropriated in a previous fiscal year for hazardous
fuels management may be transferred to the ``National Forest System''
account: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire emergencies are
fully repaid by the responsible emergency management agency: Provided
further, That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That of the funds provided under this
heading, $1,011,000,000 shall be available for wildfire suppression
operations, and is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
In addition to the amounts provided under this heading for
wildfire suppression operations, $1,950,000,000, to remain available
until expended, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That the Secretary of
Agriculture may transfer such amounts to the Department of Interior for
wildfire suppression operations.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management, hazardous
fuels management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States,
private, and international organizations. The Forest Service, acting
for the International Program, may sign direct funding agreements with
foreign governments and institutions as well as other domestic agencies
(including the United States Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), United
States private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center and the Department of Agriculture's
International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match funds made available by the Forest
Service on at least a one-for-one basis: Provided further, That the
Foundation may transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Funds appropriated to the Forest Service shall not be available for
the destruction of healthy, unadopted, wild horses and burros in the
care of the Forest Service or its contractors or for the sale of wild
horses and burros that results in their destruction for processing into
commercial products.
Notwithstanding any other provision of law, of any appropriations
or funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil litigation. Future
budget justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through the Office
of Budget and Program Analysis, the Forest Service shall report no
later than 30 business days following the close of each fiscal quarter
all current and prior year unobligated balances, by fiscal year, budget
line item and account, to the House and Senate Committees on
Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$4,556,870,000 (increased by $1,000,000) (increased by $35,000,000)
(reduced by $35,000,000), to remain available until September 30, 2021,
except as otherwise provided herein, together with payments received
during the fiscal year pursuant to sections 231(b) and 233 of the
Public Health Service Act (42 U.S.C. 238(b) and 238b), for services
furnished by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through contracts, grant
agreements, or any other agreements or compacts authorized by the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), shall be deemed to be obligated at the time of the grant
or contract award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided further,
That $2,000,000 shall be available for grants or contracts with public
or private institutions to provide alcohol or drug treatment services
to Indians, including alcohol detoxification services: Provided
further, That $969,479,000 for Purchased/Referred Care, including
$53,000,000 for the Indian Catastrophic Health Emergency Fund, shall
remain available until expended: Provided further, That of the funds
provided, up to $50,000,000 shall remain available until expended for
implementation of the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That of the
funds provided, $53,000,000 shall remain available until expended to
supplement funds available for operational costs at tribal clinics
operated under an Indian Self-Determination and Education Assistance
Act compact or contract where health care is delivered in space
acquired through a full service lease, which is not eligible for
maintenance and improvement and equipment funds from the Indian Health
Service, and $58,000,000 shall be for costs related to or resulting
from accreditation emergencies, including supplementing activities
funded under the heading ``Indian Health Facilities,'' of which up to
$4,000,000 may be used to supplement amounts otherwise available for
Purchased/Referred Care: Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and 108 of the
Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during
the preceding fiscal year for breach of contracts shall be deposited to
the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided
further, That the amounts made available within this account for the
Substance Abuse and Suicide Prevention Program, for Opioid Prevention,
Treatment and Recovery Services, for the Domestic Violence Prevention
Program, for the Zero Suicide Initiative, for the housing subsidy
authority for civilian employees, for Aftercare Pilot Programs at Youth
Regional Treatment Centers, for transformation and modernization costs
of the Indian Health Service Electronic Health Record system, for
national quality and oversight activities, for initiatives to treat or
reduce the transmission of Hepatitis-C and HIV-AIDS or both in high
priority areas, to improve collections from public and private
insurance at Indian Health Service and tribally operated facilities,
and for accreditation emergencies shall be allocated at the discretion
of the Director of the Indian Health Service and shall remain available
until expended: Provided further, That funds provided in this Act may
be used for annual contracts and grants that fall within 2 fiscal
years, provided the total obligation is recorded in the year the funds
are appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
available until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII and XIX of
the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available
until expended: Provided further, That amounts received by tribes and
tribal organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and available to
the receiving tribes and tribal organizations until expended: Provided
further, That the Bureau of Indian Affairs may collect from the Indian
Health Service, and from tribes and tribal organizations operating
health facilities pursuant to Public Law 93-638, such individually
identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.):
Provided further, That of the funds provided, $72,280,000 is for the
Indian Health Care Improvement Fund and may be used, as needed, to
carry out activities typically funded under the Indian Health
Facilities account; Provided further, That none of the funds
appropriated by this Act to the Indian Health Service for the
Electronic Health Record system shall be available for obligation or
expenditure for the selection or implementation of a new Information
Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate are
consulted 90 days in advance of such obligation.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2020, such sums as may be necessary: Provided, That
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, demolition, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications, and
drawings; acquisition of sites, purchase and erection of modular
buildings, and purchases of trailers; and for provision of domestic and
community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act, and for
expenses necessary to carry out such Acts and titles II and III of the
Public Health Service Act with respect to environmental health and
facilities support activities of the Indian Health Service,
$964,121,000 (reduced by $7,000,000) (increased by $7,000,000), to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further,
That none of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department of
Housing and Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation Facilities
Act and Public Law 93-638: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation:
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless identified in the
budget justification and provided in this Act, or approved by the House
and Senate Committees on Appropriations through the reprogramming
process: Provided further, That notwithstanding any other provision of
law, funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized by
title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or a self-
governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and enacted
into law: Provided further, That with respect to functions transferred
by the Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were originally
derived, with such amounts to remain available until expended:
Provided further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service will
contain total costs, including direct, administrative, and overhead
costs associated with the provision of goods, services, or technical
assistance: Provided further, That the Indian Health Service may
provide to civilian medical personnel serving in hospitals operated by
the Indian Health Service housing allowances equivalent to those that
would be provided to members of the Commissioned Corps of the United
States Public Health Service serving in similar positions at such
hospitals: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $80,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $79,691,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2020, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $2,994,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$12,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,500,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public
Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $10,850,000, which shall
become available on July 1, 2020, and shall remain available until
September 30, 2021.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $852,345,000, to remain available until September 30, 2021,
except as otherwise provided herein; of which not to exceed $6,908,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, and the repatriation of skeletal remains program shall
remain available until expended; and including such funds as may be
necessary to support American overseas research centers: Provided,
That funds appropriated herein are available for advance payments to
independent contractors performing research services or participating
in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $219,000,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $147,022,000, to remain available until September 30, 2021, of
which not to exceed $3,660,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $34,603,000,
to remain available until expended: Provided, That of this amount,
$1,000,000 shall be available for design of an off-site art storage
facility in partnership with the Smithsonian Institution: Provided
further, That contracts awarded for environmental systems, protection
systems, and exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $25,690,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $17,800,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$14,000,000, to remain available until September 30, 2021.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $167,500,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $167,500,000 to remain available
until expended, of which $152,500,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $15,000,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $13,000,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,282,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $5,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $7,388,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,124,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $61,388,000, of which
$715,000 shall remain available until September 30, 2022, for the
Museum's equipment replacement program; and of which $3,000,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291),
for necessary expenses of the World War I Centennial Commission,
$6,000,000, to remain available until September 30, 2021: Provided,
That in addition to the authority provided by section 6(g) of such Act,
the World War I Commission may accept money, in-kind personnel
services, contractual support, or any appropriate support from any
executive branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2021, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2020.
contract support costs, fiscal year 2020 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2020 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2020
with the Bureau of Indian Affairs, Bureau of Indian Education, and the
Indian Health Service: Provided, That such amounts provided by this
Act are not available for payment of claims for contract support costs
for prior years, or for repayments of payments for settlements or
judgments awarding contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
contracting authorities
Sec. 415. Section 412 of Division E of Public Law 112-74 is
amended by striking ``fiscal year 2020'' and inserting ``fiscal year
2021''.
extension of grazing permits
Sec. 416. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752),
shall remain in effect for fiscal year 2020.
funding prohibition
Sec. 417. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
forest service facility realignment and enhancement act
Sec. 418. Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public
Law 109-54) is amended by striking ``2019'' and inserting ``2020''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
john f. kennedy center reauthorization
Sec. 420. Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance, Repair, and Security.--There is authorized to be
appropriated to the Board to carry out section 4(a)(1)(H), $25,690,000
for fiscal year 2020.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$17,800,000 for fiscal year 2020.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 421. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments,
rural fire departments, rangeland fire protection associations, and
similar organizations to provide for wildland fire training and
equipment, including supplies and communication devices.
Notwithstanding 121(c) of title 40, United States Code, or section 521
of title 40, United States Code, the Secretary is further authorized to
transfer title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the
Department's wildland fire management program to such organizations.
recreation fees
Sec. 422. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) is amended by striking ``September 30, 2019'' and
inserting ``September 30, 2021''.
reprogramming procedures, disclosure of administrative expenses, and
operating plans
Sec. 423. (a) Definitions.--For the purposes of this section:
(1) ``Reprogramming'' includes:
(A) The reallocation of funds from one program,
project, or activity, to another within any
appropriation funded in this Act.
(B) For construction, land acquisition, and forest
legacy accounts, the reallocation of funds, including
unobligated balances, from one construction, land
acquisition, or forest legacy project to another such
project.
(C) An operating plan or any later modification
thereof submitted under subsection (i) of this section.
(D) Proposed reorganizations even without a change
in funding, including any change to the organization
table presented in the budget justification.
(2) ``Program'', ``project'', and ``activity'' constitute
the delineation below the appropriation account level of any
agency funded by this Act, as shown in any table of the report
accompanying this Act.
(3) ``Funds'' includes funds provided in this Act or
previous appropriations Acts that are available for obligation
in the current fiscal year and any amounts available for
obligation in the current fiscal year derived from collections,
fees or charges.
(4) ``Assessment'' is any overhead charge, deduction,
reserve or holdback, including working capital fund and cost
pool charges, from any program, project, and activity to
support government-wide, departmental, agency, or bureau
administrative functions or headquarters, regional, or central
operations or to provide for contingencies.
(b) General Guidelines for Reprogramming.--
(1) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the project
or the activity until the next appropriation year would result
in actual loss or damage.
(2) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the regular
appropriations process.
(3) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by the Congress, or
to decrease allocations specifically increased by the Congress.
(4) New programs requested in the budget should not be
initiated before enactment of the bill without notification to,
and the approval of, the Committees on Appropriations of the
House of Representatives and the Senate (hereinafter ``the
Committees''). This restriction applies to all such actions
regardless of whether a formal reprogramming of funds is
required to begin the program.
(c) Criteria.--
(1) A reprogramming shall be submitted to the Committees in
writing 30 days prior to implementation if--
(A) it exceeds $1,000,000 individually or
cumulatively or results in a cumulative increase or
decrease of more than 10 percent of funds annually in
any affected program, project, or activity;
(B) it is a reorganization; or
(C) it is an operating plan or any later
modification thereof as submitted under subsection (i)
of this section: Provided, That such plan or
modification thereof also meets any of the other
criteria under subsection (c)(1) of this section.
(2) No funds shall be available for obligation or
expenditure through a reprogramming until 30 days after the
receipt by the Committees of a notice of proposed
reprogramming.
(3) A reprogramming shall be considered approved 30 days
after receipt if the Committees have posed no objection.
However, agencies shall not implement the reprogramming and
shall extend the notification period if specifically requested
by either Committee.
(d) Exceptions.--
(1) With regard to the tribal priority allocations of the
Bureau of Indian Affairs, there is no restriction on
reprogrammings among these programs. However, the Bureau shall
report on all reprogrammings made during a given fiscal year no
later than 60 days after the end of the fiscal year.
(2) With regard to the Environmental Protection Agency,
State and Tribal Assistance Grants account, the Committees do
not require reprogramming requests associated with States and
Tribal Partnership Grants.
(3) With regard to funding for Park Management
subactivities within the National Park Service Operations of
the National Park System account, reprogramming guidelines
apply at the activity level, not the more detailed level as
shown in the Committee report. The National Park Service shall
report on actual spending at the more detailed level no later
than 60 days after the end of the fiscal year and show its
impact on the succeeding year budget at the more detailed level
in the budget justification submitted to the Congress in the
subsequent fiscal year for the purpose of updating the
Committee support table.
(e) Assessments.--
(1) No assessment shall be levied or collected unless such
assessment and the basis therefor are presented to the
Committees in the budget justifications and are subsequently
approved by the Committees. The explanation for any assessment
in the budget justification shall show the amount of the
assessment, the activities assessed, and the purpose of the
funds.
(2) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications, shall
be submitted through the reprogramming process set out in this
section and shall be subject to the same dollar and reporting
criteria as any other reprogramming.
(3) Each department, agency or bureau that utilizes
assessments shall submit an annual report to the Committees
which provides details on the use of all funds assessed from
any other program, project, or activity.
(4) In no case shall contingency funds or assessments be
used to finance agency actions disapproved or limited by the
Congress.
(f) Land Acquisitions, Easements, and Forest Legacy.--Lands shall
not be acquired for more than the approved appraised value (as
addressed in section 301(3) of Public Law 91-646), unless such
acquisitions are submitted to the Committees for approval in compliance
with these procedures.
(g) Land Exchanges.--Land exchanges, wherein the estimated value of
the Federal lands to be exchanged is greater than $1,000,000, shall not
be consummated until the Committees have had a 30-day period in which
to examine the proposed exchange. In addition, the Committees shall be
provided advance notification of exchanges valued between $500,000 and
$1,000,000.
(h) Budget Structure.--The program, project, and activity structure
for any agency appropriation account shall not be altered without
advance approval of the Committees.
(i) Operating Plans.--Not later than 60 days after the date of
enactment of this Act, each department or agency funded by this Act
shall submit an operating plan to the Committees to establish the
baseline for application of reprogramming for the current fiscal year.
The operating plan shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
the Congress, enacted rescissions, if appropriate, and the
fiscal year enacted level;
(2) a delineation in the table for each appropriation by
program, project, and activity for the respective
appropriation; and
(3) an identification of items of special congressional
interest.
project information
Sec. 424. (a) Not later than April 1, 2020, and each April 1
thereafter, the Secretary of the Interior and the Secretary of
Agriculture shall submit to the Committees on Appropriations of the
House of Representatives and the Senate prioritized and detailed lists
of federal land acquisition projects, and Forest Legacy projects, which
could be executed within the three fiscal years beginning with the
fiscal year after the date upon which the lists are submitted.
(b) The federal land acquisition project lists required by
subsection (a) shall include projects for the National Park Service,
the United States Fish and Wildlife Service, the Bureau of Land
Management, and the United States Forest Service, including
recreational public access projects as required by 54 U.S.C. 200306,
and shall total for each agency no less than 150 percent of the amount
enacted for that agency for the previous fiscal year.
Sec. 425. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
Sec. 426. Any reference to a ``report accompanying this Act''
contained in this division shall be treated as a reference to House
Report 116-100. The effect of such Report shall be limited to this
division and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, this division.
Sec. 427. None of the funds made available by this Act may be used
for the transfer of jurisdiction over border lands pursuant to
Presidential Proclamation 9844 (Feb. 15, 2019).
Sec. 428. None of the funds made available by this Act may be used
to implement Executive Order No. 13817 (82 Fed. Reg. 60835) with
respect to uranium.
Sec. 429. None of the funds made available by this Act may be used
to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
seq, or to offer for oil and gas leasing, any federal lands within the
withdrawal area identified on the map of the Chaco Culture National
Historical Park prepared by the Bureau of Land Management and dated
April 2, 2019.
Sec. 430. None of the funds made available to the National Park
Service by this Act may be used to increase the generation of water
bottle waste.
Sec. 431. None of the funds made available to the National Park
Service by this Act may be used for the purchase or display of a
Confederate flag with the exception of specific circumstances where the
flags provide historical context as described in the National Park
Service memorandum entitled ``Immediate Action Required, No Reply
Needed: Confederate Flags'' and dated June 24, 2015.
Sec. 432. None of the funds made available by this Act may be used
to issue a proposed or final rule to replace the Consolidated Federal
Oil & Gas and Federal & Indian Coal Valuation Reform final rule,
published in the Federal Register on July 1, 2016 (81 Fed. Reg. 43338).
Sec. 433. No funds made available by this Act may be used to
finalize, implement, or enforce the proposed rule entitled ``Review of
Standards of Performance for Greenhouse Gas Emissions From New,
Modified, and Reconstructed Stationary Sources: Electric Utility
Generating Units'' published in the Federal Register by the
Environmental Protection Agency on December 20, 2018 (83 Fed. Reg.
65424).
Sec. 434. None of the funds made available by this Act may be used
to close or relocate any office of the Environmental Protection Agency
that houses emergency responders or a criminal investigation unit.
Sec. 435. None of the funds made available by this Act may be used
for a Department of the Interior Executive Resources Board whose voting
members are comprised of less than 50 percent career Senior Executive
Service members.
Sec. 436. None of the funds made available by this Act to the
United States Geological Survey may be used to limit the use of climate
modeling tools.
Sec. 437. None of the funds made available by this Act may be used
to close or relocate any EPA offices in regions that contain one or
more designated Sulfur Dioxide (2010) Nonattainment Areas.
Sec. 438. None of the funds made available by this Act may be used
by the Department of the Interior to conduct offshore oil and gas
leasing, preleasing, or related activities in the Outer Continental
Shelf Planning Areas for the South Atlantic, the Straits of Florida,
and the areas of the Central and Eastern Gulf of Mexico described by
section 104(a) of the Gulf of Mexico Energy Security Act of 2006
(Public Law 109-432).
Sec. 439. None of the funds made available by this Act may be used
by the Department of the Interior to conduct oil and gas leasing,
preleasing, or related activities in the North Atlantic, Mid-Atlantic,
or the South Atlantic Outer Continental Shelf Planning Areas.
Sec. 440. None of the funds made available by this Act may be used
to issue a permit for the import of a sport-hunted trophy of an
elephant or lion taken in Tanzania, Zimbabwe, or Zambia. The limitation
described in this section shall not apply in the case of the
administration of a tax or tariff.
Sec. 441. None of the funds made available by this Act may be used
to plan, design, study, or construct, for the purpose of harvesting
timber by private entities or individuals, a forest development road in
the Tongass National Forest.
Sec. 442. None of the funds made available by this Act may be
used--
(1) to conduct or authorize any person to conduct
geological or geophysical exploration for oil or gas, pursuant
to section 11(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1340(a)), in any area located in the Atlantic Region
Outer Continental Shelf Planning Areas, as such planning areas
are defined in the 2017-2022 Outer Continental Shelf Oil and
Gas Proposed Final Program described in the notice entitled
``Notice of Availability of the 2017-2022 Outer Continental
Shelf Oil and Gas Leasing Proposed Final Program,'' published
by the Department of the Interior in the Federal Register on
November 23, 2018 (81 Fed. Reg. 84,612); or
(2) to prepare or supplement an Environmental Impact
Statement or Environmental Assessment, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
its associated regulations, for any such exploration.
Sec. 443. None of the funds made available by this Act may be used
by the Department of the Interior to conduct oil and gas leasing,
preleasing, or related activities in the Washington/Oregon, Northern
California, Central California, and Southern California Outer
Continental Shelf Planning Areas.
Sec. 444. None of the funds made available by this Act may be used
to finalize the proposed revised supplemental ``appropriate and
necessary'' finding in the proposed rule entitled ``National Emission
Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric
Utility Steam Generating Units--Reconsideration of Supplemental Finding
and Residual Risk and Technology Review'' published by the
Environmental Protection Agency in the Federal Register on February 7,
2019 (84 Fed. Reg. 2670).
