[Congressional Record Volume 165, Number 98 (Wednesday, June 12, 2019)]
[House]
[Pages H4452-H4582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2020
General Leave
Mrs. LOWEY. Madam Speaker, I ask unanimous consent that all Members
[[Page H4453]]
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 2740.
The SPEAKER pro tempore (Ms. Jackson Lee). Is there objection to the
request of the gentlewoman from New York?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 431 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 2740.
The Chair appoints the gentleman from Washington (Mr. Heck) to
preside over the Committee of the Whole.
{time} 1426
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2740) making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agencies for the fiscal
year ending September 30, 2020, and for other purposes, with Mr. Heck
in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time. General debate shall be confined to the bill and shall not
exceed 1 hour equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations.
The gentlewoman from New York (Mrs. Lowey) and the gentlewoman from
Texas (Ms. Granger) each will control 30 minutes.
The Chair recognizes the gentlewoman from New York.
Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, today, we bring four bills to the floor that reject the
slash-and-burn approach of the Trump administration and, instead, chart
a new course: one that increases investments in American families to
make up for lost ground; one that gives every person a better chance at
a better life.
With these bills, we are investing for the people. We invest in
education and in the health of the American people, in infrastructure,
and in the environment, in our national security and in the needs of
servicemembers and military families.
And let me just say--because, frankly, the administration's misuse of
government funds should concern both parties--this bill includes
necessary oversight provisions to prohibit the administration from
misappropriating funds, including for a border wall.
This hallowed institution must not be a rubber stamp for Presidential
pet projects.
As chair of the State and Foreign Operations Appropriations
Subcommittee, I am proud of the fiscal year 2020 State and Foreign
Operations division, which reflects congressional priorities that
advance United States foreign policy.
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The allocation of $56.381 billion, a 3.9 increase above fiscal year
2019, is critical to support important investments in our national
security, fund our international commitments, and repair America's
reputation abroad.
This bill rejects the administration's unacceptable budget request
and irresponsible policies and, rather, strives to uphold many
bipartisan congressional priorities.
America's foreign policy is strongest when diplomacy, development,
and defense are well-funded and equally prioritized, as many of today's
global challenges cannot be addressed by military intervention alone.
I want to quickly highlight some of the key provisions in this
division.
Unlike the administration's fiscal year 2020 request, this bill would
ensure ample funding for humanitarian assistance, multilateral
organizations, basic education, and reproductive health services.
It would also permanently repeal the antiwoman global gag rule and
prevent prior funds from implementing this destructive policy.
To restore U.S. leadership on fighting climate change, the bill would
replace the prohibition on the Green Climate Fund with permissive
authority and prohibit the use of funds to withdraw from the Paris
climate agreement.
It would provide robust funding to our key allies while protecting
our investments in the Northern Triangle. Members on both sides of the
aisle know these efforts save lives, promote goodwill, and support
American interests abroad. This bill would support these programs and
restore American leadership in the world.
Our talented Appropriations Subcommittee chairs will tell us more
about what the other parts of this package do for the people.
In totality, this legislation truly is a product of hard work and
bipartisan cooperation, with input from Members on both sides of the
aisle, that meets the diverse needs of our Nation.
Hubert Humphrey once said:
The moral test of government is how that government treats
those who are in the dawn of life, the children; those who
are in the twilight of life, the elderly; and those in the
shadows of life.
This has been our goal. If we pass this bill, it can be our
achievement.
So as we consider this bill, let's do so in good faith. Let's pass
this bill for the good of the American people.
Mr. Chair, I urge my colleagues to join me in support of this bill,
and I reserve the balance of my time.
Ms. GRANGER. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I rise today in opposition to H.R. 2740.
The Appropriations Committee has held more than 120 hearings this
year on topics ranging from our Nation's defense priorities to the
crisis of unaccompanied children coming to our southern border. We have
now marked up all 12 bills in subcommittee and full committee.
Unfortunately, each bill brought before the committee was written to
an unrealistic top-line funding number--$176 billion above current
budget caps. We still do not have consensus on a budget agreement for
fiscal year 2020, which could lead to sequestration, resulting in
devastating cuts to our military.
Moving these bills as-is is a wasted opportunity because the bills
are far from what the President has requested and will support. Defense
spending does not meet the request, while nondefense spending greatly
exceeds the request and current levels. This could lead to a veto and
another government shutdown, something both agreed would be
devastating.
In addition to these funding concerns, these bills have,
unfortunately, become partisan vehicles, reversing pro-life policies
and risking the safety and security of the American people.
Many provisions in this bill also force a return to policies of the
previous administration and place unnecessary restrictions on Federal
agencies. For example, the Labor, Health and Human Services, and
Education division of this five-bill package includes $100 million to
help people sign up for ObamaCare, forces the administration to send
grants to Planned Parenthood clinics, and blocks pro-life rules from
going into effect.
Similarly, the State and Foreign Operations division prevents
implementation of the President's expanded Mexico City policy. It
provides $479 million to repay United Nations peacekeeping costs, even
though the United Nations has not made the required reforms, and
prohibits funds to withdraw from the Paris climate accord.
For defense, there is no funding for any type of barrier or fence
along the southern border, something badly needed and obvious if you
visit that place.
There are also other harmful reductions. Procurement is $4.8 billion
below the FY 2019 level, and research and development is $2.2 billion
below the request.