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2020''.
DIVISION D--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,132,499,000 (reduced by
$37,000,000) (increased by $37,000,000) (reduced by $1) (increased by
$1), to remain available until September 30, 2024: Provided, That, of
this amount, not to exceed $136,099,000 shall be available for study,
planning, design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the Army
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $2,205,771,000, to remain available until September 30,
2024: Provided, That, of this amount, not to exceed $178,715,000
(increased by $1,000,000) (reduced by $1,000,000) shall be available
for study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,588,730,000 (reduced by $1) (increased by $1) (reduced by
$7,000,000) (increased by $7,000,000), to remain available until
September 30, 2024: Provided, That, of this amount, not to exceed
$153,148,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,025,799,000, to remain available until September 30, 2024: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further, That, of
the amount, not to exceed $252,355,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $210,819,000, to remain available until September
30, 2024: Provided, That, of the amount, not to exceed $20,469,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the
Army National Guard determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $115,971,000, to remain available until September
30, 2024: Provided, That, of the amount, not to exceed $17,000,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the Air
National Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $60,928,000
(reduced by $7,000,000) (increased by $7,000,000), to remain available
until September 30, 2024: Provided, That, of the amount, not to exceed
$6,000,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Chief
of the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $54,955,000, to remain available until September
30, 2024: Provided, That, of the amount, not to exceed $4,780,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $59,750,000, to
remain available until September 30, 2024: Provided, That, of the
amount, not to exceed $4,604,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $172,005,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $398,526,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $141,372,000, to remain available
until September 30, 2024.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $407,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $47,661,000, to remain
available until September 30, 2024.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $377,470,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $103,631,000, to remain available
until September 30, 2024.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $326,216,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $57,000,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$3,045,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $500,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military unaccompanied housing and supporting
facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided, That
this section shall not be applicable to contract awards for which the
lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the
fund to which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $15,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2024:
``Military Construction, Army'', $79,500,000;
``Military Construction, Navy and Marine Corps'',
$546,800,000;
``Military Construction, Air Force'', $230,400,000;
``Military Construction, Army National Guard'',
$155,000,000;
``Military Construction, Air National Guard'', $57,000,000;
and
``Military Construction, Air Force Reserve'', $24,800,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2020 submitted to
Congress: Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to carry out
construction: Provided further, That not later than 30 days after
enactment of this Act, the Secretary of the military department
concerned, or his or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
(rescission of funds)
Sec. 125. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are
hereby rescinded from the following accounts in the amounts specified:
``Military Construction, Defense-Wide'', $45,055,000.
Sec. 126. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 127. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of Defense--
Military Construction, Navy and Marine Corps'', ``Department of
Defense--Military Construction, Air Force'', and ``Department of
Defense--Military Construction, Defense-Wide'' accounts pursuant to the
authorization of appropriations in a National Defense Authorization Act
specified for fiscal year 2020 in the funding table in section 4601 of
that Act shall be immediately available and allotted to contract for
the full scope of authorized projects.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$116,801,316,000, shall become available on October 1, 2020: Provided,
That not to exceed $18,147,000 of the amount made available for fiscal
year 2021 under this heading shall be reimbursed to ``General Operating
Expenses, Veterans Benefits Administration'', and ``Information
Technology Systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United States Code,
the funding source for which is specifically provided as the
``Compensation and Pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical Care Collections Fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$12,578,965,000, to remain available until expended and to become
available on October 1, 2020: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $17,620,000, to remain available until
expended, which shall be in addition to funds previously appropriated
under this heading that become available on October 1, 2019; and in
addition, $129,224,000, to remain available until expended, which shall
become available on October 1, 2020.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2020, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $200,377,391.
vocational rehabilitation loans program account
For the cost of direct loans, $57,729, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,008,232.
In addition, for administrative expenses necessary to carry out the
direct loan program, $401,880, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,186,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $3,025,000,000 (reduced
by $1,000,000) (increased by $1,000,000) (increased by $1) (reduced by
$1): Provided, That expenses for services and assistance authorized
under paragraphs (1), (2), (5), and (11) of section 3104(a) of title
38, United States Code, that the Secretary of Veterans Affairs
determines are necessary to enable entitled veterans: (1) to the
maximum extent feasible, to become employable and to obtain and
maintain suitable employment; or (2) to achieve maximum independence in
daily living, shall be charged to this account: Provided further, That,
of the funds made available under this heading, not to exceed 10
percent shall remain available until September 30, 2021.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and support
services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance
allowances authorized by section 322(d) of title 38, United States
Code, grants authorized by section 521A of title 38, United States
Code, and administrative expenses necessary to carry out sections
322(d) and 521A of title 38, United States Code, and hospital care and
medical services authorized by section 1787 of title 38, United States
Code; $169,160,000 (increased by $1,000,000) (increased by $5,000,000)
(reduced by $1,000,000) (increased by $1,000,000) (increased by
$5,000,000) (reduced by $1,000,000) (increased by $1,000,000)
(increased by $1,500,000) (reduced by $5,000,000) (increased by
$5,000,000) (increased by $3,000,000) (increased by $1,000,000)
(increased by $2,000,000) (increased by $1,700,000), which shall be in
addition to funds previously appropriated under this heading that
become available on October 1, 2019; and, in addition, $56,158,015,000
(reduced by $1,000,000) (increased by $1,000,000) (reduced by
$1,000,000) (increased by $1,000,000), plus reimbursements, shall
become available on October 1, 2020, and shall remain available until
September 30, 2021: Provided, That, of the amount made available on
October 1, 2020, under this heading, $1,500,000,000 shall remain
available until September 30, 2022: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established
by the Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no additional
cost to the Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading for medical supplies and equipment are
available for the acquisition of prosthetics designed specifically for
female veterans: Provided further, That of the amount made available on
October 1, 2019, under this heading, not less than $581,514,000
(increased by $3,000,000) (reduced by $3,000,000) (increased by
$1,700,000) shall be for gender-specific care for women as described in
the report accompanying this Act.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,521,400,000 (reduced by $5,000,000)
(increased by $1) (reduced by $1), which shall be in addition to funds
previously appropriated under this heading that become available on
October 1, 2019; and, in addition, $17,131,179,000, plus
reimbursements, shall become available on October 1, 2020, and shall
remain available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$2,000,000,000 shall remain available until September 30, 2022.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$98,800,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2019; and, in addition, $7,914,191,000, plus reimbursements, shall
become available on October 1, 2020, and shall remain available until
September 30, 2021: Provided, That, of the amount made available on
October 1, 2020, under this heading, $150,000,000 shall remain
available until September 30, 2022.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $20,000,000 (reduced by
$10,000,000) (increased by $10,000,000) (increased by $5,000,000),
which shall be in addition to funds previously appropriated under this
heading that become available on October 1, 2019; and, in addition,
$6,433,265,000, plus reimbursements, shall become available on October
1, 2020, and shall remain available until September 30, 2021: Provided,
That, of the amount made available on October 1, 2020, under this
heading, $250,000,000 shall remain available until September 30, 2022.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $840,000,000, plus reimbursements, shall
remain available until September 30, 2021.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $329,000,000, of which not to exceed 10
percent shall remain available until September 30, 2021.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $369,200,000 (reduced by $1,000,000)
(increased by $1,000,000) (reduced by $1,000,000) (reduced by
$6,500,000) (reduced by $1,500,000) (reduced by $1,700,000), of which
not to exceed 10 percent shall remain available until September 30,
2021: Provided, That funds provided under this heading may be
transferred to ``General Operating Expenses, Veterans Benefits
Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$182,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2021.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$4,343,000,000 (reduced by $3,500,000) (reduced by $1,000,000) (reduced
by $2,000,000) (reduced by $5,200,000), plus reimbursements: Provided,
That $1,204,238,000 shall be for pay and associated costs, of which not
to exceed 3 percent shall remain available until September 30, 2021:
Provided further, That $2,737,482,000 (reduced by $3,500,000) (reduced
by $1,000,000) (reduced by $2,000,000) (reduced by $5,200,000) shall be
for operations and maintenance, of which not to exceed 5 percent shall
remain available until September 30, 2021: Provided further, That
$401,280,000 shall be for information technology systems development,
and shall remain available until September 30, 2021: Provided further,
That amounts made available for salaries and expenses, operations and
maintenance, and information technology systems development may be
transferred among the three subaccounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued: Provided further, That amounts made available for the
``Information Technology Systems'' account for development may be
transferred among projects or to newly defined projects: Provided
further, That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the Committees on
Appropriations of both Houses of Congress to make the transfer and an
approval is issued, or absent a response, a period of 30 days has
elapsed: Provided further, That the funds made available under this
heading for information technology systems development shall be for the
projects, and in the amounts, specified under this heading in the
report accompanying this Act.
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans
Electronic Health Record system, including contractual costs associated
with operations authorized by section 3109 of title 5, United States
Code, and salaries and expenses of employees hired under titles 5 and
38, United States Code, $1,603,000,000, to remain available until
September 30, 2022: Provided, That the Secretary of Veterans Affairs
shall submit to the Committees on Appropriations of both Houses of
Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility: Provided further, That the funds
provided in this account shall only be available to the Office of the
Deputy Secretary, to be administered by that Office: Provided further,
That none of the funds made available under this heading may be
obligated in a manner inconsistent with deployment schedules provided
to the Committees on Appropriations unless the Secretary of Veterans
Affairs provides notification to the Committees on Appropriations of
such change and an approval is issued.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $222,000,000 (increased
by $1,000,000) (reduced by $1,000,000), of which not to exceed 10
percent shall remain available until September 30, 2021.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,235,200,000, of which
$1,036,600,000 (increased by $39,732,000) (reduced by $39,732,000)
shall remain available until September 30, 2024, and of which
$198,600,000 shall remain available until expended, of which
$35,000,000 shall be available for seismic improvement projects and
seismic program management activities, including for projects that
would otherwise be funded by the Construction, Minor Projects, Medical
Facilities or National Cemetery Administration accounts: Provided, That
except for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other capital
asset management related activities, including portfolio development
and management activities, and investment strategy studies funded
through the advance planning fund and the planning and design
activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and funds provided
for the purchase, security, and maintenance of land for the National
Cemetery Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for any
project that has not been notified to Congress through the budgetary
process or that has not been approved by the Congress through statute,
joint resolution, or in the explanatory statement accompanying such Act
and presented to the President at the time of enrollment: Provided
further, That such sums as may be necessary shall be available to
reimburse the ``General Administration'' account for payment of
salaries and expenses of all Office of Construction and Facilities
Management employees to support the full range of capital
infrastructure services provided, including minor construction and
leasing services: Provided further, That funds made available under
this heading for fiscal year 2020, for each approved project shall be
obligated: (1) by the awarding of a construction documents contract by
September 30, 2020; and (2) by the awarding of a construction contract
by September 30, 2021: Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on Appropriations of
both Houses of Congress a written report on any approved major
construction project for which obligations are not incurred within the
time limitations established above: Provided further, That
notwithstanding the requirements of section 8104(a) of title 38, United
States Code, amounts made available under this heading for seismic
improvement projects and seismic program management activities shall be
available for the completion of both new and existing seismic projects
of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$421,117,000, to remain available until September 30, 2024, along with
unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $150,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2020 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2020, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers among
the ``Medical Services'', ``Medical Community Care'', and ``Medical
Support and Compliance'' accounts in excess of 1 percent, or exceeding
the cumulative 1 percent for the fiscal year, may take place only after
the Secretary requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an approval
is issued: Provided further, That any transfers to or from the
``Medical Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2019.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2020, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2020 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2020 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, the Office of Employment
Discrimination Complaint Adjudication, and the Office of Diversity and
Inclusion for all services provided at rates which will recover actual
costs but not to exceed $57,263,000 for the Office of Resolution
Management, $6,000,000 for the Office of Employment Discrimination
Complaint Adjudication, and $4,628,000 for the Office of Diversity and
Inclusion: Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further, That
amounts received shall be credited to the ``General Administration''
and ``Information Technology Systems'' accounts for use by the office
that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided further,
That any amounts so recovered for care or services provided in a prior
fiscal year may be obligated by the Secretary during the fiscal year in
which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian tribes and tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2020 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2020 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $314,409,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 220 of title II of division C
of Public Law 115-244 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2020, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $322,931,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund
shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
Sec. 223. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 224. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 225. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number
of appeals pending at the Veterans Benefits Administration as well as
the Board of Veterans Appeals on a quarterly basis.
Sec. 226. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 227. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $1,000,000.
(including transfer of funds)
Sec. 228. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2020 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2020, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That, upon
determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 229. Amounts made available for the Department of Veterans
Affairs for fiscal year 2020, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
Sec. 230. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 231. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38,
United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum,
or other action by the President; and
(ii) any agency policy, order, or other directive.
Sec. 232. None of the funds in this or any other Act may be used
to close Department of Veterans Affairs (VA) hospitals, domiciliaries,
or clinics, conduct an environmental assessment, or to diminish
healthcare services at existing Veterans Health Administration medical
facilities located in Veterans Integrated Service Network 23 as part of
a planned realignment of VA services until the Secretary provides to
the Committees on Appropriations of both Houses of Congress a report
including the following elements--
(1) a national realignment strategy that includes a
detailed description of realignment plans within each Veterans
Integrated Services Network (VISN), including an updated Long
Range Capital Plan to implement realignment requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other outsourced
services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings' condition
and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation Act;
and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in
VISN 23, or any other VISN, which have been authorized or
approved by Congress.
Sec. 233. Effective during the period beginning on October 1, 2018
and ending on January 1, 2024, none of the funds made available to the
Secretary of Veterans Affairs by this or any other Act may be obligated
or expended in contravention of the ``Veterans Health Administration
Clinical Preventive Services Guidance Statement on the Veterans Health
Administration's Screening for Breast Cancer Guidance'' published on
May 10, 2017, as issued by the Veterans Health Administration National
Center for Health Promotion and Disease Prevention.
Sec. 234. (a) Chapter 17 of title 38, United States Code, is
amended by inserting after section 1720I the following new section:
``Sec. 1720J. Provision of assisted reproductive technology or adoption
reimbursements for certain disabled veterans
``(a) Provision of Services.--Subject to the availability of
appropriations, the Secretary may provide--
``(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
``(2) adoption reimbursement to a covered veteran.
``(b) Limitations.--Amounts made available for the purposes
specified in subsection (a) are subject to the requirements for funds
contained in section 508 of division H of the Consolidated
Appropriations Act, 2017 (Public Law 115-31).
``(c) Definitions.--In this section:
``(1) The term `adoption reimbursement' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this section under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in
Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction, as in effect on the date of the enactment of this
section.
``(2) The term `assisted reproductive technology' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, as described in the memorandum on the subject of
`Policy for Assisted Reproductive Services for the Benefit of
Seriously or Severely Ill/Injured (Category II or III) Active
Duty Service Members' issued by the Assistant Secretary of
Defense for Health Affairs on April 3, 2012, and the guidance
issued to implement such policy, as in effect on the date of
the enactment of this section, including any limitations on the
amount of such benefits available to such a member, except
that--
``(A) the periods regarding embryo cryopreservation
and storage set forth in part III(G) and in part IV(H)
of such memorandum shall not apply; and
``(B) such term includes embryo cryopreservation
and storage without limitation on the duration of such
cryopreservation and storage.
``(3) The term `covered veteran' means a veteran who has a
service-connected disability that results in the inability of
the veteran to procreate without the use of fertility
treatment.''.
(b) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1720I the
following new item:
``1720J. Provision of assisted reproductive technology or adoption
reimbursements for certain disabled
veterans.''.
Sec. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 236. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 237. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense and
the Secretary of Labor, shall discontinue using Social Security account
numbers to identify individuals in all information systems of the
Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than 5 years after the
date of the enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this Act.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of
the Department of Veterans Affairs only if the use of such number is
required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
Sec. 238. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2020 and 2021 for ``Medical Services'', section
239 of Division A of Public Law 114-223 shall apply.
Sec. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 240. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and fiscal year 2021 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute or
claim with an individual that would restrict in any way the individual
from speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
Sec. 242. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2020 and 2021, section 258 of division A of
Public Law 114-223 shall apply.
Sec. 243. For an additional amount for the Department of Veterans
Affairs, $1,000,000,000 to remain available until expended, for
infrastructure improvements, including new construction, and in
addition to amounts otherwise made available in this Act for such
purpose, of which:
(1) $850,000,000 shall be available for seismic improvement
projects and seismic program management activities, including
projects that would otherwise be funded by the Construction,
Major Projects, the Construction, Minor Projects, Medical
Facilities, or National Cemetery Administration accounts.
(2) $150,000,000 shall be for ``Departmental
Administration--Construction, Minor Projects'':
Provided, That the additional amounts appropriated under this section
for the purpose of minor construction may be used to carry out critical
life-safety projects identified in the Department's annual facility
condition assessments; sustainment projects; modernization projects;
infrastructure repair; renovations at existing Veterans Health
Administration medical centers and outpatient clinics; and projects
included in the Strategic Capital Investment Process plan: Provided
further, That notwithstanding the requirements of section 8104(a) of
title 38, United States Code, amounts made available under this heading
for seismic improvement projects and seismic program management
activities shall be available for the completion of both new and
existing projects of the Department: Provided further, That the
additional amounts appropriated under this section may not be obligated
or expended until the Secretary of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress, and such
Committees approve, a detailed expenditure plan, including project
descriptions and costs, for any minor construction, major construction,
or seismic improvement project being funded with the additional amounts
made available in this administrative provision.
Sec. 244. (a) None of the funds appropriated or otherwise made
available by this Act may be used to deny an Inspector General funded
under this Act timely access to any records, documents, or other
materials available to the department or agency of the United States
Government over which such Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of such Inspector General to such records, documents,
or other materials, under any provision of law, except a provision of
law that expressly refers to such Inspector General and expressly
limits the right of access of such Inspector General.
(b) A department or agency covered by this section shall provide
its Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Each Inspector General covered by this section shall ensure
compliance with statutory limitations on disclosure relevant to the
information provided by the department or agency over which that
Inspector General has responsibilities under the Inspector General Act
of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives within 5 calendar days
of any failure by any department or agency covered by this section to
comply with this section.
Sec. 245. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care
at medical facilities of the Department of Veterans Affairs.
Sec. 246. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may be used
in fiscal year 2020 to convert any program which received specific
purpose funds in fiscal year 2019 to a general purpose funded program
unless the Secretary of Veterans Affairs submits written notification
of any such proposal to the Committees on Appropriations of both Houses
of Congress at least thirty days prior to any such action and an
approval is issued by the Committees.
Sec. 247. (a) Except as provided by subsection (b), none of the
funds made available by this Act may be used by the Secretary of
Veterans Affairs to purchase, breed, transport, house, feed, maintain,
dispose of, or experiment on, dogs as part of the conduct of any study
including an assignment of pain category D or E, as defined by the Pain
and Distress Categories of the Department of Agriculture (or such
successor categories developed pursuant to section 13 of the Animal
Welfare Act (7 U.S.C. 2143)).
(b) Subsection (a) shall not apply to training programs or studies
of service dogs described in section 1714 of title 38, United States
Code, or section 17.148 of title 38, Code of Federal Regulations.
Sec. 248. None of the funds made available by this Act may be used
by the Secretary of Veterans Affairs to close the community based
outpatient clinic located in Bainbridge, New York, until the Secretary
of Veterans Affairs submits to the Committees on Appropriations of the
House of Representatives and the Senate a market area assessment.
Sec. 249. (a) Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once every five-
year period thereafter, the Secretary of Veterans Affairs shall update
the handbook of the Department of Veterans Affairs titled ``Planning
and Activating Community Based Outpatient Clinics'', or a successor
handbook, to reflect current policies, best practices, and clarify the
roles and responsibilities of the personnel of the Department involved
in the leasing projects of the Department.
(b) The Secretary shall ensure that the handbook specified in
subsection (a) defines ``community based outpatient clinic'' in the
same manner as such term is defined in the Veterans Health
Administration Site Tracking database (commonly known as ``VAST'') as
of the date of the enactment of this Act.
(c) The Secretary shall ensure that the Veterans Health
Administration incorporates the best practices contained in the
handbook specified in subsection (a) in conducting oversight of the
medical centers of the Department of Veterans Affairs and the Veterans
Integrated Service Network.
(d) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall provide guidance and training to employees of
the Veterans Health Administration for the use of the handbook
specified in subsection (a). The Secretary shall update such guidance
and training together with each update of such handbook.
(rescission of funds)
Sec. 250. Of the funds made available for fiscal year 2019 under
the heading ``Department of Veterans Affairs--Departmental
Administration--Veterans Electronic Health Record'' in title II of
division C of the Energy and Water, Legislative Branch, and Military
Construction and Veterans Affairs Appropriations Act, 2019 (Public Law
115-244), $70,000,000 is hereby rescinded.
Sec. 251. Section 252 of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018 (division J of
Public Law 115-141; 132 Stat. 825; 38 U.S.C. 1701 note) is amended by
striking ``The Secretary may carry out a 2-year pilot program'' and
inserting ``During the period preceding October 1, 2022, the Secretary
of Veterans Affairs may carry out a 2-year pilot program''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $15,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $104,000,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $35,400,000: Provided, That
$2,698,997 shall be available for the purpose of providing financial
assistance as described and in accordance with the process and
reporting procedures set forth under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $80,800,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2022. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $131,000,000, to remain available until expended, for
planning and design and construction associated with the Southern
Expansion project at Arlington National Cemetery.
armed forces retirement home trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $70,300,000, of which $5,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury
to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$156,860,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $281,576,000, to remain available until September 30,
2024, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$436,564,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $46,000,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Administrative Provision
Sec. 401. Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
TITLE V
NATURAL DISASTER RELIEF
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $1,210,948,000: Provided, That such amounts may be
obligated and expended to carry out planning and design and military
construction projects authorized by law: Provided further, That such
amounts are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$1,035,752,000: Provided, That such amounts may be obligated and
expended to carry out planning and design and military construction
projects authorized by law: Provided further, That such amounts are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $50,000,000: Provided, That such amounts may be obligated and
expended to carry out planning and design and military construction
projects authorized by law: Provided further, That such amounts are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Military Construction, Army Reserve
For an additional amount for ``Military Construction, Army
Reserve'', $3,300,000: Provided, That such amounts may be obligated and
expended to carry out planning and design and military construction
projects authorized by law: Provided further, That such amounts are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Administrative Provision
Sec. 501. Each amount designated in this title as being for an
emergency requirement as pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available only if the President subsequently so designates all such
amounts and transmits such amounts and transmits such designations to
the Congress: Provided, That none of the funds shall be available for
obligation until the Committees on Appropriations of the House of
Representatives and the Senate receive a master plan for the
installations and a form 1391 for each specific project: Provided
further, That not later than 60 days after enactment of this Act, the
Service Secretaries or their designee, shall submit to the Committees
on Appropriations of the House of Representatives and the Senate a
detailed expenditure plan for funds provided under this heading.
TITLE VI
GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 602. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 603. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 604. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 605. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 606. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 607. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 608. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 609. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 610. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 611. None of the funds made available by this Act may be used
by the Department of Defense or the Department of Veterans Affairs to
lease or purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
Sec. 612. Notwithstanding any other provision of law, none of the
funds appropriated in this or any other Act for a military construction
project, as defined by section 2801 of title 10, United States Code,
for any of fiscal years 2015 through 2019 or for fiscal year 2020 may
be obligated, expended, or used to design, construct, or carry out a
project to construct a wall, barrier, fence, or road along the Southern
border of the United States or a road to provide access to a wall,
barrier, or fence constructed along the Southern border of the United
States.
additional requirements for child care providers
Sec. 613. (a) Subject to subsection (b), none of the funds
appropriated by this bill may be provided to a child care center, child
care agency, or child care provider that employs an individual who has
been convicted of--
(1) A sex offense;
(2) An offense involving a child victim; or
(3) A violent crime involving any of the following:
(A) Elder abuse.
(B) Gun Violence.
(C) Domestic Violence.
(D) Terrorism.
(b) Payment may be made under this section to a child care center,
child care agency, or child care provider if such child care center,
child care agency, or child care provider has suspended the individual
described in subsection (a) from having any contact with children while
on the job until the case is resolved.
Sec. 614. None of the funds made available by this Act may be used
to replace or diminish the quality of care provided by the TRICARE
program (as defined in Section 1072 of Title 10 of the United States
Code).
Sec. 615. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
Sec. 616. Any reference to a ``report accompanying this Act''
contained in this division shall be treated as a reference to House
Report 116-63. The effect of such Report shall be limited to this
division and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, this division.
Sec. 617. None of the funds made available by this Act may be used
to carry out a new or additional Base Realignment and Closure (BRAC)
Round.
Sec. 618. None of the funds made available by this Act may be used
in contravention of section 101(e)(8) of title 10, United States Code.
Sec. 619. None of the funds made available by this Act may be used
in contravention of Executive Order No. 13858.
This Act may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2020''.
DIVISION E--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation, and Housing and Urban Development, and related agencies
for the fiscal year ending September 30, 2020, and for other purposes,
namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $113,910,000
(reduced by $5,000,000) (increased by $5,000,000) (increased by $1)
(reduced by $1) (reduced by $2,000,000) (reduced by $1,000,000)
(reduced by $10,000,000) (reduced by $1,000,000) (reduced by
$1,000,000) (reduced by $12,000,000), of which not to exceed $3,065,000
shall be available for the immediate Office of the Secretary; not to
exceed $1,000,000 shall be available for the immediate Office of the
Deputy Secretary; not to exceed $20,428,000 (increased by $1,000,000)
(reduced by $1,000,000) shall be available for the Office of the
General Counsel; not to exceed $10,331,000 shall be available for the
Office of the Under Secretary of Transportation for Policy; not to
exceed $14,300,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,546,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $29,244,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,142,000
shall be available for the Office of Public Affairs; not to exceed
$1,859,000 shall be available for the Office of the Executive
Secretariat; not to exceed $12,181,000 shall be available for the
Office of Intelligence, Security, and Emergency Response; and not to
exceed $16,814,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such transfers:
Provided further, That notice of any change in funding greater than 7
percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That not to exceed
$60,000 shall be for allocation within the Department for official
reception and representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107-71, there may be credited
to this appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $42,948,000 (reduced by
$2,000,000) (increased by $2,000,000) (reduced by $800,000) (reduced by
$2,000,000), of which $21,166,000 shall remain available until
September 30, 2022, and of which $15,000,000, to remain available until
expended, is for new competitive grants under section 5505 of title 49,
United States Code, for Tier I University Transportation Centers:
Provided, That such amounts are in addition to amounts previously
provided for such program: Provided further, That section
5505(c)(4)(A) of title 49, United States Code, shall not apply to
amounts for additional Tier I University Transportation Centers
provided under this heading: Provided further, That there may be
credited to this appropriation, to be available until expended, funds
received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, That any reference in law, regulation, judicial
proceedings, or elsewhere to the Research and Innovative Technology
Administration shall continue to be deemed to be a reference to the
Office of the Assistant Secretary for Research and Technology of the
Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$1,000,000,000 (reduced by $10,000,000) (increased by $10,000,000)
(reduced by $1) (increased by $1) (reduced by $1,000,000) (increased by
$1,000,000), to remain available through September 30, 2022: Provided,
That the Secretary of Transportation shall distribute funds provided
under this heading as discretionary grants to be awarded to a State,
local government, transit agency, port authority, or a collaboration
among such entities on a competitive basis for projects that will have
a significant local or regional impact: Provided further, That
projects eligible for funding provided under this heading shall
include, but not be limited to, highway or bridge projects eligible
under title 23, United States Code; public transportation projects
eligible under chapter 53 of title 49, United States Code; passenger
and freight rail transportation projects; and port infrastructure
investments (including inland port infrastructure and land ports of
entry): Provided further, That of the amount made available under this
heading, the Secretary shall use $15,000,000 (increased by $5,000,000)
for the planning, preparation or design of projects eligible for
funding under this heading, with an emphasis on transit, transit
oriented development, and multimodal projects: Provided further, That
of the amount made available under this heading, the Secretary shall
use $20,000,000 (increased by $5,000,000) (reduced by $5,000,000) for
the planning, preparation or design of projects eligible for funding
under this heading located in areas of persistent poverty: Provided
further, That the term persistent poverty means any county that has had
20 percent or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial census and the most
recent Small Area Income and Poverty Estimates, or any census tract
with a poverty rate of at least 20 percent as measured by the 2013-2017
five-year data series available from the American Community Survey of
the Census Bureau, or any territory or possession of the United States:
Provided further, That grants awarded under the previous three
provisos shall not be subject to a minimum grant size: Provided
further, That the Secretary may use up to 20 percent of the funds made
available under this heading for the purpose of paying the subsidy and
administrative costs of projects eligible for Federal credit assistance
under chapter 6 of title 23, United States Code, or sections 501
through 504 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, if the Secretary finds that such
use of the funds would advance the purposes of this paragraph:
Provided further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an equitable distribution
of funds between urban and rural areas, and the investment in a variety
of transportation modes, including public transit, passenger rail, and
pedestrian improvements: Provided further, That a grant funded under
this heading shall be not less than $5,000,000 and not greater than
$50,000,000: Provided further, That not more than 15 percent of the
funds made available under this heading may be awarded to projects in a
single State: Provided further, That the Federal share of the costs
for which an expenditure is made under this heading shall be, at the
option of the recipient, up to 80 percent: Provided further, That the
Secretary shall give priority to projects that require a contribution
of Federal funds in order to complete an overall financing package:
Provided further, That of the funds awarded under this heading not more
than 50 percent shall be for projects located in a rural area with a
population equal to or less than 200,000: Provided further, That for
projects located in a rural area, the minimum grant size shall be
$1,000,000 and the Secretary may increase the Federal share of costs
above 80 percent: Provided further, That of the funds awarded under
this heading not more than 50 percent shall be for projects located in
an urbanized area with a population of more than 200,000: Provided
further, That funds for an urbanized area under the previous proviso
may be obligated to projects in the metropolitan area established under
section 134 of title 23, United States Code, that encompasses such
urbanized area: Provided further, That the Secretary shall consider
the benefits of a project on urban and rural areas to the fullest
extent to include all relevant geographic areas: Provided further,
That projects conducted using funds provided under this heading must
comply with the requirements of subchapter IV of chapter 31 of title
40, United States Code: Provided further, That the Secretary shall
conduct a new competition to select the grants and credit assistance
awarded under this heading: Provided further, That the Secretary may
retain up to $25,000,000 of the funds provided under this heading, and
may transfer portions of those funds to the Administrators of the
Federal Highway Administration, the Federal Transit Administration, the
Federal Railroad Administration, and the Maritime Administration to
fund the award and oversight of grants and credit assistance made under
the National Infrastructure Investments program: Provided further,
That the Secretary shall consider and award projects based solely on
the selection criteria from the fiscal year 2017 Notice of Funding
Opportunity: Provided further, That, notwithstanding the previous
proviso, the Secretary shall not use the Federal share or an
applicant's ability to generate non-Federal revenue as a selection
criteria in awarding projects: Provided further, That the Secretary
shall issue the Notice of Funding Opportunity no later than 60 days
after enactment of this Act: Provided further, That such Notice of
Funding Opportunity shall require application submissions 90 days after
the publishing of such Notice: Provided further, That of the
applications submitted under the previous two provisos, the Secretary
shall make grants no later than 270 days after enactment of this Act in
such amounts that the Secretary determines: Provided further, That
such sums provided for national infrastructure investments for
multimodal safety projects under title VIII of division F of the
Consolidated and Further Continuing Appropriations Act, 2013 (Public
Law 113-6; 127 Stat. 432) shall remain available through fiscal year
2024 for the liquidation of valid obligations of active grants awarded
with this funding: Provided further, That the preceding proviso shall
be applied as if it were in effect on September 30, 2019.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000
(increased by $1,000,000), to remain available until expended:
Provided, That the Secretary shall notify the House and Senate
Committees on Appropriations no less than 15 days prior to exercising
the transfer authority granted under section 116(h) of title 49, United
States Code.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $2,000,000, to remain available through September 30, 2021.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
and implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2021.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $15,879,000 (reduced by $1,000,000) (increased by $1,000,000),
to remain available until expended: Provided, That of such amount,
$1,000,000 shall be for necessary expenses of the Interagency
Infrastructure Permitting Improvement Center (IIPIC): Provided
further, That there may be transferred to this appropriation, to remain
available until expended, amounts transferred from other Federal
agencies for expenses incurred under this heading for IIPIC activities
not related to transportation infrastructure: Provided further, That
the tools and analysis developed by the IIPIC shall be available to
other Federal agencies for the permitting and review of major
infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department as
provided for under the previous proviso.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $424,901,000, shall be paid
from appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That no assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such
Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2021: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related to any
mode of transportation: Provided further, That appropriations made
available under this heading shall be available for any purpose
consistent with prior year appropriations that were made available
under the heading ``Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $175,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger capacity
requirement under subsection 41732(b)(3) of title 49, United States
Code: Provided further, That none of the funds in this Act or any
other Act shall be used to enter into a new contract with a community
located less than 40 miles from the nearest small hub airport before
the Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be distributed for
the essential air service program under subsection 41742(b) of title
49, United States Code, shall be made available immediately from
amounts otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may reimburse
such amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
hereby authorized to provide partial or full payments in advance and
accept subsequent reimbursements from all Federal agencies from
available funds for transit benefit distribution services that are
necessary to carry out the Federal transit pass transportation fringe
benefit program under Executive Order No. 13150 and section 3049 of
Public Law 109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve will not
exceed one month of benefits payable and may be used only for the
purpose of providing for the continuation of transit benefits:
Provided further, That the Working Capital Fund will be fully
reimbursed by each customer agency from available funds for the actual
cost of the transit benefit.
Sec. 104. For an additional amount for ``Office of the Secretary--
Salaries and Expenses'', $2,052,000, to become available on the date on
which the Secretary announces the selection of projects to receive
awards for each of the following competitive grants, with respect to
funds made available for fiscal year 2017 or fiscal year 2018 for such
grants:
(1) Federal-State Partnership for State of Good Repair
Grants, as authorized by section 24911 of title 49, United
States Code, and as funded under the heading ``Federal Railroad
Administration--Federal-State Partnership for State of Good
Repair Grants'' by Public Law 115-31 and as funded under the
heading ``Federal Railroad Administration--Federal-State
Partnership for State of Good Repair'' by Public Law 115-141.
(2) Consolidated Rail Infrastructure and Safety
Improvements Grants, as authorized by section 22907 of title
49, United States Code, and as funded under the heading
``Federal Railroad Administration--Consolidated Rail
Infrastructure and Safety Improvements'' by Public Law 115-141.
(3) Restoration and Enhancement Grants, as authorized by
section 22908 of title 49, United States Code, and as funded
under the heading ``Federal Railroad Administration--
Restoration and Enhancement Grants'' by Public Law 115-31 and
as funded under the heading ``Federal Railroad Administration--
Restoration and Enhancement'' by Public Law 115-141.
Sec. 105. (a) Of the amount made available to ``Office of the
Secretary--Research and Technology'', $1,000,000 (increased by
$500,000) (reduced by $500,000) shall be for the Secretary of
Transportation to enter into an arrangement with the National Academies
of Sciences, Engineering, and Medicine to conduct a study through the
Transportation Research Board on effective ways to measure the
resilience of transportation systems and services to natural disasters,
natural hazards, and other potential disruptions.
(b) The study conducted pursuant to subsection (a) shall--
(1) identify and examine approaches used by Federal
agencies, States, metropolitan planning organizations, local
governments, and other organizations, including approaches
described in academic literature, to develop metrics for
transportation resilience, including methodologies used for
quantitative and qualitative data collection and analysis; and
(2) provide findings and recommendations on approaches to
measuring resilience that have shown or promise success, and
strategies to overcome challenges in measuring resilience.
(c) No later than 30 days after the date of enactment of this Act,
the Secretary of Transportation shall enter into the arrangement
described in subsection (a).
(d) No later than 210 days after the date of enactment of this Act,
the National Academies of Sciences, Engineering, and Medicine shall
provide an interim report of its findings to the Committees on
Appropriations of the House of Representatives and Senate.
(e) No later than 1 year after the date of enactment of this Act,
the Secretary of Transportation shall submit to the Committees on
Appropriations of the House of Representatives and Senate the final
study developed by the National Academies of Sciences, Engineering, and
Medicine.
Sec. 106. (a) Of the amount made available to ``Office of the
Secretary--Research and Technology'', $10,000,000 shall be for the
establishment of a Highly Automated Systems Safety Center of Excellence
within the Department of Transportation, in order to have a Department
of Transportation workforce capable of reviewing, validating, and
certifying the safety of automated technologies.
(b) The Highly Automated Systems Safety Center of Excellence
shall--
(1) serve as a single place within the Department of
Transportation for expertise in automation and human behavior,
computer science, machine learning, sensors, and other
technologies involving automated systems;
(2) support all Operating Administrations of the Department
of Transportation; and
(3) have a workforce composed of Department of
Transportation employees, including direct hires or detailees
from Operating Administrations.
(c) Employees of the Highly Automated Systems Safety Center of
Excellence shall audit, inspect, and certify highly automated systems
to ensure their safety.