These cuts are very concerning and put us in a serious problem when
relating to China and Russia.
The bill also repeals the Authorization for Use of Military Force,
which could jeopardize the Defense Department's ability to conduct
military operations worldwide. It is a bad policy and will force the
DOD to unwind counterterrorism operations overseas if the Congress and
the President cannot agree on a new authorization.
The Energy and Water division only includes half of the requested
funding for our nuclear weapons stockpile. There is also no funding for
a permanent site for nuclear waste at Yucca Mountain.
I would hope that my colleagues on the other side of the aisle would
make in order an amendment to address immediate needs on our southwest
border.
[[Page H4454]]
The ranking member of the Homeland Security Committee, Mr. Rogers,
and I submitted an amendment to the Rules Committee that,
unfortunately, will not be debated today. This is yet another missed
opportunity to address the humanitarian and security crisis.
There were over 140,000 apprehensions of migrants at the border just
last month, making apprehensions this year alone equivalent to the
population of Atlanta, Georgia. By the end of the fiscal year,
apprehensions could reach 1 million people.
The most troubling statistics are on the number of unaccompanied
children coming to the border. Last week, approximately 2,500 children
and teenagers were sleeping on the ground waiting to be referred to the
Department of Health and Human Services to be connected with family
members and sponsors. HHS expects 100,000 children and teens to be
referred for placement this fiscal year.
Unfortunately, our agencies do not have the resources needed to care
for these children, and, in fact, HHS could run out of money by the end
of this month--run out of money by the end of this month. If we are not
going to address this problem in this bill, we need to come together
and pass a stand-alone bill to meet these needs.
We were all elected to responsibly represent the best interests of
our constituents, and this package falls short. We can't afford to
overfund nondefense programs, underfund defense initiatives, load these
bills with controversial poison pill riders, and ignore the situation
at our southern border. This package does just this, risking both our
economic and our national security.
I know that my colleague and friend, Chairwoman Lowey, has worked
tirelessly to get us to this point today, and she and her subcommittee
chairs included many bipartisan priorities. Unfortunately, on balance,
these bills are partisan measures, and I can't support them in their
current form.
I look forward to working with my colleagues to develop a bipartisan
budget agreement and to remove controversial language and funding in a
final appropriations package.
I strongly urge my colleagues to vote ``no'' on this package today,
and I reserve the balance of my time.
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the distinguished chairwoman of the Subcommittee on
Energy and Water.
Ms. KAPTUR. Mr. Chairman, I thank our able Chairwoman Nita Lowey and
Ranking Member Kay Granger for leading our Appropriations Committee in
doing the real work of America on a bipartisan basis.
Our Energy and Water bill makes critical investments in energy and
water systems to sustain life on Earth by combating climate change,
advancing energy science to yield innovation, building water
infrastructure and flood control systems, and investing in necessary
nuclear security programs.
First, I would like to thank our ranking member, Mr. Simpson, who has
been a very constructive and able partner, and also thank our staff,
including Jaime Shimek, Angie Giancarlo, Mark Arnone, Mike Brain,
Marcel Caldwell, Scott McKee, Farouk Ophaso, and Matt Kaplan, for their
hard work in putting this good bill together.
This bill rejects the President's drastic and shortsighted proposed
cuts that would harm our Nation's interests. Instead, our bill
increases investments to meet serious national priorities in energy and
water and, of course, nuclear security.
Addressing the needs of the future, economically and environmentally,
requires that our Nation be at the forefront of global innovation. Our
bill moves our Nation forward on that front.
Further, American companies require means to ship goods efficiently
in a highly competitive global marketplace. Our bill helps them
succeed.
Finally, ensuring water and electricity for millions of Americans is
fundamental. We provide additional support toward those priorities.
How do we achieve this? By providing $7.4 billion for the Army Corps
of Engineers, an increase--yes, an increase--of $357 million above 2019
and $2.5 billion above the budget request. To understand why, simply
listen to any news program and what is happening across this country.
This bill invests in key water priorities across our Nation by
funding countless regional priorities, including robust funding for the
Soo Locks construction project, and by starting the pathway for the
Brandon Road invasive species Asian bighead carp control project to,
literally, save the Great Lakes.
This bill's robust funding for the Army Corps of Engineers is
critical to this Nation's economic vitality.
We provide $1.63 billion for the Bureau of Reclamation, an increase
of $83 million from 2019 and $523 million above the budget request.
Overall, our bill provides $37.1 billion for the Department of
Energy, an increase of $1.4 billion from 2019 and $5.6 billion above
the budget request.
We recognize the difficulties of serving a rising population with all
of the climate change challenges facing this and the next generation.
Within the Department of Energy, the Energy Efficiency and Renewable
Energy program receives $2.65 billion, $273 million above 2019 and $2.3
billion above the budget request.
This includes robust funding for the Weatherization Assistance
Program, which helps ensure low-income households and communities
across this country have energy-efficient, more livable homes.
Advanced Energy Research, ARPA-E, receives $425 million, $59 million
above 2019 and a rejection of the President's proposal to eliminate the
future. We fund this program.
The Office of Science receives $6.87 billion, $285 million above 2019
and $1.3 billion above the budget request.
Our bill responsibly funds our Nation's nuclear deterrent, as well as
increases funding for nonproliferation efforts while rejecting costly,
poorly defined, and duplicative activities proposed by the
administration.