(d) No later than 90 days after the date of enactment of this Act,
the Secretary shall report to the Committees on Appropriations of the
House of Representatives and the Senate on staffing needs and the
staffing plan for the Highly Automated Systems Safety Center of
Excellence.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $10,677,758,000 (reduced by $1) (increased by $1), to
remain available until September 30, 2021, of which $9,833,400,000
shall be derived from the Airport and Airway Trust Fund: Provided,
That of the sums appropriated under this heading--
(1) not less than $1,603,969,000 (increased by $7,500,000)
shall be available for aviation safety activities;
(2) not to exceed $7,841,720,000 shall be available for air
traffic organization activities;
(3) not to exceed $24,949,000 (increased by $8,089,000)
shall be available for commercial space transportation
activities;
(4) not to exceed $816,398,000 (reduced by $7,500,000)
(reduced by $8,089,000) shall be available for finance and
management activities;
(5) not to exceed $61,258,000 shall be available for
NextGen and operations planning activities;
(6) not to exceed $114,165,000 shall be available for
security and hazardous materials safety; and
(7) not to exceed $215,299,000 shall be available for staff
offices, of which $5,000,000 is for the Minority Serving
Institutions internship program, $5,000,000 is for the aviation
maintenance technician development program (as described in
section 625 of Public Law 115-254), and $5,000,000 is for the
aviation workforce development program (as described in section
625 of Public Law 115-254):
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 5 percent: Provided further, That any transfer in excess of
5 percent shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section: Provided further, That not later than 60 days after the
submission of the budget request, the Administrator of the Federal
Aviation Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to section
221 of Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after the date
that is 60 days after the submission of the budget request that such
report has not been submitted to the Congress: Provided further, That
not later than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after the date that is 60 days after
the submission of the budget request that such report has not been
submitted to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be
available for new applicants for the second career training program:
Provided further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $169,000,000 shall be
used to fund direct operations of the current air traffic control
towers in the contract tower program, including the contract tower cost
share program, and any airport that is currently qualified or that will
qualify for the program during the fiscal year: Provided further, That
none of the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That none of the funds
appropriated or otherwise made available by this Act or any other Act
may be used to eliminate the Contract Weather Observers program at any
airport: Provided further, That the opening, closing, reorganization,
or redesignation of field or regional offices shall be subject to the
requirements of section 405 of this Act.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$3,000,000,000 (increased by $2,000,000) (increased by $7,000,000)
(reduced by $7,000,000), of which $512,823,000 shall remain available
until September 30, 2021, $2,372,127,000 shall remain available until
September 30, 2022, and $115,050,000 shall remain available until
expended: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: Provided further, That no later than 60 days after the
submission of the budget request, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2021 through 2025, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $191,100,000 (increased by $1,500,000) (reduced by $1,500,000)
(increased by $1,000,000) (reduced by $1,000,000), to be derived from
the Airport and Airway Trust Fund and to remain available until
September 30, 2022: Provided, That there may be credited to this
appropriation as offsetting collections, funds received from States,
counties, municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for research,
engineering, and development: Provided further, That funds made
available under this heading shall be used in accordance with the
report accompanying this Act: Provided further, That not to exceed 10
percent of any funding level specified under this heading in the report
accompanying this Act may be transferred to any other funding level
specified under this heading in the report accompanying this Act:
Provided further, That no transfer may increase or decrease any funding
level by more than 10 percent: Provided further, That any transfer in
excess of 10 percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 (reduced by $2,000,000) (increased by $2,000,000) in
fiscal year 2020, notwithstanding section 47117(g) of title 49, United
States Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage conveyor
systems, reconfiguration of terminal baggage areas, or other airport
improvements that are necessary to install bulk explosive detection
systems: Provided further, That notwithstanding section 47109(a) of
title 49, United States Code, the Government's share of allowable
project costs under paragraph (2) for subgrants or paragraph (3) of
that section shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of funds limited under this
heading, not more than $112,600,000 shall be available for
administration, not less than $15,000,000 shall be available for the
Airport Cooperative Research Program, not less than $33,210,000 shall
be available for Airport Technology Research, and $10,000,000
(increased by $5,000,000) (reduced by $5,000,000), to remain available
until expended, shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, United States Code,
such program may include the participation of an airport that serves a
community or consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time the Office
of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $500,000,000, to remain available
through September 30, 2022: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471:
Provided further, That the Secretary shall distribute funds provided
under this heading as discretionary grants to airports: Provided
further, That the amount made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-Aid for
Airports program set forth in any Act: Provided further, That the
Administrator of the Federal Aviation Administration may retain up to
0.5 percent of the funds provided under this heading to fund the award
and oversight by the Administrator of grants made under this heading:
Provided further, That section 47115(j) of title 49, United States
Code, shall not apply with respect to amounts made available under this
heading: Provided further, That priority consideration shall be,
without regard to airport size, based on project justification and
completeness of pre-grant actions.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2020.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition
of funds in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require airport
sponsors to provide land without cost to the Federal Aviation
Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number from any
display of the Federal Aviation Administration's Aircraft Situational
Display to Industry data that is made available to the public, except
data made available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available for
salaries and expenses of more than eight political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the Federal Aviation Administration provides to the
House and Senate Committees on Appropriations a report that justifies
all fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order No. 13642.
Sec. 119A. None of the funds in this Act may be used to close a
regional operations center of the Federal Aviation Administration or
reduce its services unless the Administrator notifies the House and
Senate Committees on Appropriations not less than 90 full business days
in advance.
Sec. 119B. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds provided under this Act may be used
by the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any new application for participation
in the Contract Tower Program, or for reevaluation of Cost-share
Program participants as long as the Federal Aviation Administration has
received an application from the airport, and as long as the
Administrator determines such tower is eligible.
Sec. 119D. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 may be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services located at those
airports closed during a temporary flight restriction (TFR) for any
residence of the President that is designated or identified to be
secured by the United States Secret Service, and for direct and
incremental financial losses incurred while such airports are closed
solely due to the actions of the Federal Government: Provided, That no
funds shall be obligated or distributed to airport sponsors that do not
provide gateway operations and providers of general aviation ground
support services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of law, or
through fault or negligence, of such operators and service providers or
of third parties (including airports) are not eligible for
reimbursements: Provided further, That obligation and expenditure of
funds are conditional upon full release of the United States Government
for all claims for financial losses resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $453,549,689, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration. In addition, $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of Federal-aid
highway and highway safety construction programs authorized under
titles 23 and 49, United States Code, and the provisions of the Fixing
America's Surface Transportation (FAST) Act (Public Law 114-94) shall
not exceed total obligations of $46,365,092,000 for fiscal year 2020:
Provided, That the Secretary may collect and spend fees, as authorized
by title 23, United States Code, to cover the costs of services of
expert firms, including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal Government
of servicing such credit instruments: Provided further, That such fees
are available until expended to pay for such costs: Provided further,
That such amounts are in addition to administrative expenses that are
also available for such purpose, and are not subject to any obligation
limitation or the limitation on administrative expenses under section
608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $47,104,092,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of Transportation
$1,750,000,000 (increased by $10,000,000) (increased by $12,000,000):
Provided, That the amounts made available under this heading shall be
derived from the general fund, shall be in addition to any funds
provided for fiscal year 2020 in this or any other Act for ``Federal-
aid Highways'' under chapter 1 of title 23, United States Code, and
shall not affect the distribution or amount of funds provided in any
other Act: Provided further, That of the sums made available under
this heading--
(1) $1,493,100,000 (increased by $10,000,000) (increased by
$12,000,000) shall be for activities eligible under section
133(b) of title 23, United States Code, for the elimination of
hazards and the installation of protective devices at railway-
highway crossings, and to provide necessary charging
infrastructure along corridor ready or corridor pending
alternative fuel corridors as defined under 23 U.S.C. 151;
(2) $5,451,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(3) $1,449,000 shall be for activities eligible under the
Territorial Highway Program, as described in section 165(c)(6)
of title 23, United States Code;
(4) $166,000,000 shall be for the nationally significant
Federal lands and tribal projects program under section 1123 of
the FAST Act;
(5) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23, United
States Code;
(6) $15,000,000 shall be for grants for Advanced Digital
Construction Management Systems;
(7) $12,000,0000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section 1441
of the FAST Act;
(8) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create a
national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System; and
(9) $2,000,000 shall be for research that leads to
decreases in highway and pedestrian fatalities among Tribal
populations:
Provided further, That the funds made available under this heading
for activities eligible under section 133(b) of title 23, United States
Code, for the elimination of hazards and the installation of protective
devices at railway-highway crossings, and to provide charging
infrastructure for alternative fuel corridors, shall be suballocated in
the manner described in section 133(d) of such title, except that the
set-aside described in section 133(h) of title 23, United States Code
shall not apply to funds made available under this heading: Provided
further, That the funds made available under this heading in paragraph
(1), shall be administered as if apportioned under chapter 1 of such
title and shall remain available through September 30, 2023: Provided
further, That the funds made available under this heading in paragraph
(1), shall be apportioned to the States in the same ratio as the
obligation limitation for fiscal year 2020 is distributed among the
States in section 120(a)(5) of this Act: Provided further, That,
except as provided in the following proviso, the funds made available
under this heading for activities eligible under the Puerto Rico
Highway Program and activities eligible under the Territorial Highway
Program shall be administered as if allocated under sections 165(b) and
165(c), respectively, of such title and shall remain available through
September 30, 2023: Provided further, That the funds made available
under this heading for activities eligible under the Puerto Rico
Highway Program shall not be subject to the requirements of sections
165(b)(2)(A) or 165(b)(2)(B) of such title: Provided further, That the
funds made available under this heading for the nationally significant
Federal lands and tribal projects program under section 1123 of the
FAST Act shall remain available through September 30, 2023: Provided
further, That the funds made available under this heading in paragraph
(5) for the elimination of hazards and the installation of protective
devices at railway-highway crossings shall be available for projects
eligible under section 22907(c) of title 49, United States Code, for
commuter authorities, as defined in section 24102(2) of title 49,
United States Code, that experienced at least one accident investigated
by the National Transportation Safety Board between January 1, 2008 and
December 31, 2018: Provided further, That amounts provided under this
heading in paragraphs (5), (6), (7), (8), and (9) shall remain
available until expended: Provided further, That funds made available
under this heading for Advanced Digital Construction Management Systems
shall be for competitive grants to State and local governments to
develop and expand the capacity to use and deploy Advanced Digital
Construction Management Systems and the minimum grant amount shall be
$500,000.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2020, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2020, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of
the project; whether credit assistance will be provided as a direct
loan, loan guarantee, or line of credit; and the amount of credit
assistance.
Sec. 124. None of the funds in this Act may be used to make a
grant for a project under section 117 of title 23, United States Code,
unless the Secretary, at least 60 days before making a grant under that
section, provides written notification to the House and Senate
Committees on Appropriations of the proposed grant, including an
evaluation and justification for the project and the amount of the
proposed grant award: Provided, That the written notification required
in the previous proviso shall be made no later than 180 days after
enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this section
and submits a quarterly report to the Secretary identifying the
projects to which the funding would be applied. Notwithstanding the
original period of availability of funds to be obligated under this
section, such funds and associated obligation limitation shall remain
available for obligation for a period of 3 fiscal years after the
fiscal year in which the Secretary of Transportation is notified. The
Federal share of the cost of a project carried out with funds made
available under this section shall be the same as associated with the
earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 5 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter to the
House and Senate Committees on Appropriations.
Sec. 126. The following are repealed:
(1) Section 352 of the National Highway System Designation
Act of 1995 (Public Law 104-59, 109 Stat. 568).
(2) Section 324 of the Department of Transportation and
Related Agencies Appropriations Act, 1986 (Public Law 99-190;
99 Stat. 1288).
(3) Section 325 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (Public Law 104-50;
109 Stat. 456).
Notwithstanding any other provision of law, tolls collected for motor
vehicles on any bridge connecting the boroughs of Brooklyn, New York,
and Staten Island, New York, shall be collected for any such vehicles
exiting from such bridge in both Staten Island and Brooklyn.
Sec. 127. Section 125(d) of title 23, United States Code, is
amended by striking paragraph (4).
Sec. 128. Until final guidance is published, the Administrator of
the Federal Highway Administration shall make determinations on Buy
America waivers for those waivers that were submitted before April 17,
2018, as if the notice of proposed rulemaking of that date was not in
effect.
Sec. 129. Section 1948 of SAFETEA-LU (Public Law 109-59; 119 Stat.
1514) is repealed.
Sec. 129A. Section 119(e)(5) of title 23, United States Code, is
amended to read as follows:
``(5) Requirement for plan.--
``(A) In general.--Notwithstanding section 120,
beginning on October 1, 2019, and each fiscal year
thereafter, if the Secretary determines that a State
has not developed and implemented a State asset
management plan consistent with this section, the
Federal share payable on account of any project or
activity for which funds are obligated by the State in
that fiscal year under this section shall be 65
percent.
``(B) Determination.--The Secretary shall make the
determination under subparagraph (A) not later than the
day before the beginning of each fiscal year.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Fixing America's Surface Transportation Act,
$288,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended: Provided, That funds
available for implementation, execution, or administration of motor
carrier safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of $288,000,000
for ``Motor Carrier Safety Operations and Programs'' for fiscal year
2020, of which $9,073,000 to remain available for obligation until
September 30, 2022, is for the research and technology program.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $388,800,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $388,800,000 in fiscal
year 2020 for ``Motor Carrier Safety Grants'': Provided further, That
of the sums appropriated under this heading--
(1) $308,700,000 shall be available for the motor carrier
safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver's license program implementation program;
(3) $44,900,000 shall be available for the high priority
activities program; and
(4) $2,000,000 shall be made available for commercial motor
vehicle operators grants, of which $1,000,000 is to be made
available from prior year unobligated contract authority
provided for Motor Carrier Safety grants in the Transportation
Equity Act for the 21st Century (Public Law 105-178), SAFETEA-
LU (Public Law 109-59), or other appropriations or
authorization Acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of 49 CFR section 385.308 violations by certified mail,
registered mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
Sec. 132. The Federal Motor Carrier Safety Administration shall
update annual inspection regulations under Appendix G to subchapter B
of chapter III of title 49, Code of Federal Regulations, to require
that rear underride guards be inspected annually.
Sec. 133. No funds made available by this or any other Act may be
obligated or expended under the authority in 49 U.S.C. 31141(c) to
review and issue a decision on a petition to preempt State meal and
rest break laws that may differ from those in 49 CFR 395.
Sec. 134. Notwithstanding any restriction under part II of
subtitle B of title V of the FAST Act, not later than 6 months after
enactment of this Act, the Administrator of the Federal Motor Carrier
Safety Administration shall make available on a public website
information regarding analysis of violations developed under the
agency's Compliance, Safety, Accountability program, consistent with
the data that the agency made publicly available immediately before
December 4, 2015.
Sec. 135. None of the funds made available in this Act may be used
to promulgate or enforce a rule that eliminates the 30 minute rest
break specified in part 395 of title 49, Code of Federal Regulations,
as it was in operational effect on May 15, 2019.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code, $214,073,440
(reduced by $1,000,000) (increased by $1,000,000), to remain available
until September 30, 2021, except that $40,000,000 shall remain
available through September 30, 2022, and no less than $18,500,000
shall be for research on Automated Driving Systems, Advanced Driver
Assistance Systems, and vehicle electronics and cybersecurity.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and improving consumer
responses to safety recalls, section 4011 of the Fixing America's
Surface Transportation Act (Public Law 114-94), and chapter 303 of
title 49, United States Code, $155,300,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and to remain
available until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2020, are in excess of
$155,300,000: Provided further, That of the sums appropriated under
this heading--
(1) $149,800,000 shall be for programs authorized under 23
U.S.C. 403, including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and improving
consumer responses to safety recalls, and section 4011 of the
Fixing America's Surface Transportation Act (Public Law 114-
94); and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $155,300,000 obligation limitation
for operations and research, $20,000,000 shall remain available until
September 30, 2021, and shall be in addition to the amount of any
limitation imposed on obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America's Surface Transportation Act, to remain available until
expended, $623,017,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account): Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs for which the total obligations in fiscal year 2020 are in
excess of $623,017,000 for programs authorized under 23 U.S.C. 402,
404, and 405, and section 4001(a)(6) of the Fixing America's Surface
Transportation Act: Provided further, That of the sums appropriated
under this heading--
(1) $279,800,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402;
(2) $285,900,000 shall be for ``National Priority Safety
Programs'' under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ``High Visibility
Enforcement Program'' under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in
subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts
transferred to increase the amounts made available under section 402
shall include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and Senate
Committees on Appropriations of any exercise of the authority granted
under the previous proviso or under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds made available by this Act may be used
to mandate global positioning system (GPS) tracking in private
passenger motor vehicles without providing full and appropriate
consideration of privacy concerns under 5 U.S.C. chapter 5, subchapter
II.
Sec. 143. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $17,000,000, to remain available until September 30, 2021, shall
be made available to the National Highway Traffic Safety Administration
from the general fund: Provided, That of the sums provided under this
provision--
(1) not to exceed $7,000,000 shall be available to provide funding
for grants, pilot program activities, and innovative solutions to
reduce impaired-driving fatalities in collaboration with eligible
entities under section 403 of title 23, United States Code; and
(2) not to exceed $10,000,000 shall be available to continue a high
visibility enforcement paid-media campaign regarding highway-rail grade
crossing safety in collaboration with the Federal Railroad
Administration.
Sec. 144. An additional $500,000 shall be made available to the
National Highway Traffic Safety Administration for a study to identify
and examine child-specific safety considerations in vehicles equipped
with Automated Driving Systems, particularly those that can be operated
bi-directionally and offer unconventional seating. The study should
also incorporate safety considerations for child restraint system (CRS)
installation and promoting CRS usage for ride-share programs, and the
risks associated with unattended child passengers in Automated Driving
Systems-equipped vehicles. Upon completion of this study, the National
Highway Traffic Safety Administration shall submit to the House and
Senate Committees on Appropriations a report containing its findings,
including detailing how the agency is coordinating with manufacturers
to ensure children are protected in vehicles equipped with Automated
Driving Systems.
Sec. 145. None of the funds appropriated or otherwise made
available in this Act or any other Act may be used to finalize or
enforce a proposed rule published by the National Highway Traffic
Safety Administration and the Environmental Protection Agency on August
2, 2018, entitled ``The Safer Affordable Fuel-Efficient Vehicles Rule''
or any other successor rule.
Sec. 146. None of the funds in this Act or any other Act shall be
used to enforce the requirements of 23 U.S.C. 405(a)(9).
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $226,698,000, of which $20,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$41,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, such authority shall exist as long as any such
direct loan or loan guarantee is outstanding.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $350,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and project
management oversight of grants carried out under section 24911 of title
49, United States Code: Provided further, That the Secretary shall
issue the Notice of Funding Opportunity for funds provided under this
heading consistent with section 24911 of title 49, United States Code,
no later than 30 days after enactment of this Act: Provided further,
That the Secretary shall review all applications received in response
to the Notice of Funding Opportunity required in the previous proviso:
Provided further, That the Secretary shall announce the selection of
projects to receive awards for the funds described in the previous two
provisos no later than 180 days after enactment of this Act.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants, as authorized by section 22907 of title
49, United States Code, $350,000,000 (increased by $1,000,000) (reduced
by $1,000,000), to remain available until expended: Provided, That of
the sums appropriated under this heading--
(1) $40,000,000 shall be available for projects eligible
under section 22907(c)(5) of title 49, United States Code, for
projects for commuter authorities, as defined as section
24102(2) of title 49, United States Code, that experienced at
least one accident investigated by the National Transportation
Safety Board between January 1, 2008, and December 31, 2018;
and
(2) $55,000,000 shall be available for projects eligible
under section 22907(c)(2) of title 49, United States Code, that
require the acquisition of rights-of-way, track, or track
structure to support the development of new intercity passenger
rail service routes:
Provided further, That section 22905(f) of title 49, United States
Code, shall not apply to projects for commuter authorities in the first
proviso: Provided further, That section 22905(f) of title 49, United
States Code, shall not apply to projects for the implementation of
positive train control systems otherwise eligible under section
22907(c)(1) of title 49, United States Code: Provided further, That
amounts available under this heading for projects selected for commuter
rail passenger transportation may be transferred by the Secretary,
after selection, to the appropriate agencies to be administered in
accordance with chapter 53 of title 49, United States Code: Provided
further, That for amounts available under this heading eligible
recipients under section 22907(b) of title 49, United States Code,
shall include any non-profit association representing Class II
railroads and Class III railroads (as those terms are defined in
section 20102 of title 49, United States Code) and any holding company
of a Class II railroad or Class III railroad (as those terms are
defined in section 20102 of title 49, United States Code): Provided
further, That the Secretary shall not limit eligible projects from
consideration for funding for planning, engineering, environmental,
construction, and design elements of the same project in the same
application: Provided further, That unobligated balances remaining
after 4 years from the date of enactment may be used for any eligible
project under section 22907(c) of title 49, United States Code:
Provided further, That the Secretary may withhold up to one percent of
the amount provided under this heading for the costs of award and
project management oversight of grants carried out under section 22907
of title 49, United States Code: Provided further, That the Secretary
shall issue the Notice of Funding Opportunity for funds provided under
this heading no later than 30 days after enactment of this Act:
Provided further, That such Notice of Funding Opportunity shall require
application submissions 60 days after the publishing of such Notice:
Provided further, That the Secretary shall announce the selection of
projects to receive awards for the funds in the previous two provisos
no later than 180 days after enactment of this Act.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in 1307(a)
through (c) of Public Law 109-59, as amended by section 102 of Public
Law 110-244 (section 322 of title 23, United States Code), $10,000,000,
to remain available until expended.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$700,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the costs of
project management and oversight of activities authorized by section
11101(c) of division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized under
section 11101(c) of division A of Public Law 114-94, the Secretary may
retain up to an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code: Provided further, That of the amounts made available under this
heading and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading, not less than $50,000,000 shall be
made available to bring Amtrak-served facilities and stations into
compliance with the Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,291,600,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of title 49,
United States Code.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the President
of Amtrak may waive the cap set in the previous proviso for specific
employees when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system: Provided
further, That the President of Amtrak shall report to the House and
Senate Committees on Appropriations within 60 days of enactment of this
Act, a summary of all overtime payments incurred by the Corporation for
2019 and the three prior calendar years: Provided further, That such
summary shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid to those
employees receiving waivers for each month for 2019 and for the three
prior calendar years.