The National Nuclear Security Administration receives $15.9 billion,
a $666 million increase above 2019.
And, finally, this bill ensures the executive branch cannot divert
essential Army Corps funding for a border wall.
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In sum, this bill invests in innovation programs at the Department of
Energy to yield future opportunities and jobs. It promotes economic
prosperity and bolsters trade.
The CHAIR. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Chair, I yield an additional 1 minute to the
gentlewoman from Ohio.
Ms. KAPTUR. Mr. Chair, I thank Chairwoman Lowey for yielding me the
additional time.
Our bill helps address the many challenges facing our Great Lakes,
the largest collection of fresh water on the planet. Our bill prepares
our country to mitigate and adapt to climate change, with challenges
like the desertization of the West, as well as coastal resiliency on
the Atlantic, Pacific, Gulf, and Great Lakes coasts.
Our bill is more necessary than ever to build and gird America going
forward in the great spirit of the quote above the Speaker's rostrum
here in the House by Daniel Webster, uttered in 1825: ``Let us develop
the resources of our land, call forth its powers, build up its
institutions, promote all its great interests, and see whether we also
in our day and generation may not perform something worthy to be
remembered.''
Mr. Chair, I urge my colleagues to support this bill. Do what is
right for America. Vote for this bill.
Ms. GRANGER. Mr. Chair, I yield 3 minutes to the gentleman from
Oklahoma (Mr. Cole).
Mr. COLE. Mr. Chair, I thank the distinguished ranking Republican
member of the Appropriations Committee, my good friend, Ms. Granger,
for yielding.
I want to begin, Mr. Chair, on a positive note. I want to thank,
particularly, my working partner, Rosa DeLauro, whom I have had the
great opportunity to work with now for the fifth year. There are a lot
of good things in this bill, a lot of things to be proud of. Frankly,
we have worked together in the past and continued to work together in
this bill.
I am particularly pleased with the additional support for the
National Institutes of Health and for the Centers for Disease Control.
[[Page H4455]]
I very much support the focus on early childhood education, on first-
generation college students through programs like TRIO and GEAR UP,
frankly, through our ChalleNGe children, the IDEA program, and many
other good provisions. However, there are certainly a number of other
things in this bill that mean I won't be able to support it at this
time.
I was disappointed to see language inserted throughout the bill that
ties the hands of the administration in many ways. The bill forces a
return to the Obama-era policies on Title X family programs. The bill
ties the hands of the administration by not allowing it to process
waivers that protect deeply held religious beliefs of institutions that
provide vital services funded in the bill.
The bill micromanages the Centers for Medicare and Medicaid Services,
even going so far as to prescribe specific amounts of money to be used
in advertising programs.
I am also concerned about a number of limitations in this bill that
are going to lead to a Presidential veto.
While the bill does many good things, I remain concerned that it has
been developed in a vacuum. As my good friend, the ranking member,
said, these numbers are simply too high. They are not going to be
accepted by a Republican Senate. They are not going to be signed by the
President of the United States, and we run the risk of a Presidential
veto.
We need to come together, Mr. Chair, House and Senate, Republicans
and Democrats, with the administration to hammer out a deal on top-line
funding before we can move forward and actually move this bill into
law.
Finally, I would be remiss if I did not mention the significant
crisis facing us on our southern border. That has yet to be addressed
in this bill, and a number of our speakers have made that point.
The Department of Health and Human Services, Mr. Chair, is at the
breaking point. We literally will go broke this month taking care of
unaccompanied children unless the majority works with the
administration and their Republican colleagues to address this problem.
I want to end by announcing that I will oppose the bill, but I look
forward to working with my friends on the other side as we go through
the process. I am convinced that under Chairwoman Lowey's leadership
with Ranking Member Granger, we can arrive at a good solution for the
country.
This is a work in progress, and I think it is going to get better as
it moves through the process.
Mrs. LOWEY. Mr. Chair, I am very pleased to yield 5 minutes to the
gentleman from Indiana (Mr. Visclosky), the chairman of the Defense
Subcommittee.
(Mr. VISCLOSKY asked and was given permission to revise and extend
his remarks.)
Mr. VISCLOSKY. Mr. Chair, I would like to begin by expressing my
appreciation, as I discuss the defense portion of this bill, to my
ranking member, Mr. Calvert. He has made it easy to continue the
collegiality, transparency, and bipartisanship that is a hallmark of
the Defense Subcommittee. He is a wonderful partner.
I also do want to express my gratitude to Chairwoman Lowey, Ranking
Member Granger, and the other members of the subcommittee and full
committee for their efforts. I want to also thank the staff. This
legislation would not be possible without their outstanding effort.
At this time, I would like to highlight some of the elements of this
legislation that deal with the well-being and morale of those in
uniform.
The bill provides a 3.1 percent pay raise for our women and men in
uniform. This is the largest increase in basic pay since 2010. The
report expresses, however, support for a 3.1 percent pay increase for
DOD civilian employees as well.
We rely on DOD civilians to work side by side with military
personnel. The administration's refusal to request an increase in pay
for Federal employees devalues the important work done by these public
servants. Congress must rectify this failure.
I believe that access to affordable and quality childcare is vital to
retention for All-Volunteer Forces, particularly for mid-career
personnel. Thousands of military children are waitlisted for childcare
development centers, and I am disappointed that the services have
failed to meaningfully address this serious problem. To get at the
backlog, the bill provides an additional $70.7 million for upgrades to
military childcare facilities.
The pervasiveness of sexual assault amongst servicemembers is deeply
abhorrent. It is disheartening that the most recent report on this
subject shows that sexual assaults across the U.S. military increased
by a rate of 38 percent last year, with over two-thirds of assaults
going unreported.
The bill provides $297.2 million for Sexual Assault Prevention and
Response programs at the service level, $13.5 million above the fiscal
year 2019-enacted level. It also provides an additional $35 million for
the Special Victims Counsel and $3 million for the Sexual Trauma
Response and Treatment pilot program.
The bill provides $1.26 billion for environmental restoration
activities, which is $188 million above the current request.
There are also several actions taken in the bill that I believe are
important to highlight as an appropriator and as a member of the
legislative branch.
In recent years, the Department has viewed report language as
suggestive and, on several occasions, has taken action in contravention
of it or simply ignored congressional direction in the report. It is
unacceptable, and it must stop. Report language is directive; it is not
permissive.
I would also point out that the budget justifications should be
complete in detail. In many instances, they continue to be lacking.
For example, there was a $72 million request to establish a Space
Force, but the Department was unable to answer basic questions about
the structure of the force, nor could they provide detailed long-term
costs.
Another example would be the proposed reorganization of the Military
Health System. In its 2020 request, the Department requested a
significant amount of money for the reorganization and proposed major
reductions in healthcare billets. Yet, it could not answer basic
questions about how the reorganization would affect servicemembers and
beneficiaries.
This legislation also takes steps to return to balance the
relationship between the executive and legislative branches in response
to the administration's unconstitutional use of dollars appropriated
for the military to fund the construction of a wall on our southern
border. If Congress appropriates funds for a designated and authorized
purpose, it is not lawful for those funds to be used in contravention
of the law.
In closing, I reiterate my thanks to Mr. Calvert and the members of
our subcommittee, as well as our wonderful staff for their exceptional
work, dedication, and long hours.
I look forward to the debate on our amendments.
Mr. Chair, I would like to begin by expressing appreciation to
Ranking Member Calvert. He has made it easy to continue the
collegiality, transparency, and bipartisanship that is the hallmark of
the Defense Subcommittee.
I also would like to express my gratitude to Chairwoman Lowey,
Ranking Member Granger, and the other Members of the Subcommittee for
their efforts. And thank you to the Subcommittee staff, particularly
the clerks, Becky Leggieri and Leslie Albright, as well as Walter
Hearne, Brooke Boyer, Ariana Sarar, Jackie Ripke, David Bortnick, Matt
Bower, Bill Adkins, Jennifer Chartrand, Hayden Milberg, Paul Kilbride,
Shannon Richter, Sherry Young, Kyle McFarland, Johnnie Kaberle, Kiya
Batmanglidj, and Jamie McCormick. I would also like to acknowledge the
personal office staff, Joe DeVooght, Preston Rackauskas, Rebecca
Keightley, and Christopher Romero. This legislation would not be
possible without their outstanding effort.
The bill would provide $690.2 billion for the Department of Defense,
which is $15.8 billion above the fiscal year 2019 enacted level and $8
billion below the request. The base funding recommendation is $622.1
billion, which is $15.6 billion above the fiscal year 2019 enacted
level and $88.2 billion above the request. The overseas contingency
operations recommendation is $68.1 billion, which is $165 million above
the fiscal year 2019 enacted level and $96.2 billion below the request.
This bill supports the Department of Defense's effort to align its
resources with the National Defense Strategy. This strategy redirects
the Department's primary focus toward the challenges posed by great
powers such as
[[Page H4456]]
China and Russia, and their efforts to counter and challenge the
technological and operational superiority long enjoyed by the United
States military. This technological overmatch can no longer be assumed,
and this bill provides funding to develop and field new weapon systems
and capabilities to address these new challenges. To support this
forward-looking posture, the bill makes major investments in
procurement and research and development.
Rather than focus my remarks on those investments, which have been
detailed in several documents released by the Committee to the public,
I am instead going to run through some of the efforts in this
legislation that deal with the well-being and morale of those in
uniform, their families, DoD civilians, and defense communities.
The bill provides a 3.1 percent pay raise for our women and men in
uniform. This is the largest increase in basic pay since 2010 and
maintains the Committee's commitment to ensuring our all-volunteer
force is compensated for their sacrifices.
The report expresses support for a 3.1 percent pay increase for DoD
civilian employees. We rely on DoD civilians to work side-by-side with
military personnel to provide medical care for our troops, to perform
vital logistics, maintenance, acquisition, and other essential
services. The Administration's refusal to request an increase in pay
for federal employees devalues the important work done by these public
servants and I hope this Congress will ultimately rectify that in this
year's appropriations measures.
I believe that access to affordable and quality childcare is vital to
retention in the all-volunteer force, particularly for mid-career
enlisted and officers. Thousands of military children, including over
9,000 whose parents serve in the Navy, are waitlisted for Childcare
Development Centers. I am disappointed that with such demonstrated need
the military services' requests for childcare facilities were
relatively unchanged from prior years. To get at this backlog, the bill
provides an additional $70. 7 million for upgrades to military
childcare facilities, which is complementary to an effort included in
the FY20 Military Construction Appropriation measure to accelerate the
construction of new Childcare Development Centers.