Sec. 151. None of the funds provided to the National Railroad
Passenger Corporation under the headings ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'' may be used to
reduce the size of the Amtrak Police Department below the staffing
level on May 1, 2019.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $117,000,000, of which $15,000,000 shall remain available
until September 30, 2021, and up to $1,000,000 shall be available to
carry out the provisions of section 5326 of such title: Provided, That
upon submission to the Congress of the fiscal year 2021 President's
budget, the Secretary of Transportation shall transmit to Congress the
annual report on Capital Investment Grants, including proposed
allocations for fiscal year 2021.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,800,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
and 5340, as amended by the Fixing America's Surface Transportation
Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $10,150,348,462 in fiscal year 2020: Provided further,
That the Federal share of the cost of activities carried out under 49
U.S.C. section 5312 shall not exceed 80 percent, except that if there
is substantial public interest or benefit, the Secretary may approve a
greater Federal share: Provided further, That in addition to the
amounts appropriated for purposes of 49 U.S.C 5338(e), not less than 2
percent of the funds appropriated or available for the purposes of 49
U.S.C 5338(f) shall be available for the purposes of 49 U.S.C. 5338(e).
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, state of good repair
grants under section 5337 of such title, the bus testing facilities
under sections 5312 and 5318 of such title, and for grants to areas of
persistent poverty, $750,000,000 (increased by $2,000,000), to remain
available until expended: Provided, That of the sums provided under
this heading--
(1) $389,000,000 (reduced by $6,000,000) shall be available
for the buses and bus facilities competitive grants as
authorized under section 5339(b) of such title: Provided
further, That the minimum grant award shall be not less than
$1,000,000;
(2) $94,000,000 (increased by $2,000,000) (increased by
$6,000,000) shall be available for the low or no emission
grants as authorized under section 5339(c) of such title:
Provided further, That the minimum grant award shall be not
less than $1,500,000;
(3) $250,000,000 shall be available for the state of good
repair grants as authorized under section 5337 of such title;
(4) $1,000,000 shall be available for the bus testing
facility as authorized under section 5318 of such title;
(5) Notwithstanding section 5318(a) of such title,
$6,000,000 shall be available for the operation and maintenance
of bus testing facilities by institutions of higher education
selected pursuant to section 5312(h); and
(6) $10,000,000 shall be available for competitive grants
to eligible entities to assist areas of persistent poverty:
Provided further, That the Secretary shall enter into a contract or
cooperative agreement with, or make a grant to, each institution of
higher education selected pursuant to section 5312(h) of such title, to
operate and maintain a facility to conduct the testing of low or no
emission vehicle new bus models using the standards established
pursuant to section 5318(e)(2) of such title: Provided further, That
the term ``low or no emission vehicle'' has the meaning given the term
in section 5312(e)(6) of such title: Provided further, That the
Secretary shall pay 80 percent of the cost of testing a low or no
emission vehicle new bus model at each selected institution of higher
education: Provided further, That the entity having the vehicle tested
shall pay 20 percent of the cost of testing: Provided further, That a
low or no emission vehicle new bus model tested that receives a passing
aggregate test score in accordance with the standards established under
section 5318(e)(2) of such title, shall be deemed to be in compliance
with the requirements of section 5318(e) of such title: Provided
further, That areas of persistent poverty means any county that has
consistently had 20 percent or more of the population living in poverty
over the 30 years preceding the date of enactment of this Act, as
measured by the 1990 and 2000 decennial census and the most recent
Small Area Income and Poverty Estimates, or any census tract with a
poverty rate of at least 20 percent as measured by the 2013-2017 five-
year data series available from the American Community Survey of the
Census Bureau, or any territory or possession of the United States:
Provided further, That grants shall be for planning, engineering, or
development of technical, or financing plans for projects eligible
under chapter 53 of title 49, United States Code: Provided further,
That eligible entities are those defined as eligible recipients or
subrecipients under section 5307, 5310, or 5311 of title 49 United
States Code, and are in areas of persistent poverty: Provided further,
That the Federal Transit Administration should complete outreach to
such counties and the Departments of Transportation within applicable
States via personal contact, webinars, web materials and other
appropriate methods determined by the Administrator: Provided further,
That State departments of transportation may apply on behalf of
eligible entities within their States: Provided further, That the
Federal Transit Administration should encourage grantees to work with
non-profits or other entities of their choosing in order to develop
planning, technical, engineering, or financing plans: Provided
further, That the Federal Transit Administration should encourage
grantees to partner with non-profits that can assist with making
projects low or no emissions: Provided further, That projects funded
as a result of activities funded under this heading shall be for not
less than 90 percent of the net total project cost: Provided further,
That amounts made available by this heading shall be derived from the
general fund: Provided further, That the amounts made available under
this heading shall not be subject to any limitation on obligations for
transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000, to
remain available until September 30, 2021, of which not less than
$2,500,000 (increased by $1,000,000) (reduced by $1,000,000) shall be
for a cooperative agreement through which the Federal Transit
Administration assists transit recipients with frontline workforce
development and standards based training in maintenance and operations
through an agreement with a national nonprofit organization with a
demonstrated capacity to develop and provide such programs though labor
management partnerships and apprenticeships: Provided, That the
assistance provided under this heading does not duplicate the
activities of 49 U.S.C. 5311(b) or 49 U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act,
$2,301,785,760, to remain available until September 30, 2024:
Provided, That of the amounts made available under this heading,
$1,841,428,608 (reduced by $1,000,000) (increased by $1,000,000) shall
be obligated by December 31, 2021, but shall remain available until
September 30, 2024, as specified under this heading: Provided further,
That of the amounts made available under this heading--
(1) $795,290,221 shall be available for fixed guideway
projects that have executed full funding grant agreements,
authorized under subsection (d) of section 5309;
(2) $702,709,779 shall be available for new projects
authorized under 5309(d) of title 49, United States Code;
(3) $300,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(4) $430,768,910 shall be available for projects authorized
under section 5309(h) of title 49, United States Code; and
(5) $50,000,000 shall be available for projects authorized
under section 3005(b) of the Fixing America's Surface
Transportation Act:
Provided further, That the Secretary shall continue to administer the
capital investment grants program in accordance with the procedural and
substantive requirements of section 5309 of title 49, United States
Code, and to administer the Expedited Delivery Pilot Program with the
procedural and substantive requirements of section 3005(b) of the
Fixing America's Surface Transportation Act: Provided further, That
any funds remaining from the $1,841,428,608 that are required to be
obligated by the first proviso under this heading and that remain
available on December 31, 2021 shall be reallocated to applicants with
projects in Engineering on that date, as defined by 49 U.S.C.
5309(d)(2) and (e)(2) for activities eligible under 49 U.S.C. 5309(b),
and upon reallocation shall be available for immediate obligation:
Provided further, That each applicant's share of such funds shall be
distributed to the projects in Engineering based on the individual
project's requested Capital Investment Grant amount as a percentage of
the total Capital Investment Grant funds requested by the group of
projects in Engineering under subsections (d)(2) and (e)(2) of 49
United States Code 5309 on December 31, 2021: Provided further, That
not later than 90 days after enactment of this Act, the Federal Transit
Administration shall provide the House and Senate Committees on
Appropriations a list of projects to which the agency expects to award
a full-funding grant agreement in fiscal year 2020, and upon submission
of the fiscal year 2021 budget, the Federal Transit Administration
shall provide such information for 2021.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to approving such
grants, the Secretary shall certify that the Washington Metropolitan
Area Transit Authority is making progress to improve its safety
management system in response to the Federal Transit Administration's
2015 safety management inspection: Provided further, That the
Secretary shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those investments that
will improve the safety of the system before approving such grants:
Provided further, That the Secretary, in order to ensure safety
throughout the rail system, may waive the requirements of section
601(e)(1) of division B of Public Law 110-432.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Fixed Guideway
Capital Investment'' of the Federal Transit Administration for projects
specified in this Act or identified in reports accompanying this Act
not obligated by September 30, 2024, and other recoveries, shall be
directed to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2018, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. In the first proviso under the title ``Capital
Investment Grants'' in the Consolidated Appropriations Act of 2018,
Public Law 115-141, strike, ``December 31, 2019'' and insert,
``September 30, 2020''.
Sec. 164. No funds in this or any other Act shall be used--
(1) to adjust apportionments or withhold funds from apportionments
pursuant to 26 U.S.C. 9503(e)(4);
(2) to request or require any project to have a maximum Capital
Investment Grant contribution lower than 50 percent of the total
project cost;
(3) to determine a maximum Capital Investment Grant contribution
for projects defined under 49 U.S.C. 5309(a)(2) or 49 U.S.C. 5309(a)(5)
until at least 180 days after a project has entered into the
Engineering phase; and
(4) by the Federal Transit Administration when making a
determination about whether a project sponsor's cost estimate is
reasonable, to require a probability higher than 50 percent that a
project can be completed within that cost estimate: Provided, That
this proviso only applies to those applications that are in the
``project development'' phase as defined under subsection (d)(1),
(e)(1), or (h)(2) of 49 U.S.C. 5309, or the ``Engineering'' phase as
defined under subsection (d)(2) or (e)(2) of 49 U.S.C. 5309 on the date
of enactment of this Act.
Sec. 165. An eligible recipient of a grant under 5339(c) may
submit an application in partnership with other entities, including a
transit vehicle manufacturer, that intend to participate in the
implementation of a project under 5339(c) of title 49, United States
Code and a project awarded with such partnership shall be treated as
satisfying the requirement for a competitive procurement under section
5325(a) of title 49, United States Code, for the named entity.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities on those portions of the Saint
Lawrence Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $40,000,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That of the amounts made available under this heading, not
less than $16,000,000 shall be used on capital asset renewal
activities.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $300,000,000, to remain available until expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $154,442,000: Provided, That of the sums
appropriated under this heading--
(1) $77,944,000 shall remain available until September 30,
2021 for the operations of the United States Merchant Marine
Academy;
(2) $5,225,000 shall remain available until expended for
the maintenance and repair, equipment, and capital improvements
at the United States Merchant Marine Academy;
(3) $3,000,000 shall remain available until September 30,
2021 for the Maritime Environment and Technology Assistance
program authorized under section 50307 of title 46, United
States Code; and
(4) $15,000,000, shall remain available until expended for
the Short Sea Transportation Program (America's Marine
Highways) to make grants for the purposes authorized under
sections 55601(b)(1) and (3) of title 46, United States Code:
Provided further, That not later than 120 days after enactment of
this Act, the Administrator of the Maritime Administration shall
transmit to the House and Senate Committees on Appropriations the
annual report on sexual assault and sexual harassment at the United
States Merchant Marine Academy as required pursuant to section 3507 of
Public Law 110-417: Provided further, That available balances under
this heading for the Short Sea Transportation Program (America's Marine
Highways) from prior year recoveries shall be available to carry out
activities authorized under sections 55601(b)(1) and (3) of title 46,
United States Code: Provided further, That from funds provided under
(3) and (4) of the first proviso, the Secretary of Transportation shall
make grants no later than 180 days after enactment of this Act in such
amounts as the Secretary determines: Provided further, That any
unobligated balances available from previous appropriations for
programs and activities supporting State Maritime Academies shall be
transferred to and merged with the appropriations for ``Maritime
Administration, State Maritime Academy Operations'' and shall be made
available for the same purposes.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $345,200,000: Provided, That
of the sums appropriated under this heading--
(1) $33,000,000, to remain available until expended, shall
be for maintenance, repair, life extension, and capacity
improvement of National Defense Reserve Fleet training ships in
support of State Maritime Academies, of which up to $8,060,000,
to remain available until expended, shall be for expenses
related to training mariners for costs associated with training
vessel sharing pursuant to 46 U.S.C. 51504(g)(3) for costs
associated with mobilizing, operating and demobilizing the
vessel, including travel costs for students, faculty and crew,
the costs of the general agent, crew costs, fuel, insurance,
operational fees, and vessel hire costs, as determined by the
Secretary;
(2) $300,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration, and
design of school ships;
(3) $2,400,000 shall remain available through September 30,
2021, for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2021, for direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, as amended by Public Law 113-
281, $20,000,000, to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$5,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime
Administration.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 50302 of title 46, United States Code, $225,000,000 to remain
available until expended: Provided, That projects eligible for funding
provided under this heading shall be projects for coastal seaports or
Great Lakes ports: Provided further, That the Maritime Administration
shall distribute funds provided under this heading as discretionary
grants to port authorities or commissions or their subdivisions and
agents under existing authority, as well as to a State or political
subdivision of a State or local government, a tribal government, a
public agency or publicly chartered authority established by one or
more States, a special purpose district with a transportation function,
a multistate or multijurisdictional group of entities, or a lead entity
described above jointly with a private entity or group of private
entities: Provided further, That projects eligible for funding
provided under this heading shall be either within the boundary of a
port, or outside the boundary of a port, and directly related to port
operations or to an intermodal connection to a port that will improve
the safety, efficiency, or reliability of the movement of goods into,
out of, around, or within a port, as well as the unloading and loading
of cargo at a port: Provided further, That the Federal share of the
costs for which an expenditure is made under this heading shall be up
to 80 percent: Provided further, That not to exceed 2 percent of the
funds appropriated under this heading shall be available for necessary
costs of grant administration: Provided further, That the proceeds of
Federal credit assistance under chapter 6 of title 23, United States
Code or sections 501 through 504 of the Railroad and Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as amended, shall be
considered to be part of the non-Federal share of project costs if the
loan is repayable from non-Federal funds, unless otherwise requested by
the project sponsor: Provided further, That a grant award made under
this heading may not be used to purchase fully-automated cargo handling
equipment or to otherwise facilitate fully-automated cargo handling:
Provided further, That for the purposes of the previous proviso, fully-
automated cargo handling means using equipment that is remotely
operated or remotely monitored with or without the exercise of human
intervention or control.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $23,710,000, of which $1,500,000 shall
remain available until September 30, 2022: Provided, That the
Secretary of Transportation shall issue final rules as required under
section 5(f), section 21(c), and section 23(a) of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112-90)
no later than 180 days after enactment of this Act: Provided further,
That no later than 90 days after enactment of this Act, the Secretary
of Transportation shall initiate a rulemaking on automatic and remote-
controlled shut-off valves and hazardous liquid pipeline facilities
leak detection systems as required under section 4 and section 8 of the
Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90), respectively, and shall issue a final rule no
later than one year after enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $61,000,000, to remain available until September 30,
2022: Provided, That up to $800,000 in fees collected under 49 U.S.C.
5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by 49 U.S.C. 60107, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990, $168,000,000
(increased by $1,000,000) (reduced by $1,000,000), to remain available
until September 30, 2022, of which $23,000,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $137,000,000 shall be
derived from the Pipeline Safety Fund; and of which $8,000,000 shall be
derived from fees collected under 49 U.S.C. 60302 and deposited in the
Underground Natural Gas Storage Facility Safety Account for the purpose
of carrying out 49 U.S.C. 60141: Provided, That not less than
$1,058,000 of the funds provided under this heading shall be for the
One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2022, from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C.
5116(h)(4), not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs: Provided
further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current
year obligation limitation, prior year recoveries recognized in the
current year shall be available to develop a hazardous materials
response training curriculum for emergency responders, including
response activities for the transportation of crude oil, ethanol and
other flammable liquids by rail, consistent with National Fire
Protection Association standards, and to make such training available
through an electronic format: Provided further, That the prior year
recoveries made available under this heading shall also be available to
carry out 49 U.S.C. 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $96,700,000 (increased by $1,000,000) (increased by
$1,000,000): Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902).
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 183. (a) None of the funds appropriated by this Act may be
made available for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
(b) The limitation in subsection (a) shall increase to 125
political and Presidential appointees beginning on the date on which
the Secretary announces the selection of projects to receive awards for
each of the following competitive grants, with respect to funds made
available for fiscal year 2019 for such grants--
(1) Capital investment grants as authorized and as funded
under the heading ``Office of the Secretary--National
Infrastructure Investments'' by Public Law 116-6;
(2) Grants-In-Aid for Airports as authorized by subchapter
1 of chapter 471 and subchapter 1 of chapter 475 of title 49,
United States Code, and as funded under the heading ``Federal
Aviation Administration--Grants-in-Aid for Airports'' by Public
Law 116-6;
(3) Federal-State Partnership for State of Good Repair
Grants, as authorized by section 24911 of title 49, United
States Code, and as funded under the heading ``Federal Railroad
Administration--Federal-State Partnership for State of Good
Repair'' by Public Law 116-6;
(4) Consolidated Rail Infrastructure and Safety
Improvements Grants, as authorized by section 22907 of title
49, United States Code, and as funded under the heading
``Federal Railroad Administration--Consolidated Rail
Infrastructure and Safety Improvements'' by Public Law 116-6;
(5) Restoration and Enhancement Grants, as authorized by
section 22908 of title 49, United States Code, and as funded
under the heading ``Federal Railroad Administration--
Restoration and Enhancement'' by Public Law 116-6;
(6) Magnetic levitation transportation projects consistent
with section 322 of title 23, United States Code, and as funded
under the heading ``Federal Railroad Administration--Magnetic
Levitation Technology Deployment Program'' by Public Law 116-6;
(7) Buses and bus facilities competitive grants as
authorized under section 5339(b) of title 49, United States
Code, and as funded under the heading ``Federal Transit
Administration--Transit Infrastructure Grants'' by Public Law
116-6;
(8) Low or no emission grants, as authorized under section
5339(c) of title 49, United States Code, and as funded under
the heading ``Federal Transit Administration--Transit
Infrastructure Grants'' by Public Law 116-6;
(9) Grants to qualified shipyards, as authorized under
section 54101 of title 46, United States Code, and as funded
under the heading ``Maritime Administration--Assistance to
Small Shipyards'' by Public Law 116-6; and
(10) Grants to improve port facilities, as authorized under
section 50302 of title 46, United States Code, and as funded
under the heading ``Maritime Administration--Port
Infrastructure Development Program'' by Public Law 116-6.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement is announced by the
Department or its modal administrations: Provided, That the Secretary
gives concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
(b) In addition to the notification required in subsection (a),
none of the funds made available in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, cooperative agreement or discretionary grant unless the
Secretary of Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees,
lines of credit, cooperative agreement or discretionary grants that
will be announced not less the 3 full business days before such
announcement: Provided, That the requirement to provide a list in this
subsection does not apply to any ``quick release'' of funds from the
emergency relief program: Provided further, That no list shall involve
funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002, as amended by
the Improper Payments Elimination and Recovery Act of 2010 and
Improper Payments Elimination and Recovery Improvement Act of
2012, and Fraud Reduction and Data Analytics Act of 2015:
Provided, That amounts in excess of that required for
paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available:
Provided further, That where specific project or
accounting information associated with the improper
payment or payments is not readily available, the
Secretary may credit an appropriate account, which
shall be available for the purposes and period
associated with the account so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That prior to depositing
such recovery in the Treasury, the Secretary shall
notify the House and Senate Committees on
Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'' has the same
meaning as that provided in section 2(e)(2) of Public
Law 111-204.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of said reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and said reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49,
United States Code or title 23, United States Code, utilizing
geographic, economic, or any other hiring preference not otherwise
authorized by law, or to amend a rule, regulation, policy or other
measure that forbids a recipient of a Federal Highway Administration or
Federal Transit Administration grant from imposing such hiring
preference on a contract or construction project with which the
Department of Transportation is assisting, only if the grant recipient
certifies the following--
(1) that except with respect to apprentices or trainees, a pool of
readily available but unemployed individuals possessing the knowledge,
skill, and ability to perform the work that the contract requires
resides in the jurisdiction;
(2) that the grant recipient will include appropriate provisions in
its bid document ensuring that the contractor does not displace any of
its existing employees in order to satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or delays
resulting from the use of such hiring preference does not delay or
displace any transportation project in the applicable Statewide
Transportation Improvement Program or Transportation Improvement
Program.