The pervasiveness of sexual assault amongst service members is deeply
abhorrent and it is disheartening that the most recent report on the
subject shows that sexual assaults across the U.S. military increased
by a rate of nearly 38 percent in 2018, with over two-thirds of
assaults going unreported, The bill provides $297.2 million for Sexual
Assault Prevention and Response programs at the Service level, $13.5
million above the FY19 enacted level and equal to the request. It also
provides an additional $35 million for Special Victims Counsel for
victims of sexual assault and $3 million for a Sexual Trauma Treatment
Pilot Program for treatment of members of the Armed Forces for PTSD
Related to Military Sexual Trauma.
The bill provides $1.26 billion for environmental restoration
activities, which is $188 million above the request. This includes $13
million for a nationwide health study on the implications of PFOS/PFOA
at former and current domestic military installations. Further, the
report directs the Department to achieve a drinking water cleanup
standard equal to or better than the EPA health advisory level for
federally controlled sites and surrounding communities whose water
sources were contaminated because of Department activities.
I believe these efforts and several others within the bill will have
an immediate positive impact on people's quality of life.
There are also several actions taken in the bill that I believe are
important to highlight as an Appropriator and a Member of the
Legislative Branch.
In recent years, the Department has viewed report language as
suggestive, and on several occasions has taken actions in direct
contravention or simply ignored Congressional direction in the report.
That is unacceptable and must stop. Report language is directive, not
permissive.
For example, in FY19 the Committee Report expressed significant
displeasure with the inadequate budget justification by the Department
of Defense. There have been improvements in certain areas, but a number
of major proposals put forth by the DoD in the FY20 budget were
incredibly lacking in detail. For example, there was a $72 million
request to establish a Space Force, but the Department was unable to
answer basic questions about the structure of the force, nor could the
detail long-term costs. Because of that uncertainty, the Committee only
provides $15 million for Space Force.
Another example would be the proposed reorganization of the Military
Health System. This reorganization was mandated in the 2017 Defense
Authorization Act. In its FY20 request the Department requested a
significant amount of money for the reorganization and proposed a major
reduction in healthcare billets. Yet it could not answer basic
questions about how the reorganization would affect service members and
beneficiaries. Of particular concern to the Committee were impacts to
pediatrics, maternity care, and mental health. The legislation halts
the reorganization until those questions can be answered.
Further, this legislation takes several steps to return to balance
the relationship between the Executive and Legislative Branch, in
response to the Administration's unconstitutional use of dollars
appropriated for the military to fund the construction of the wall on
the southern border. The Constitution gives the Congress the power of
the purse. And if Congress appropriates funds for a designated and
authorized purpose, it is not lawful for those funds to be used in
contravention of that direction.
Specifically, the bill reduces the amount of money the Department can
move between accounts by 75 percent from the FY 2019 levels. This
reduction leaves the Department with $1.5 billion in general transfer
authority, which allows for the meeting of urgent and emergent military
requirements. The legislation also increases the notification
requirements and requires additional detail be provided to Congress in
order for the Department to reprogram funding or start a new program.
These are not actions that were taken lightly, but are absolutely
necessary in order to allow Congress to carry out its Article I
responsibilities.
Finally, I feel compelled to spend a moment discussing the issue that
has been an albatross around this Committee's neck since August 2,
2011, the Budget Control Act (BCA). In past years, I have bemoaned the
sheer lunacy of the BCA and how it has made this Committee's work that
much more difficult. Unfortunately, that dynamic remains until Congress
and the President come together and find a solution to the BCA caps for
FY20 and FY21. I understand that this is not a simple matter. However,
I fail to see the benefit from delaying the conversation any longer.
In closing, I would like to again reiterate my thanks to Members and
staff that logged the long hard hours required to put this product
together and I look forward to debate on the amendments.
Ms. GRANGER. Mr. Chair, I yield 6 minutes to the gentleman from
Kentucky (Mr. Rogers).
Mr. ROGERS of Kentucky. Mr. Chair, I thank the distinguished
Republican ranking member on the committee for this time but also, more
importantly, for her wise leadership of this committee.
Mr. Chair, I rise in reluctant opposition to H.R. 2740, the first
appropriations measure to be considered by the House for fiscal year
2020.
In February, while completing the fiscal year 2019 appropriations
process, I began my remarks by drawing attention to the crisis at our
southern border. Four months later, the crisis is even worse, and the
bill we have before us today would only throw fuel on the fire.
Our committee prides itself on staying above the partisan fray, but
this package significantly constrains the administration's ability to
respond appropriately. The partisan policy riders are misguided and
dangerous.
In addition to these substantive problems, the bill before us today
provides funding for numerous departments and agencies without a
bipartisan, bicameral budget agreement supported by the President.
Budget uncertainty is nothing new, but overall spending increases of
this magnitude are neither realistic nor sustainable without a plan.
While this package does provide modest increases for total defense
spending, it is still $17 billion below the President's request,
risking the great strides we have made to rebuild our military.
Despite these challenges, Chairwoman Lowey and Ranking Member Granger
have worked hard to tackle many problems this year. Just yesterday, for
example, we marked up the last two appropriations bills in full
committee.
As ranking member of the State, Foreign Operations, and Related
Programs Subcommittee, I offer my thanks to Chairwoman Lowey for her
collaboration. I am pleased that the chair decided to lead our
subcommittee, in addition to her duties of chairing the full committee,
given our long relationship. She cares deeply about these programs and,
despite our differences, remains a reliable partner.
Division D, the State and Foreign Operations Appropriations bill for
fiscal year 2020, includes $48 billion in base funding. That is nearly
a 5 percent
[[Page H4457]]
increase over fiscal year 2019. With the additional $8 billion in
overseas contingency operations, OCO, the total is $56.3 billion.
Within that total, this bill includes funding for many key priorities
that are critical to our national security. Chief among them is $3.3
billion in foreign military financing for Israel. We don't need to look
further than the recent headlines to understand how important and
timely our support is for Israel's security.
The bill also maintains funding at last year's level for other close
partners in the region, including Egypt, Jordan, and Tunisia.
Another shared priority is the safety of our diplomats and
development experts serving abroad. This bill supports those efforts
with robust funding for embassy security.
Funding is also included to strengthen our efforts on the
international front to combat the flow of drugs into our country.
Overdose deaths, Mr. Chair, from synthetic opioids like fentanyl jumped
45 percent in just 1 year from 2016 to 2017, increasing in all
demographics and virtually every State.
We should all be concerned that cocaine and methamphetamine use in
the U.S. is climbing again at an alarming rate.
{time} 1500
Funding is provided in the bill to help Colombia better control its
coca production as counternarcotics efforts are redoubled in the
region. We need to get this drug epidemic, this calamity, under
control, and I believe this funding is a step in the right direction.
Despite these worthy investments, partisan policy riders included in
this portion of the bill mean it has no hope of becoming the law of the
land. Sweeping measures, like those that overturn the President's
expanded Mexico City policy, go well beyond what was done previously.
The bill also prohibits funds from being used to withdraw from the
Paris climate agreement and allows for a contribution to the
unauthorized Green Climate Fund. The President is well within his
authority to back out of this agreement that would cost billions of
American jobs, harm domestic manufacturing, and damage our growing
economy.
I look forward to debating amendments on these and other issues in
the bill.
Therefore, without a budget agreement, in light of partisan riders
blocking pro-life policies and overturning bipartisan agreements on
climate change, as well as efforts to undermine an adequate response to
the crisis at our southern border, I urge my colleagues to oppose this
bill.
Mrs. LOWEY. Mr. Chair, I yield 5 minutes to the distinguished
gentlewoman from Connecticut (Ms. DeLauro), who is the chair of the
Labor, Health and Human Services, Education, and Related Agencies
Subcommittee.
Ms. DeLAURO. Mr. Chair, I rise to speak about the fiscal year 2020
appropriations bill for the Labor, Health and Human Services,
Education, and Related Agencies.
To start, let me recognize the ranking member, Tom Cole, for his
work on this bill. We have worked closely together over the years
inasmuch as we have developed a mutual respect for one another. While
we may have differences of opinions, we have the same values about the
scope of these programs and whom they ought to be benefiting.
I want to say thank you to the ranking member of the full committee,
Congresswoman Granger. I believe we have put together very strong and
serious resources in the Labor-H bill.
I want to say a particular thank you to the chair of the full
committee, Congresswoman Nita Lowey, for making the Labor-H bill a high
priority.
The Labor-HHS-Education bill supports some of the Nation's most
critical programs. They touch individuals and families throughout their
lifespan, from Early Head Start to the Social Security Administration.
For 2020, the subcommittee is providing a total of $189.9 billion in
discretionary funding. It is an increase of nearly $12 billion over
last year's enacted levels.
Our mission has been to advance a positive agenda, to look at issues
where programs have been starved, and to reflect the oversight we have
been conducting. I believe we have done so.
To arrive at these figures, we hosted 12 hearings on the budget,
predatory for-profit colleges, Federal student loan servicing, the
unaccompanied children program, wage theft, and the administration's
cost-increasing changes to the Affordable Care Act.
We collected nearly 15,000 requests from Members, and we fulfilled,
in part or in whole, more than 90 percent of them.
With this input, we produced what I believe to be historic
investments in working people, in students, in parents, in children, in
families, and in our future.
We make a historic $4 billion increase over last year for early
childhood programs: $2.4 billion for the childcare and development
block grant, equal to 300,000 new slots for childcare; $1.5 billion for
Head Start; and $100 million for preschool development grants.
We also increased funding for K-12 education by $3.4 billion, $1
billion more for title I, and $1 billion more for IDEA, State grants
for special education. In post-secondary education, we make an
additional investment of $928 million. We increase the maximum Pell
grant award by $150.
In health, we make a net increase of $2 billion in the National
Institutes of Health, enabling a 5 percent increase for all institutes
and centers. We also increased the Centers for Disease Control and
Prevention's budget by $938 million.
We held the first appropriations hearing on gun violence prevention
research in 20 years. Experts told us that the CDC and the NIH can do
and must do this research, so we provide $50 million for gun violence
prevention research.
We are investing in women's health. That includes a $114 million
increase for Title X. Title X provides annually more than 4 million
low-income women and men with contraception counseling services and
health screenings. These investments transform lives.
We know this President is highly invested in continuing what we call
a tax on women's health. We know the power of the White House and that
the President will reject a repeal of the Hyde amendment. That is why
this bill maintains current law with regard to the Hyde amendment.