Sec. 192. (a) None of the funds appropriated or otherwise made
available by this Act may be used to terminate a grant or cooperative
agreement with the California High Speed Rail Authority, de-obligate
funding associated with a grant or cooperative agreement with the
California High Speed Rail Authority, or require the State of
California or the California High Speed Rail Authority to repay funding
previously obligated and expended.
(b) Subsection (a) shall apply to Cooperative Agreement No. FR-HSR-
0009-10-01-06 and any other grant or cooperative agreement with the
California High Speed Rail Authority in effect on or after enactment of
this Act.
(c) Notwithstanding the Department of Transportation Appropriations
Act, 2010 (Public Law 111-117), de-obligated funds associated with
Cooperative Agreement No. FR-HSR-0118-12-01-01--
(1) may not be made available for any purpose until the
final determination of any litigation concerning those funds;
and
(2) upon the final determination of any such litigation,
shall be made available only for high-speed rail projects under
section 26106 of title 49, United States Code, in accordance
with such section, except the Secretary of Transportation
shall--
(A) issue a Notice of Funding Opportunity for such
grants no later than 30 days after the final
determination of such litigation;
(B) require that such Notice of Funding Opportunity
shall require application submissions no later than 30
days after the issuance of such Notice;
(C) award grants no later than 60 days after the
issuance of such Notice; and
(D) require applicants to provide the Secretary
with completed documentation with respect to any
required environmental impact statements within the
application for a grant.
Sec. 193. Section 603(b) of title 23, United States Code, is
amended by striking paragraph (8) and inserting the following:
``(8) Non-federal share.--Notwithstanding paragraph
(9) and section 117(j)(2), the proceeds of a secured
loan under the TIFIA program shall be considered to be
part of the non-Federal share of project costs required
under this title or chapter 53 of title 49, if the loan
is repayable from non-Federal funds.''.
Sec. 194. Section 502(b)(3) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is amended by
striking ``only during the 4-year period beginning on the date of
enactment of the Passenger Rail Reform and Investment Act of 2015'' and
inserting ``until September 30, 2020''.
Sec. 195. (a) None of the funds appropriated by this title may be
made available to issue grants to entities that do not comply with
practices for control system procurement recommended by the United
States Department of Homeland Security's National Cybersecurity and
Communications Integration Center.
(b) The Secretary of Transportation may waive the requirement to
comply with the practices described in subsection (a) if the Secretary
finds that--
(1) requiring compliance would be inconsistent with the
public interest; and
(2) the Secretary notifies the House and Senate Committees
on Appropriations no less than 3 days before issuing a waiver
under this subsection.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,788,000
(reduced by $5,000,000) (reduced by $1,000,000), to remain available
until September 30, 2021, and of which $4,557,000 (reduced by
$4,000,000) is for the Office of the Secretary and $2,192,000 (reduced
by $1,000,000) is for the Office of Congressional and Intergovernmental
Relations: Provided, That not to exceed $20,000 of the total amount
made available under this heading shall be available to the Secretary
for official reception and representation expenses as the Secretary may
determine: Provided further, That none of the funds made available in
this title or title II of division G of Public Law 116-6 may be
reprogrammed or otherwise used to increase the appropriation provided
by this title for the Office of the Secretary or the Office of
Congressional and Intergovernmental Relations: Provided further, That
none of the funds made available by this or any other Act may be used
to detail any individual to the Office of the Secretary or the Office
of Congressional and Intergovernmental Relations: Provided further,
That none of the funds made available by this Act may be used to pay
the salary of any individual occupying a political position in the
Office of Budget: Provided further, That for the purposes of the
previous proviso, the term ``political position'' means the following:
a position described under sections 5312 through 5316 of title 5,
United States Code (relating to the Executive Schedule); a noncareer
appointment in the Senior Executive Service, as defined under paragraph
(7) of section 3132(a) of such title; a position in the executive
branch of the Government of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title 5, Code of
Federal Regulations; or any other position that has been excepted from
the competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $521,500,000 (reduced by $5,000,000) (reduced by $1,000,000)
(reduced by $2,000,000), to remain available until September 30, 2021:
Provided, That of the sums appropriated under this heading--
(1) not to exceed $52,691,000 shall be for the Office of
the Chief Financial Officer;
(2) not to exceed $95,890,000 (reduced by $1,000,000) shall
be for the Office of the General Counsel, of which not less
than $20,000,000 shall be for the Departmental Enforcement
Center;
(3) not to exceed $54,000,000 shall be for the Office of
Field Policy and Management;
(4) not to exceed $3,900,000 shall be for the Office of
Departmental Equal Employment Opportunity;
(5) not less than $55,019,000 shall be for the Office of
the Chief Information Officer; and
(6) not to exceed $260,000,000 (reduced by $5,000,000)
shall be for the Assistant Secretary for Administration:
Provided further, That funds provided under this heading may be used
for hire of passenger motor vehicles and services as authorized by 5
U.S.C. 3109: Provided further, That the Secretary shall provide the
House and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional reports:
Provided further, That the Secretary shall provide in electronic form
all signed reports required by Congress: Provided further, That not
more than 10 percent of the funds made available under this heading for
the Office of Chief Financial Officer for the financial transformation
initiative may be obligated until the Secretary submits to the House
and Senate Committees on Appropriations, for approval, a plan for
expenditure that includes the financial and internal control
capabilities to be delivered and the mission benefits to be realized,
key milestones to be met, and the relationship between the proposed use
of funds made available under this heading and the projected total cost
and scope of the initiative.
program office salaries and expenses
For necessary salaries and expenses for Program Offices,
$849,144,000 (reduced by $2,000,000), to remain available until
September 30, 2021: Provided, the amounts made available under this
heading are provided as follows--
(1) not to exceed $230,000,000 (reduced by $1,000,000)
(increased by $1,000,000) shall be available for the Office of
Public and Indian Housing, of which $10,200,000 is for: (a) the
Secretary of Housing and Urban Development for carrying out any
authorities of such Secretary under chapter 11 of subtitle B of
the Violence Against Women Act of 1994 (34 U.S.C. 12351) and
subtitle N of such Act (34 U.S.C. 12471 et seq.); (b) public
housing inspections and assessments as referred in paragraph
(2) of the heading ``Public Housing Capital Fund'' in this
title; and (c) public housing inspections, monitoring and
oversight of activities, and other assistance authorized under
title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
title I of the Housing and Community Development Act of 1974
with respect to Indian tribes (42 U.S.C. 5306(a)(1)), section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), and Tribal HUD-VASH program;
(2) not to exceed $117,000,000 shall be available for the
Office of Community Planning and Development, of which
$4,656,000 shall be for permanent positions for a disaster
recovery workforce;
(3) not to exceed $386,144,000 (reduced by $2,000,000)
shall be available for the Office of Housing, of which not less
than $12,000,000 shall be for the Office of Recapitalization;
(4) not to exceed $26,000,000 shall be available for the
Office of Policy Development and Research;
(5) not to exceed $80,000,000 shall be available for the
Office of Fair Housing and Equal Opportunity; and
(6) not to exceed $10,000,000 shall be available for the
Office of Lead Hazard Control and Healthy Homes:
Provided further, That the unobligated balances of prior year
appropriations made available under each of the accounts ``Public and
Indian Housing'', ``Community Planning and Development'', ``Housing'',
``Policy Development and Research'', ``Fair Housing and Equal
Opportunity'', and ``Office of Lead Hazard Control and Healthy Homes''
under the heading ``Department of Housing and Urban Development--
Program Office Salaries and Expenses'' shall be transferred to, and
merged with, the amounts reserved for the Office of Public and Indian
Housing, the Office of Community Planning and Development, the Office
of Housing, the Office of Policy Development and Research, the Office
of Fair Housing and Equal Opportunity, and the Office of Lead Hazard
Control and Healthy Homes, respectively, under the heading ``Department
of Housing and Urban Development--Program Office Salaries and
Expenses'' in this title.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available for Federal shared services used by
offices and agencies of the Department, and for such portion of any
office or agency's printing, records management, space renovation,
furniture, or supply services as the Secretary determines shall be
derived from centralized sources made available by the Department to
all offices and agencies and funded through the Fund: Provided, That
of the amounts made available in this title for salaries and expenses
under the headings ``Executive Offices'', ``Administrative Support
Offices'', ``Program Office Salaries and Expenses'', and ``Government
National Mortgage Association'', the Secretary shall transfer to the
Fund such amounts, to remain available until expended, as are necessary
to fund services, specified in the matter preceding the first proviso,
for which the appropriation would otherwise have been available, and
may transfer not to exceed an additional $5,000,000, in aggregate, from
all such appropriations, to be merged with the Fund and to remain
available until expended for any purpose under this heading: Provided
further, That amounts in the Fund shall be the only amounts available
to each office or agency of the Department for the services, or portion
of services, specified in the matter preceding the first proviso:
Provided further, That with respect to the Fund, the authorities and
conditions under this heading shall supplement the authorities and
conditions provided under section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $19,810,000,000 (increased by $2,000,000)
(increased by $2,000,000), to remain available until expended, shall be
available on October 1, 2019 (in addition to the $4,000,000,000
previously appropriated under this heading that shall be available on
October 1, 2019), and $4,000,000,000, to remain available until
expended, shall be available on October 1, 2020: Provided, That the
amounts made available under this heading are provided as follows--
(1) $21,400,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2020 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and Choice Neighborhoods vouchers: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount specified under this paragraph (except
as otherwise modified under this paragraph), prorate each
public housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That except as
provided in the following provisos, the entire amount specified
under this paragraph (except as otherwise modified under this
paragraph) shall be obligated to the public housing agencies
based on the allocation and pro rata method described above,
and the Secretary shall notify public housing agencies of their
annual budget by the latter of 60 days after enactment of this
Act or March 1, 2020: Provided further, That the Secretary may
extend the notification period with the prior written approval
of the House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the MTW
demonstration shall be funded pursuant to their MTW agreements
and in accordance with the requirements of the MTW program and
shall be subject to the same pro rata adjustments under the
previous provisos: Provided further, That the Secretary may
offset public housing agencies' calendar year 2020 allocations
based on the excess amounts of public housing agencies' net
restricted assets accounts, including HUD-held programmatic
reserves (in accordance with VMS data in calendar year 2019
that is verifiable and complete), as determined by the
Secretary: Provided further, That public housing agencies
participating in the MTW demonstration shall also be subject to
the offset, as determined by the Secretary, excluding amounts
subject to the single fund budget authority provisions of their
MTW agreements, from the agencies' calendar year 2020 MTW
funding allocation: Provided further, That the Secretary shall
use any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or reduce
the proration of renewal funding allocations: Provided
further, That the Secretary may utilize unobligated balances,
including recaptures and carryover, remaining from funds
appropriated under this heading from prior year appropriations
(excluding special purpose vouchers), notwithstanding the
purposes for which such amounts were appropriated, to avoid or
reduce such prorations: Provided further, That up to
$100,000,000 shall be available only: (1) for adjustments in
the allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in
renewal costs of vouchers resulting from unforeseen
circumstances or from portability under section 8(r) of the
Act; (2) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act; (3) for adjustments
for costs associated with HUD-Veterans Affairs Supportive
Housing (HUD-VASH) vouchers; (4) for adjustments in the
allocations for public housing agencies that (i) are leasing a
lower-than-average percentage of their authorized vouchers,
(ii) have low amounts of budget authority in their net
restricted assets accounts and HUD-held programmatic reserves,
relative to other agencies, and (iii) are not participating in
the Moving to Work demonstration, to enable such agencies to
lease more vouchers; (5) for public housing agencies that
despite taking reasonable cost savings measures, as determined
by the Secretary, would otherwise be required to terminate
rental assistance for families as a result of insufficient
funding; and (6) for public housing agencies that have
experienced increased costs or loss of units in an area for
which the President declared a disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 et seq.): Provided further, That the Secretary
shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
(2) $150,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act, HOPE VI and Choice Neighborhood
vouchers, mandatory and voluntary conversions, and tenant
protection assistance including replacement and relocation
assistance or for project-based assistance to prevent the
displacement of unassisted elderly tenants currently residing
in section 202 properties financed between 1959 and 1974 that
are refinanced pursuant to Public Law 106-569, as amended, or
under the authority as provided under this Act: Provided, That
when a public housing development is submitted for demolition
or disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary shall provide replacement vouchers
for all units that cease to be available as assisted housing,
subject only to the availability of funds: Provided further,
That of the amounts made available under this paragraph,
$5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the
result of: (A) the maturity of a HUD-insured, HUD-held or
section 202 loan that requires the permission of the Secretary
prior to loan prepayment; (B) the expiration of a rental
assistance contract for which the tenants are not eligible for
enhanced voucher or tenant protection assistance under existing
law; or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered by
the Secretary: Provided further, That such tenant protection
assistance made available under the previous proviso may be
provided under the authority of section 8(t) or section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)): Provided further, That the Secretary shall issue
guidance to implement the previous provisos, including, but not
limited to, requirements for defining eligible at-risk
households within 60 days of the enactment of this Act:
Provided further, That any tenant protection voucher made
available from amounts under this paragraph shall not be
reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the
initial family that received any such voucher no longer
receives such voucher, and the authority for any public housing
agency to issue any such voucher shall cease to exist:
Provided further, That the Secretary may provide section 8
rental assistance from amounts made available under this
paragraph for units assisted under a project-based subsidy
contract funded under the ``Project-Based Rental Assistance''
heading under this title where the owner has received a Notice
of Default and the units pose an imminent health and safety
risk to residents: Provided further, That to the extent that
the Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the subsidy
contract associated with such units to another project or
projects and owner or owners, any remaining amounts associated
with such units under such contract shall be recaptured and
used to reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $1,925,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $30,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs, including fees associated
with section 8 tenant protection rental assistance, the
administration of disaster related vouchers, HUD-VASH vouchers,
and other special purpose incremental vouchers: Provided, That
no less than $1,895,000,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the
calendar year 2020 funding cycle based on section 8(q) of the
Act (and related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this
paragraph are insufficient to pay the amounts determined under
the previous proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the previous proviso, utilize unobligated balances,
including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall
be funded pursuant to their MTW agreements and in accordance
with the requirements of the MTW program, and shall be subject
to the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $225,000,000 shall be for the renewal of tenant-based
assistance contracts under section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013), including
necessary administrative expenses: Provided, That
administrative and other expenses of public housing agencies in
administering the special purpose vouchers in this paragraph
shall be funded under the same terms and be subject to the same
pro rata reduction as the percent decrease for administrative
and other expenses to public housing agencies under paragraph
(3) of this heading:
(5) $5,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available for
renewal grants to recipients that received assistance under
prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the utilization
of assistance reported by grant recipients: Provided further,
That any amounts remaining after such renewal assistance is
awarded may be available for new grants to recipients eligible
to receive block grants under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.) for rental assistance and associated administrative
fees for Tribal HUD-VASH to serve Native American veterans that
are homeless or at-risk of homelessness living on or near a
reservation or other Indian areas: Provided further, That
funds shall be awarded based on need, and administrative
capacity established by the Secretary in a Notice published in
the Federal Register after coordination with the Secretary of
the Department of Veterans Affairs: Provided further, That
renewal grants and new grants under this paragraph shall be
administered in accordance with program requirements under the
Native American Housing Assistance and Self-Determination Act
of 1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such assistance: Provided further, That
grant recipients shall report to the Secretary on utilization
of such rental assistance and other program data, as prescribed
by the Secretary: Provided further, That the Secretary may
reallocate, as determined by the Secretary, amounts returned or
recaptured from awards under prior Acts;
(6) $40,000,000 (increased by $2,000,000) for incremental
rental voucher assistance for use through a supported housing
program administered in conjunction with the Department of
Veterans Affairs as authorized under section 8(o)(19) of the
United States Housing Act of 1937: Provided, That the
Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 203 (competition
provision) of this title, to public housing agencies that
partner with eligible VA Medical Centers or other entities as
designated by the Secretary of the Department of Veterans
Affairs, based on geographical need for such assistance as
identified by the Secretary of the Department of Veterans
Affairs, public housing agency administrative performance, and
other factors as specified by the Secretary of Housing and
Urban Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with the
Secretary of the Department of Veterans Affairs), any provision
of any statute or regulation that the Secretary of Housing and
Urban Development administers in connection with the use of
funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective delivery and administration of such
voucher assistance: Provided further, That assistance made
available under this paragraph shall continue to remain
available for homeless veterans upon turn-over;
(7) $40,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue
to remain available for family unification upon turnover:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program that determines that it no
longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
program: Provided further, That of the amounts made available
under this paragraph, up to $20,000,000 shall be for assistance
for youth under section 8(x) of the Act: Provided further,
That notwithstanding other laws, the Secretary shall, subject
only to the availability of funds, allocate such assistance to
any public housing agencies that (1) administer assistance
under section 8(x), or seek to administer such assistance,
consistent with procedures established by the Secretary, and
(2) have requested such assistance so that they may provide
timely assistance to eligible youth: Provided further, That
public housing agencies shall not reissue any assistance made
available from amounts under this paragraph when the initial
youth that received any such assistance no longer receives it,
unless approved by the Secretary;
(8) $25,000,000 shall be made available for the mobility
demonstration authorized under section 235 of division G of the
Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note;
Public Law 116-6; 133 Stat. 465), of which up to $5,000,000
shall be for new incremental voucher assistance and the
remainder of which shall be available to provide mobility-
related services to families with children, including pre- and
post-move counseling and rent deposits, and to offset the
administrative costs of operating the mobility demonstration:
Provided, That incremental voucher assistance made available
under this paragraph shall be for families with children
participating in the mobility demonstration and shall continue
to remain available for families with children upon turnover:
Provided further, That for any public housing agency
administering voucher assistance under the mobility
demonstration that determines that it no longer has an
identified need for such assistance upon turnover, such agency
shall notify the Secretary, and the Secretary shall recapture
such assistance from the agency and reallocate it to any other
public housing agency or agencies based on need for voucher
assistance in connection with such demonstration; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2020 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the ``Act'') $2,855,057,000, to remain available until
September 30, 2023: Provided, That the amounts made available under
this heading are provided as follows--
(1) notwithstanding any other provision of law or
regulation, during fiscal year 2020, the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future;
(2) $28,000,000 shall be to support ongoing public housing
financial and physical assessment activities, pilot a new
physical inspection process, and implement the recommendations
made in the March 2019 Government Accountability Office (GAO)
report ``Real Estate Inspection Center: HUD should Improve
Physical Inspection Process and Oversight of Inspectors'' (GAO-
19-254);
(3) up to $16,000,000 shall be to support the costs of
administrative and judicial receiverships;
(4) not to exceed $30,000,000 shall be available for the
Secretary to make grants, notwithstanding section 203 of this
Act, to public housing agencies for emergency capital needs
including safety and security measures necessary to address
crime and drug-related activity as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters
excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
2020: Provided further, That of the amount made available under
this paragraph, not less than $10,000,000 shall be for safety
and security measures: Provided further, That in addition to
the amount in the previous proviso for such safety and security
measures, any amounts that remain available, after all
applications received on or before September 30, 2021, for
emergency capital needs have been processed, shall be allocated
to public housing agencies for such safety and security
measures;
(5) Provided further, That for funds provided under this
heading, the limitation in section 9(g)(1) of the Act shall be
25 percent: Provided further, That the Secretary may waive the
limitation in the previous proviso to allow public housing
agencies to fund activities authorized under section 9(e)(1)(C)
of the Act: Provided further, That the Secretary shall notify
public housing agencies requesting waivers under the previous
proviso if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds
made available under this heading, the Secretary shall provide
bonus awards in fiscal year 2020 to public housing agencies
that are designated high performers: Provided further, That the
Department shall notify public housing agencies of their
formula allocation within 60 days of enactment of this Act;
(6) $25,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce lead-based
paint hazards in public housing by carrying out the activities
of risk assessments, abatement, and interim controls (as those
terms are defined in section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)): Provided
further, That for purposes of environmental review, a grant
under this paragraph shall be considered funds for projects or
activities under title I of the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of
such Act (42 U.S.C. 1437x) and shall be subject to the
regulations implementing such section; and
(7) $25,000,000 shall be available for competitive grants
to public housing agencies for activities authorized under the
Healthy Homes Initiative, pursuant to sections 501 and 502 of
the Housing and Urban Development Act of 1970, which shall
include research, studies, testing, and demonstration efforts,
including education and outreach concerning mold, carbon
monoxide poisoning, and other housing-related diseases and
hazards.
public housing operating fund
For 2020 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,753,116,000,
to remain available until September 30, 2021.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $300,000,000, to remain available until September 30, 2023:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, tribal entities, public housing authorities, and
nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public housing
agency under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject to the
regulations issued by the Secretary to implement such section:
Provided further, That of the amount provided, not less than
$150,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other local
organizations including assisted housing owners, service agencies, and
resident organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor, Transportation,
Health and Human Services, Agriculture, and Commerce, the Attorney
General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That no more than $5,000,000 of funds made available
under this heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community: Provided
further, That unobligated balances, including recaptures, remaining
from funds appropriated under the heading ``Revitalization of Severely
Distressed Public Housing (HOPE VI)'' in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were appropriated:
Provided further, That the Secretary shall issue the Notice of Funding
Availability for funds made available under this heading no later than
120 days after enactment of this Act: Provided further, That the
Secretary shall make grant awards no later than one year from the date
of enactment of this Act in such amounts that the Secretary determines:
Provided further, That notwithstanding section 24(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may,
until September 30, 2023, obligate any available unobligated balances
made available under this heading in this, or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2023, $150,000,000 (increased
by $5,000,000): Provided, That the amounts made available under this
heading are provided as follows--
(1) $100,000,000 (increased by $5,000,000) shall be for the
Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States
Housing Act of 1937 (42 U.S.C. 1437u), to promote the
development of local strategies to coordinate the use of
assistance under sections 8 and 9 of such Act with public and
private resources, and enable eligible families to achieve
economic independence and self-sufficiency: Provided, That the
Secretary may, by Federal Register notice, waive or specify
alternative requirements under subsections (b)(3), (b)(4),
(b)(5), or (c)(1) of section 23 of such Act in order to
facilitate the operation of a unified self-sufficiency program
for individuals receiving assistance under different provisions
of the Act, as determined by the Secretary: Provided further,
That owners of a privately owned multifamily property with a
section 8 contract may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such
property in accordance with procedures established by the
Secretary: Provided further, That such procedures established
pursuant to the previous proviso shall permit participating
tenants to accrue escrow funds in accordance with section
23(d)(2) and shall allow owners to use funding from residual
receipt accounts to hire coordinators for their own Family
Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative,
modeled after the Jobs-Plus demonstration: Provided, That
funding provided under this paragraph shall be available for
competitive grants to partnerships between public housing
authorities, local workforce investment boards established
under section 107 of the Workforce Innovation and Opportunity
Act of 2014 (29 U.S.C. 3122), and other agencies and
organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus initiative as
a voluntary program for residents: Provided further, That the
Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice: Provided further, That for funds provided under this
paragraph, the limitation in section 9(g)(1) of the United
States Housing Act of 1937 shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
previous proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of such Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the previous proviso
if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds
made available under this heading, the Secretary shall provide
bonus awards in fiscal year 2020 to public housing agencies
that are designated high performers: Provided further, That the
Department shall notify public housing agencies of their
formula allocation within 60 days of enactment of this Act.
native american programs
(including transfer of funds)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing and
Community Development Act of 1974 with respect to Indian tribes (42
U.S.C. 5306(a)(1)), and related training and technical assistance,
$855,000,000 (increased by $5,000,000), to remain available until
September 30, 2024, unless otherwise specified: Provided, That amounts
made available under this heading are provided as follows--
(1) $671,000,000 shall be for the Native American Housing
Block Grants program, as authorized under title I of NAHASDA:
Provided, That, notwithstanding NAHASDA, to determine the
amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on
single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Department
shall notify grantees of their formula allocation within 60
days of the date of enactment of this Act;
(2) $2,000,000 shall be for the cost of guaranteed notes
and other obligations, as authorized by title VI of NAHASDA:
Provided, That such costs, including the costs of modifying
such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $32,000,000;
(3) $100,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That the Secretary shall
obligate this additional amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding this additional
amount, the Secretary shall consider need and administrative
capacity, and shall give priority to projects that will spur
construction and rehabilitation: Provided further, That a
grant funded pursuant to this paragraph shall be not greater
than $10,000,000: Provided further, That up to 1 percent of
this additional amount may be transferred, in aggregate, to the
Office of Public and Indian Housing under paragraph (1) of the
heading ``Program Office Salaries and Expenses'' for necessary
costs of administering and overseeing the obligation and
expenditure of this additional amount: Provided further, That
any funds transferred pursuant to this paragraph shall remain
available until September 30, 2025;
(4) $75,000,000 (increased by $5,000,000) shall be for
grants to Indian tribes for carrying out the Indian Community
Development Block Grant program under title I of the Housing
and Community Development Act of 1974, notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 203 of this Act), up to
$5,000,000 may be used for emergencies that constitute imminent
threats to health and safety: Provided, That not to exceed 20
percent of any grant made with funds appropriated under this
paragraph shall be expended for planning and management
development and administration: Provided further, That funds
provided under this paragraph shall remain available until
September 30, 2022; and
(5) $7,000,000 shall be for providing training and
technical assistance to Indian tribes, Indian housing
authorities and tribally designated housing entities, to
support the inspection of Indian housing units, contract
expertise, and for training and technical assistance related to
funding provided under this heading and other headings under
this Act for the needs of Native American families and Indian
country: Provided, That of the funds made available under this
paragraph, not less than $2,000,000 shall be available for a
national organization as authorized under section 703 of
NAHASDA (25 U.S.C. 4212): Provided further, That
notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
amounts made available under this paragraph may be used by the
Secretary to enter into cooperative agreements with public and
private organizations, agencies, institutions, and other
technical assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under
section 302 of NAHASDA (25 U.S.C. 4152), and the administration
of performance tracking and reporting under section 407 of
NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $2,500,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, up to
$1,000,000,000, to remain available until expended: Provided further,
That up to $500,000 of this amount may be for administrative contract
expenses including management processes and systems to carry out the
loan guarantee program.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,500,000, to
remain available until September 30, 2024: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts provided under this heading in
investment securities and other obligations: Provided further, That
amounts made available under this heading in this and prior fiscal
years may be used to provide rental assistance to eligible Native
Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $410,000,000, to remain available until September 30,
2021, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2022: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(5)
of such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided further,
That the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For carrying out the community development block grant program
under title I of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5301 et seq.)(``the Act'' herein), $3,600,000,000,
to remain available until September 30, 2022, unless otherwise
specified: Provided, That unless explicitly provided for under this
heading, not to exceed 20 percent of any grant made with funds
appropriated under this heading shall be expended for planning and
management development and administration: Provided further, That a
metropolitan city, urban county, unit of general local government, or
insular area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any portion
of such funds to another such entity in exchange for any other funds,
credits or non-Federal considerations, but must use such funds for
activities eligible under title I of the Act: Provided further, That
notwithstanding section 105(e)(1) of the Act, no funds provided under
this heading may be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless such project has
been evaluated and selected in accordance with guidelines required
under subsection (e)(2): Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of enactment
of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2020, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the previous proviso shall distribute all funds subject to such
guarantee to the units of general local government in nonentitlement
areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,750,000,000, to remain available until September 30, 2023:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act (42 U.S.C. 12746(10), 12747(b)(4)) shall not
apply to allocations of such amount: Provided further, That the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act: Provided further, That section 218(g)
of such Act (42 U.S.C. 12748(g)) shall not apply with respect to the
right of a jurisdiction to draw funds from its HOME Investment Trust
Fund that otherwise expired or would expire in 2016, 2017, 2018, 2019,
2020, 2021, or 2022 under that section: Provided further, That section
231(b) of such Act (42 U.S.C. 12771(b)) shall not apply to any
uninvested funds that otherwise were deducted or would be deducted from
the line of credit in the participating jurisdiction's HOME Investment
Trust Fund in 2018, 2019, 2020, 2021, or 2022 under that section and
the funds shall be invested only in housing to be developed, sponsored,
or owned by community housing development organizations.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended, $55,000,000, to remain available
until September 30, 2022: Provided, That of the total amount provided
under this heading, $10,000,000 shall be made available to the Self-
Help Homeownership Opportunity Program as authorized under section 11
of the Housing Opportunity Program Extension Act of 1996, as amended:
Provided further, That of the total amount provided under this heading,
$40,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the total amount provided under
this heading, $5,000,000 shall be made available for capacity building
by national rural housing organizations with experience assessing
national rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits, local
governments, and Indian Tribes serving high need rural communities.
homeless assistance grants
For the Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the Continuum of Care program as authorized under subtitle
C of title IV of such Act; and the Rural Housing Stability Assistance
program as authorized under subtitle D of title IV of such Act,
$2,800,000,000 (increased by $5,000,000) (reduced by $1,000,000)
(increased by $1,000,000) (increased by $1,000,000), to remain
available until September 30, 2022: Provided, That not less than
$290,000,000 of the funds appropriated under this heading shall be
available for such Emergency Solutions Grants program: Provided
further, That not less than $2,344,000,000 of the funds appropriated
under this heading shall be available for such Continuum of Care and
Rural Housing Stability Assistance programs: Provided further, That of
the amounts made available under this heading, up to $50,000,000 shall
be made available for grants for rapid re-housing projects and
supportive service projects providing coordinated entry, and for
eligible activities the Secretary determines to be critical in order to
assist survivors of domestic violence, sexual assault, dating violence,
and stalking: Provided further, That such projects shall be eligible
for renewal under the continuum of care program subject to the same
terms and conditions as other renewal applicants: Provided further,
That up to $7,000,000 of the funds appropriated under this heading
shall be available for the national homeless data analysis project:
Provided further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and prior fiscal
years, a grantee may use (or could have used) as a source of match
funds other funds administered by the Secretary and other Federal
agencies unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That none of the
funds provided under this heading shall be available to provide funding
for new projects, except for projects created through reallocation,
unless the Secretary determines that the continuum of care has
demonstrated that projects are evaluated and ranked based on the degree
to which they improve the continuum of care's system performance:
Provided further, That the Secretary shall prioritize funding under the
Continuum of Care program to continuums of care that have demonstrated
a capacity to reallocate funding from lower performing projects to
higher performing projects: Provided further, That all awards of
assistance under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health, social
services, and employment programs for which homeless populations may be
eligible: Provided further, That any unobligated amounts remaining
from funds appropriated under this heading in fiscal year 2012 and
prior years for project-based rental assistance for rehabilitation
projects with 10-year grant terms may be used for purposes under this
heading, notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for Shelter Plus
Care renewals previously funded from the Shelter Plus Care Renewal
account and transferred to this account shall be available, if
recaptured, for Continuum of Care renewals in fiscal year 2020:
Provided further, That the Department shall notify grantees of their
formula allocation from amounts allocated (which may represent initial
or final amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further, That up to
$100,000,000 (increased by $5,000,000) of the funds appropriated under
this heading shall be to implement projects to demonstrate how a
comprehensive approach to serving homeless youth, age 24 and under, in
up to 25 communities can dramatically reduce youth homelessness:
Provided further, That of the amount made available under the previous
proviso, up to $10,000,000 (increased by $5,000,000) shall be available
to provide technical assistance on improving system responses to youth
homelessness, and collection, analysis, use, and reporting of data and
performance measures under the comprehensive approaches to serve
homeless youth, in addition to and in coordination with other technical
assistance funds provided under this title: Provided further, That the
Secretary may use up to 10 percent of the amount made available under
the previous proviso to build the capacity of current technical
assistance providers or to train new technical assistance providers
with verifiable prior experience with systems and programs for youth
experiencing homelessness: Provided further, That such projects shall
be eligible for renewal under the continuum of care program subject to
the same terms and conditions as other renewal applicants: Provided
further, That youth aged 24 and under seeking assistance under this
heading shall not be required to provide third party documentation to
establish their eligibility under 42 U.S.C. 11302(a) or (b) to receive
services: Provided further, That unaccompanied youth aged 24 and under
or families headed by youth aged 24 and under who are living in unsafe
situations may be served by youth-serving providers funded under this
heading: Provided further, That the Secretary shall consider and award
projects based solely on the selection criteria from the fiscal year
2018 Notice of Funding Availability.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$12,190,000,000, to remain available until expended, shall be available
on October 1, 2019 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2019),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2020: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $345,000,000 shall
be available for performance-based contract administrators for section
8 project-based assistance, for carrying out 42 U.S.C. 1437(f):
Provided further, That the Secretary may also use such amounts in the
previous proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
under this heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', may be used for
renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance
Payments contract that authorizes HUD or a Housing Finance Agency to
require that surplus project funds be deposited in an interest-bearing
residual receipts account and that are in excess of an amount to be
determined by the Secretary, shall be remitted to the Department and
deposited in this account, to be available until expended: Provided
further, That amounts deposited pursuant to the previous proviso shall
be available in addition to the amount otherwise provided by this
heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, for project rental assistance for
the elderly under section 202(c)(2) of such Act, including amendments
to contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, for senior preservation rental
assistance contracts, including renewals, as authorized by section
811(e) of the American Housing and Economic Opportunity Act of 2000, as
amended, and for supportive services associated with the housing,
$803,000,000 (increased by $1,000,000), to remain available until
September 30, 2023: Provided, That of the amount provided under this
heading, up to $95,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for residents of
assisted housing projects: Provided further, That amounts under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
202 projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration: Provided further,
That upon request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a section 202
project rental assistance contract and, upon termination of such
contract, are in excess of an amount to be determined by the Secretary
shall be remitted to the Department and deposited in this account, to
remain available until September 30, 2023: Provided further, That
amounts deposited in this account pursuant to the previous proviso
shall be available, in addition to the amounts otherwise provided by
this heading, for amendments and renewals: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
available for amendments and renewals in addition to the purposes for
which such funds originally were appropriated: Provided further, That
of the total amount provided under this heading, $10,000,000, shall be
for a program to be established by the Secretary to make grants to
experienced non-profit organizations, States, local governments, or
public housing agencies for safety and functional home modification
repairs to meet the needs of low-income elderly persons to enable them
to remain in their primary residence: Provided further, That of the
total amount made available under the previous proviso, no less than
$5,000,000 shall be available to meet such needs in communities with
substantial rural populations.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended, for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667), including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term, for
project rental assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of the
Cranston-Gonzalez National Housing Act, and for supportive services
associated with the housing for persons with disabilities as authorized
by section 811(b)(1) of such Act, $258,510,000, to remain available
until September 30, 2023: Provided, That amounts made available under
this heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
811 projects: Provided further, That, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance
contract and, upon termination of such contract, are in excess of an
amount to be determined by the Secretary shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2023: Provided further, That amounts deposited in this
account pursuant to the previous proviso shall be available in addition
to the amounts otherwise provided by this heading for amendments and
renewals: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be used for amendments and
renewals in addition to the purposes for which such funds originally
were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $60,000,000, to remain available until September
30, 2021, including up to $4,500,000 for administrative contract
services: Provided, That grants made available from amounts provided
under this heading shall be awarded within 180 days of enactment of
this Act: Provided further, That funds shall be used for providing
counseling and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial management
or literacy, and such other matters as may be appropriate to assist
them in improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor training:
Provided further, That for purposes of providing such grants from
amounts provided under this heading, the Secretary may enter into
multiyear agreements, as appropriate, subject to the availability of
annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided,
noninsured rental housing projects, $3,000,000, to remain available
until expended: Provided, That such amount, together with unobligated
balances from recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover, remaining
from funds appropriated under this heading after fiscal year 2005,
shall also be available for extensions of up to one year for expiring
contracts under such sections of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $12,400,000 (increased by $500,000), to remain
available until expended, of which $12,400,000 (increased by $500,000)
is to be derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2020 so as to result in a final fiscal year 2020
appropriation from the general fund estimated at zero, and fees
pursuant to such section 620 shall be modified as necessary to ensure
such a final fiscal year 2020 appropriation: Provided further, That
for the dispute resolution and installation programs, the Secretary of
Housing and Urban Development may assess and collect fees from any
program participant: Provided further, That such collections shall be
deposited into the Fund, and the Secretary, as provided herein, may use
such collections, as well as fees collected under section 620, for
necessary expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act, the
Secretary may carry out responsibilities of the Secretary under such
Act through the use of approved service providers that are paid
directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2021: Provided, That during
fiscal year 2020, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $130,000,000,
to remain available until September 30, 2021: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2020, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2020 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero:
Provided further, That for fiscal year 2020, the Secretary shall not
take any action against a lender solely on the basis of compare ratios
that have been adversely affected by defaults on mortgages secured by
properties in areas where a major disaster was declared in 2017 or 2018
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2021: Provided,
That during fiscal year 2020, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $550,000,000,000, to remain available until
September 30, 2021: Provided, That $27,000,000, to remain available
until September 30, 2021, shall be for necessary salaries and expenses
of the Office of Government National Mortgage Association: Provided
further, That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2020, an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as amended, shall be
credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, as
authorized by title V of the Housing and Urban Development Act of 1970
(12 U.S.C. 1701z-1 et seq.), including carrying out the functions of
the Secretary of Housing and Urban Development under section 1(a)(1)(i)
of Reorganization Plan No. 2 of 1968, and for technical assistance,
$98,000,000 (increased by $1,500,000) (reduced by $1,500,000), to
remain available until September 30, 2021: Provided, That the amounts
made available under this heading may be used for the types of research
and studies otherwise provided for and authorized elsewhere under this
title: Provided further, That with respect to amounts made available
under this heading, notwithstanding section 203 of this title, the
Secretary may enter into cooperative agreements funded with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, That with respect to the previous proviso, such
partners to the cooperative agreements must contribute at least a 50
percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
previous two provisos, the Secretary of Housing and Urban Development
shall comply with section 2(b) of the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in
lieu of compliance with section 102(a)(4)(C) with respect to
documentation of award decisions: Provided further, That prior to
obligation of technical assistance funding, the Secretary shall submit
a plan, for approval, to the House and Senate Committees on
Appropriations on how it will allocate funding for this activity:
Provided further, That none of the funds provided under this heading
may be available for the doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$75,300,000, to remain available until September 30, 2021: Provided,
That grants made available from amounts provided under this heading
shall be awarded within 120 days of enactment of this Act: Provided
further, That notwithstanding 31 U.S.C. 3302, the Secretary may assess
and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop on-line courses and provide
such training: Provided further, That of the funds made available
under this heading, up to $450,000 shall be available to the Secretary
of Housing and Urban Development for the creation and promotion of
translated materials and other programs that support the assistance of
persons with limited English proficiency in utilizing the services
provided by the Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$290,000,000, to remain available until September 30, 2022, of which
$56,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
which shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, or the Lead Technical Studies program
under this heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That not
less than $95,000,000 of the amounts made available under this heading
for the award of grants pursuant to section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 shall be provided to
areas with the highest lead-based paint abatement needs: Provided
further, That of the amount made available for the Healthy Homes
Initiative, $5,000,000 shall be for the implementation of projects in
up to five communities that are served by both the Healthy Homes
Initiative and Department of Energy weatherization programs to
demonstrate whether the coordination of Healthy Homes remediation
activities with weatherization activities achieves cost savings and
better outcomes in improving the safety and quality of homes: Provided
further, That each applicant shall certify adequate capacity that is
acceptable to the Secretary to carry out the proposed use of funds
pursuant to a notice of funding availability: Provided further, That
amounts made available under this heading in this or prior
appropriations Acts, still remaining available, may be used for any
purpose under this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is undersubscribed
and there are other program competitions under this heading that are
oversubscribed.