The Hyde amendment is a discriminatory policy that makes access to
basic reproductive healthcare contingent on your income. That is simply
wrong, and I oppose it, as do others. We will continue the long fight,
and we will win that fight in the near term to ensure that women of
color, low-income women, and all women are on equal footing with regard
to reproductive rights.
Finally, we invest in working people whose pay does not keep up with
their rising costs. They struggle to deal with healthcare, prescription
drugs, and childcare.
We invest an additional $1.2 billion to help working people find
good-paying jobs and to protect and empower them in the workplace. That
includes $69 million more for at least 500 new investigators at the
Wage and Hour Division to combat wage theft and to help working people
receive their full pay.
I am also proud of the new initiatives we are introducing. We provide
$150 million for community colleges and other 4-year institutions to
train working people for in-demand industries. For too long, working
people and middle-class families have been shortchanged, and we are
moving ambitiously to make sure that we provide every individual with a
better chance at a better life.
The Acting CHAIR (Mr. Cleaver). The time of the gentlewoman has
expired.
Mrs. LOWEY. Mr. Chair, I yield an additional 1 minute to the
gentlewoman from Connecticut.
Ms. DeLAURO. We are moving ambitiously to make sure that we provide
every individual with a better chance at a better life because we
believe that that is our obligation as Members of Congress.
Once again, I want to say thank you to the ranking member, Mr. Cole;
to the chair, Mrs. Lowey; to the ranking member of the full committee,
Ms. Granger; and to all the subcommittee members who worked so hard in
putting this effort together.
[[Page H4458]]
And a thank you to the staff who have worked so hard: for the
majority, Brad Allen, Jared Bass, Jennifer Cama, Robin Juliano, Jaclyn
Kilroy, Laurie Mignone, Stephen Steigleder, and Philip Tizzani; and for
the minority, Susan Ross and Kathryn Salmon.
Ms. GRANGER. Mr. Chair, I yield 5 minutes to the gentleman from
California (Mr. Calvert).
Mr. CALVERT. Mr. Chair, I thank Ranking Member Granger and Chairwoman
Lowey both for their leadership and expertise throughout this process.
I also acknowledge the work of Chairman Visclosky. Mr. Chair, I am
grateful for Mr. Visclosky's dedication to our U.S. servicemembers and
our national security and for his willingness to listen and work with
us to put together this bill. I very much appreciate the bipartisan way
in which the gentleman has managed the Defense Subcommittee. It has
been an honor to work with him, and I look forward to finishing our
work on time.
There is a lot of good work in this bill. However, the United States
faces an increasingly challenging geopolitical landscape, one that
requires a strong U.S. military to help maintain global peace and
stability.
While we have been at war in the Middle East for nearly two decades,
other regions of the world have been watching us and chipping away at
our military superiority. Unfortunately, the funding levels recommended
in this bill are inadequate to enable us to address the needs of our
military and maintain our superiority over our adversaries.
The fiscal year 2020 Defense bill before the House today includes
$622 billion in base funding and another $68 billion in overseas
contingency operations, or OCO, funding, for a total of $690 billion.
The amount is roughly $8 billion less than the request.
This funding level is not adequate to address the myriad of issues
that we face around the world, including from an increasingly
aggressive Russia. Just last week, a Russian destroyer came dangerously
and recklessly close to one of our vessels in the Philippine Sea.
Shortchanging defense funding would send the wrong message to our
adversaries. Let's be clear: We do not want a fair fight. Funding the
Department to ensure our advantage against any threat is the best
deterrent to war.
In addition to the low funding levels in the bill, it includes a
number of troubling provisions adopted in committee, including a new
restriction on the Department's ability to provide lawful assistance to
other agencies in combating the real crisis on our southern border.
We cannot continue to ignore the reality along our southern border.
The sheer numbers of people coming across our borders, in the hundreds
of thousands, now require the use of military bases to house migrants.
The situation is untenable, and the Congress must update our
immigration laws to make the process more rational and enforceable.
Restricting the President's ability to address the crisis will only
make the problem worse and put more people at risk as they embark on a
dangerous journey.
I am also concerned with the language striking the Authorization for
Use of Military Force. This provision would repeal the current
authorization 240 days after enactment. This is a serious topic that
needs to be debated by the authorizing committees. Including this
language in an appropriations bill with little debate and no committee
hearings or witnesses is not the correct way to address this matter.
Broadcasting to our enemies the stop date of any military operation is
reckless and irresponsible.
Then there is the issue of numbers. In divided government,
bipartisanship is essential. Unfortunately, until we reach agreement on
the top-line spending levels that the President will also support, I
remain concerned that the Defense funding bill will be crafted in an
environment in which we have no budgetary certainty. Without a top-line
budget agreement, and a 2-year deal with the House, the Senate, and the
White House to relieve the budget caps put in place by the Budget
Control Act, we are not making spending decisions based in reality.
If we cannot come to an agreement on a budget caps deal, we face
sequestration in the coming year. The impacts would reverse all the
progress on readiness and modernization we have achieved over the last
2 years. Sequestration would cut $20 billion from the Navy and $29
billion from the Air Force, and it would stop 100 Army programs.
We need all the parties to come together at the table now to make the
tough but critical budget decisions. We know all too well how
devastating budgetary ambiguity and continuing resolutions can be for
defense planning and the real-world impact it has on training,
readiness, and quality-of-life issues. That is a recipe for disaster
for both our military and the American people.