Cybersecurity and Information Technology Fund
For the mitigation against the exploitation of information
technology systems and personally identifiable information; for the
development, modernization, and enhancement of, modifications to, and
infrastructure for Department-wide and program-specific information
technology systems, and for the continuing operation and maintenance of
both Department-wide and program-specific information systems, and for
program-related maintenance activities, $300,000,000 (reduced by
$5,000,000), to remain available until September 30, 2021, of which
$20,000,000 may be used for single family information technology
systems of the Federal Housing Administration: Provided, That any
amounts transferred to this Fund under this Act shall remain available
until expended: Provided further, That any amounts transferred to this
Fund from amounts appropriated by previously enacted appropriations
Acts may be used for the purposes specified under this Fund, in
addition to any other information technology purposes for which such
amounts were appropriated: Provided further, That not more than 10
percent of the funds made available under this heading for development,
modernization and enhancement may be obligated until the Secretary
submits to the House and Senate Committees on Appropriations, for
approval, a plan for expenditure that: (A) identifies for each
modernization project: (i) the functional and performance capabilities
to be delivered and the mission benefits to be realized; (ii) the
estimated life-cycle cost; and (iii) key milestones to be met; and (B)
demonstrates that each modernization project is: (i) compliant with the
Department's enterprise architecture; (ii) being managed in accordance
with applicable life-cycle management policies and guidance; (iii)
subject to the Department's capital planning and investment control
requirements; and (iv) supported by an adequately staffed project
office.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$132,489,000 (reduced by $2,000,000) (increased by $2,000,000):
Provided, That the Inspector General shall have independent authority
over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2020 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2020 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 208. The President's formal budget request for fiscal year
2021, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees
on Appropriations of the House of Representatives and the Senate, shall
use the identical account and sub-account structure provided under this
Act.
Sec. 209. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 210. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2020 and
2021, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and
the net dollar amount of Federal assistance provided to
the transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom
sizes to meet current market demands, as determined by
the Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959, as amended by section 801 of
the Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act;
or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act;
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959; and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 212. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 213. Notwithstanding any other provision of law, in fiscal
year 2020, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of: (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section
524 of the Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described under this section,
the contract and allowable rent levels on such properties shall be
subject to the requirements under section 524 of MAHRAA.
Sec. 214. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule: Provided, That
an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management
requirements.
Sec. 215. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing agency may not use capital funds
authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 216. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'' and ``Administrative Support Offices'', as well
as each paragraph receiving appropriations under the heading ``Program
Office Salaries and Expenses'', ``Government National Mortgage
Association--Guarantees of Mortgage-Backed Securities Loan Guarantee
Program Account'', and ``Office of Inspector General'' within the
Department of Housing and Urban Development.
Sec. 217. The Secretary of the Department of Housing and Urban
Development shall, for fiscal year 2020, notify the public through the
Federal Register and other means, as determined appropriate, of the
issuance of a notice of the availability of assistance or notice of
funding availability (NOFA) for any program or discretionary fund
administered by the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year 2020, the
Secretary may make the NOFA available only on the Internet at the
appropriate Government web site or through other electronic media, as
determined by the Secretary.
Sec. 218. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as
a separate line item request. No funds provided in this title may be
used to pay any such litigation costs for attorney fees until the
Department submits for review a spending plan for such costs to the
House and Senate Committees on Appropriations.
Sec. 219. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the heading ``Administrative Support Offices'' or for any
paragraph under the heading ``Program Office Salaries and Expenses'' to
any other such office or account: Provided, That no appropriation for
any such office or account shall be increased or decreased by more than
10 percent or $5,000,000, whichever is less, without prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide notification to such
Committees three business days in advance of any such transfers under
this section up to 10 percent or $5,000,000, whichever is less.
Sec. 220. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary of Housing and Urban Development (in this section
referred to as the ``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or regulations
relating to the physical condition of any property covered under a
housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection, the
Secretary must provide the owner with a Notice of Default with a
specified timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary must also provide a copy of the Notice of
Default to the tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a UPCS score
of 60 or above, the Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees on
Appropriations no later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
Sec. 221. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2020.
Sec. 222. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
Sec. 223. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 224. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 225. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 226. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 227. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113,
and such authorities as are enacted for Performance Partnership Pilots
in an appropriations Act for fiscal year 2019: Provided, That such
participation shall be limited to no more than 10 continuums of care
and housing activities to improve outcomes for disconnected youth.
Sec. 228. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 and subsequent
fiscal years for the continuum of care (CoC) program as authorized
under subtitle C of title IV of the McKinney-Vento Homeless Assistance
Act, costs paid by program income of grant recipients may count toward
meeting the recipient's matching requirements, provided the costs are
eligible CoC costs that supplement the recipient's CoC program.
Sec. 229. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) No more than 50 percent of each transition grant may be used
for costs of eligible activities of the program component originally
funded.
(c) Transition grants made under this section are eligible for
renewal in subsequent fiscal years for the eligible activities of the
new program component.
(d) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care and
meet standards determined by the Secretary.
Sec. 230. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 231. (a) Establishment of Fund.--There is hereby established
in the Treasury of the United States a fund to be known as HUD HAG Fund
(in this section referred to as the ``Fund'').
(b) Credits to Fund.--
(1) Future transfers.--Unobligated balances of recaptured
funds (except for amounts necessary for grant amount
corrections) appropriated by any Act in this or any subsequent
fiscal year under the account for ``Department of Housing and
Urban Development--Community Planning and Development--Homeless
Assistance Grants'' (in this section referred to as the ``HAG
account'') shall be transferred into the Fund.
(2) Rescission and availability of fiscal year 2018
amounts.--Of any amounts appropriated under the HAG account by
the Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2018 (division L of Public Law
115-141), 90 percent of any balances remaining unobligated as
of September 1, 2020, are hereby rescinded, and an amount of
additional new budget authority equivalent to the amount
rescinded is hereby appropriated and shall be transferred to
the Fund.
(c) Purposes.--Amounts transferred to the Fund shall be available
until expended, and in addition to such other funds as may be available
for such purposes, only for the following purposes:
(1) For grants under the Continuum of Care program under
subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.).
(2) For grants under the Emergency Solutions Grant program
under subtitle B of title IV of such Act (42 U.S.C. 11371 et
seq.).
(3) Not less than 10 percent of amounts transferred to the
Fund shall be used only for grants, as established and
determined by the Secretary, in rural areas.
(4) Not less than 10 percent of amounts transferred to the
Fund shall be used for grants, as established and determined by
the Secretary, only pursuant to the declaration of a major
disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in the most
impacted and distressed areas resulting from such disaster.
(d) Transfer for Use.--
(1) Amounts in the Fund shall be transferred to the HAG
account before obligation and expenditure.
(2) Amounts in the Fund may be transferred to the HAG
account only after the expiration of the 15-day period
beginning upon the day that the Secretary of Housing and Urban
Development submits written notice to the Committees on
Appropriations of the House of Representatives and the Senate
of the planned use of such transferred amounts, except that
amounts transferred for the purposes specified in subsection
(c)(4) may be transferred with concurrent written notice to
such Committees.
Sec. 232. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary of Housing and Urban Development in prior fiscal
years, shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 233. None of the funds made available by this Act may be used
to establish and apply review criteria, including rating factors or
preference points, for participation in or coordination with EnVision
Centers, in the evaluation, selection, and award of any funds made
available and requiring competitive selection under this Act, except
with respect to any such funds otherwise authorized for EnVision Center
purposes under this Act.
Sec. 234. None of the funds made available to the Department of
Housing and Urban Development by this or any other Act may be used to
implement, administer, enforce, or in any way make effective the
proposed rule entitled ``Housing and Community Development Act of 1980:
Verification of Eligible Status'', issued by the Department of Housing
and Urban Development on May 10, 2019 (Docket No. FR-6124-P-01), or any
final rule based substantially on such proposed rule.
Sec. 235. (a) The Secretary of Housing and Urban Development shall
make available to grantees under programs included under the
Department's Consolidated Planning Process, not later than the
expiration of the 90-day period beginning on the date of the enactment
of this Act, the prepopulated up-to-date housing and economic data and
data for both broadband and resilience assessment requirements, as
referred to in the HUD Response to the third comment under section
III.A. of the Supplementary Information included with the final rule
entitled ``Modernizing HUD's Consolidated Planning Process To Narrow
the Digital Divide and Increase Resilience to Natural Hazards'',
published by the Department of Housing and Urban Development in the
Federal Register on Friday, December 16, 2016 (81 Fed. Reg. 91000).
(b) The Secretary of Housing and Urban Development shall require
such grantees to incorporate the broadband and resilience components
into the Consolidated Plan process not later than the expiration of the
270-day period beginning on the date of the enactment of this Act.
Sec. 236. None of the funds made available to the Department of
Housing and Urban Development by this or any other Act may be used to
implement, administer, enforce, or in any way make effective any rule
making any change to the rule entitled ``Equal Access in Accordance
With an Individual's Gender Identity in Community Planning and
Development Programs'' published by the Department of Housing and Urban
Development in the Federal Register on September 21, 2016 (81 Fed. Reg.
64763) or to the rule entitled ``Equal Access to Housing in HUD
Programs Regardless of Sexual Orientation or Gender Identity''
published by such Department in the Federal Register on February 3,
2012 (77 Fed. Reg. 5662).
Sec. 237. Notwithstanding any other provision of law, the notice
issued by the Department of Housing and Urban Development on February
20, 2015, and entitled ``Appropriate Placement for Transgender Persons
in Single-Sex Emergency Shelters and Other Facilities'' (Notice CPD-15-
02) shall have the force and effect of law.
Sec. 238. The Secretary of Housing and Urban Development may not,
in this fiscal year or any fiscal year thereafter, implement, require,
enforce, or otherwise make effective any change, amendment, or
alteration to any term or condition of the Annual Contributions
Contract between the Secretary and any public housing agency, as such
contract was in effect as of January 1, 2018, unless such change,
amendment, or alteration is made pursuant to a rule issued after notice
and an opportunity for public comment and in accordance with the
procedure under section 553 of title 5, United States Code, applicable
to substantive rules.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2020''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $8,400,000
(increased by $800,000): Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation funds
received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5
U.S.C. 5901-5902, $28,000,000: Provided, That not to exceed $2,000
shall be available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $23,274,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the President's
budget request for fiscal year 2021, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2021 in similar format and substance to those submitted
by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $170,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2020, to
result in a final appropriation from the general fund estimated at no
more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,100,000, to remain available until September 30, 2021.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2020, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the joint explanatory statement
accompanying this Act, whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days after
the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations
of the Senate and of the House of Representatives to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and
activity as detailed in this Act, the table
accompanying the explanatory statement accompanying
this Act, accompanying reports of the House and Senate
Committee on Appropriations, or in the budget appendix
for the respective appropriations, whichever is more
detailed, and shall apply to all items for which a
dollar amount is specified and to all programs for
which new budget (obligational) authority is provided,
as well as to discretionary grants and discretionary
grant allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2020 from appropriations made available for salaries
and expenses for fiscal year 2020 in this Act, shall remain available
through September 30, 2021, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and
Urban Development, or any other Federal agency to lease or purchase new
light duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 418. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner. A department or agency shall not
withhold or delay access by the Inspector General in order to conduct
internal reviews of responsive documents, nor shall privileges
preventing release of agency documents to third parties be a basis for
withholding or delaying access to the Inspector General.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement. Within 5 calendar days of the Inspector General's report,
the department or agency will provide the Committees on Appropriations
of the House of Representatives and the Senate with an accounting of
timeframe and efforts by the agency to provide OIG access.
Sec. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 420. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
Sec. 421. Any reference to a ``report accompanying this Act''
contained in this division shall be treated as a reference to House
Report 116-106. The effect of such Report shall be limited to this
division and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, this division.
Sec. 422. None of the funds made available by this Act may be used
in contravention of section 5309(d)(2) of title 49, United States Code.
Sec. 423. None of the funds made available by this division may be
used to issue rules or guidance in contravention of section 1210 of
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 424. None of the funds made available by this Act may be used
in contravention of Executive Order No. 13858.
Sec. 425. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 426. None of the funds made available by this division may be
used to deny eligibility of a single family mortgage for insurance
under title II of the National Housing Act on the basis of the status
of the mortgagor as an alien in deferred action status pursuant to the
Deferred Action for Childhood Arrivals (`DACA') Program announced by
the Secretary of Homeland Security on June 15, 2012.
Sec. 427. None of the funds made available by this division may be
used in contravention of section 2635.702 of title 5, Code of Federal
Regulations.
Sec. 428. None of the funds made available by this Act may be used
to carry out section 4(b) of Executive Order No. 13868 or to issue a
special permit under section 107.105 of title 49, Code of Federal
Regulations, that allows liquified natural gas to move by rail tank
car.
This Act may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2020''.
DIVISION F--FAIR COMPENSATION FOR LOW-WAGE CONTRACTOR EMPLOYEES ACT OF
2019
SECTION 1. SHORT TITLE.
This division may be cited as the ``Fair Compensation for Low-Wage
Contractor Employees Act of 2019''.
SEC. 2. APPROPRIATION.
There is hereby appropriated, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary, to remain
available until expended, for each Federal agency subject to the lapse
in appropriations that began on or about December 22, 2018, for
adjustments in the price of contracts of such agency under section 3.
SEC. 3. BACK COMPENSATION FOR LOW-WAGE EMPLOYEES OF GOVERNMENT
CONTRACTORS IN CONNECTION WITH THE LAPSE IN
APPROPRIATIONS.
(a) In General.--Each Federal agency subject to the lapse in
appropriations that began on or about December 22, 2018, shall adjust
the price of any contract of such agency for which the contractor was
ordered to suspend, delay, or interrupt all or part of the work of such
contract, or stop all or any part of the work called for in such
contract, as a result of the lapse in appropriations to compensate the
contractor for reasonable costs incurred--
(1) to provide compensation, at an employee's standard rate
of compensation, to any employee who was furloughed or laid
off, or who was not working, who experienced a reduction of
hours, or who experienced a reduction in compensation, as a
result of the lapse in appropriations (for the period of the
lapse); or
(2) to restore paid leave taken by any employee during the
lapse in appropriations, if the contractor required employees
to use paid leave as a result of the lapse in appropriations.
(b) Limitation on Amount of Weekly Compensation Covered by
Adjustment.--The maximum amount of weekly compensation of an employee
for which an adjustment may be made under subsection (a) may not exceed
the lesser of--
(1) the employee's actual weekly compensation; or
(2) $965.
(c) Timing of Adjustments.--The adjustments required by subsection
(a) shall be made as soon as practicable after the enactment of this
Act.
(d) Definitions.--In this section:
(1) The term ``compensation'' has the meaning given that
term in section 6701 of title 41, United States Code.
(2) The term ``employee'' means the following:
(A) A ``service employee'' as that term is defined
in section 6701(3) of title 41, United States Code,
except that the term also includes service employees
described in subparagraph (C) of that section
notwithstanding that subparagraph.
(B) A ``laborer or mechanic'' covered by section
3142 of title 40, United States Code.
SEC. 4. EFFECTIVE DATE.
This division shall take effect upon the date of enactment of this
Act.
SEC. 5. BUDGETARY EFFECTS.
(a) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division
shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(b) Determination of Budgetary Effects.--The budgetary effects of
this division, for the purpose of complying with the Statutory Pay-As-
You-Go Act of 2010, shall be determined by reference to the latest
statement titled ``Budgetary Effects of PAYGO Legislation'' for this
division, submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such statement
has been submitted prior to the vote on passage.
DIVISION G--EMPLOYMENT AUTHORITY
Sec. 1. Notwithstanding any other provision of law, an entity may
use amounts appropriated or otherwise made available under the
Legislative Branch Appropriations Act, 2020, to pay the compensation of
an officer or employee without regard to the officer's or employee's
immigration status if the officer or employee has been issued an
employment authorization document under the Deferred Action for
Childhood Arrivals Program of the Secretary of Homeland Security,
established pursuant to the memorandum from the Secretary of Homeland
Security entitled ``Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children'', dated June 15,
2012.
Sec. 2. Notwithstanding any other provision of law or regulation,
an alien who is authorized to be employed in the United States pursuant
to the Deferred Action for Childhood Arrivals program established under
the memorandum of the Secretary of Homeland Security dated June 15,
2012, shall be eligible for employment by the Government (including any
entity the majority of the stock of which is owned by the Government).
Passed the House of Representatives June 25, 2019.
Attest:
Clerk.
116th CONGRESS
1st Session
H. R. 3055
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Commerce and Justice,
Science, and Related Agencies for the fiscal year ending September 30,
2020, and for other purposes.