That is why I cannot support this bill at this time. I want to work
with my colleagues on the other side of the aisle to develop bills for
fiscal year 2020 that meet our Nation's defense and border security
priorities in a fiscally responsible manner.
Given the chairman's nature, I am sure that he will be an able
partner and leader in any effort to strike a budget agreement and
certainly happy to help avert sequestration.
Finally, I thank the staff on both sides of the aisle for their hard
work. I appreciate their diligence.
Mrs. LOWEY. Mr. Chair, I yield 2 minutes to the gentlewoman from
California (Ms. Lee), who is a member of the Appropriations Committee.
Ms. LEE of California. Mr. Chair, I thank Chairwoman Lowey for her
leadership, for yielding, and for her tireless work day and night on
behalf of the American people.
As a member of the Labor, Health and Human Services, Education, and
Related Agencies Subcommittee, I am really pleased to see such a
comprehensive bill that strongly invests in our communities.
For example, there is a $150 million increase for HIV research at NIH
and an $8 million increase to the Office of Minority Health to ensure
decreases in health disparities for our communities of color. We have a
$92 million increase to Historically Black Colleges and Universities'
and Hispanic-Serving Institutions' undergraduate programs to help
improve higher education access for our students of color.
Also, it is important to recognize the $65 million increase to the
Education Innovation Research grants for computer science for young
girls and students of color, and the $9 million increase for teen
pregnancy prevention and the $114 million increase to Title X Family
Planning, both programs providing evidence-based, comprehensive sex
education.
Also, as the proud vice chair of the State, Foreign Operations, and
Related Programs Subcommittee, we increased the Global Fund. It
remains, of course, at 33 percent, sending an important signal, in
terms of our leadership to international partners, that we intend for
the United States to stay in the leadership to address the HIV/AIDS
pandemic.
{time} 1515
Let me just say, with regard to defense, yes, we did, and I want to
thank those who have supported this effort to repeal the 2001 AUMF,
Authorization to Use Military Force.
It was passed 3 days after the horrific tragedy of 9/11. It was 60
words. It has now allowed for the use of force over 41 times in 17
countries, unrelated to the terrible events of 9/11.
So, we need to do our job. We need to allow Congress to debate and
make some decisions on a new AUMF.
The Acting CHAIR. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Chair, I yield the gentlewoman from California an
additional 1 minute.
Ms. LEE of California. Mr. Chair, the point is we will have 8 months
to debate a new authorization, depending on what this Congress
determines should move forward as the Authorization to Use Military
Force.
The 2001 was passed in 3 days. Certainly, 8 months gives us enough
time to do our job. The Constitution requires us not to be missing in
action.
We have the power of the purse, and we should use that because we
have sent our young men and women into harm's way. They have done their
job. They need to know now that, in the wars in which they are engaged,
Congress has their back.
We should make some decisions on this, and it doesn't make any sense
to
[[Page H4459]]
continue using this authorization on wars 18 years later.
Twenty percent of Members of Congress serving today were here in
2001. Members deserve to represent their constituents and to debate and
to make sure their voices are heard also.
Ms. GRANGER. Mr. Chairman, I yield 5 minutes to the distinguished
gentleman from Idaho (Mr. Simpson).
Mr. SIMPSON. Mr. Chair, I thank the chairwoman for yielding time.
I rise today in reluctant opposition to H.R. 2740, the four-bill
fiscal 2020 appropriations package that includes the Energy and Water
Development appropriations bill.
As ranking member of that subcommittee, I know there are several
bipartisan priorities in the bill, but, unfortunately, the overall
four-bill package is too flawed for me to be able to support it at this
time.
First and foremost, these bills were developed using top-line funding
levels that do not reflect a bipartisan, bicameral agreement.
The reality is that we are dealing with monopoly money here, and we
all know that. These will not be the final numbers that come out
whenever we reach an agreement.
The majority's budget framework also promotes the misguided notion
that increases to defense spending must be matched or exceeded by
increases in nondefense spending.
In the Energy and Water bill specifically, a bill that was roughly
half defense and half nondefense spending in fiscal year 2019, the
increase for nondefense programs is more than 1\1/2\ times the increase
for defense programs.
While I support many of the nondefense programs in this bill, we need
to know the broader budgetary context before we can decide whether
individual programs are funded appropriately.
We must work together with the Senate and the White House and develop
an agreement on overall spending caps. Only then can we write bills
that can be passed by both Chambers and that the President will sign.
Speaking of the Energy and Water bill specifically, one of my highest
priorities in this bill is the Department of Energy's nuclear energy
program. The bill includes many good investments within that account,
but, overall, the account is kept essentially flat from last year.
This decision is a bit perplexing. The bill's allocation is well
above last year's, and the majority has stated an intent to focus on
technologies to address climate change.
The subcommittee held several hearings, at which Members of both
parties and witnesses discussed the necessity of advanced nuclear
technologies in any kind of low-carbon energy future, yet the nuclear
energy program does not share in the funding increases provided for
almost all of the other nondefense programs. I am hopeful that, as the
bill moves forward, we can address this issue and create a stronger
bill.
The bill continues significant investments in our Nation's water
resources infrastructure, including harbor maintenance activities.
Unfortunately, while the majority included additional funding for
critical water storage projects, they also decided not to allow
previous appropriated dollars to be put to good use.
The exclusion of the Shasta Dam and Reservoir Enlargement Project
amounts to throwing away a key opportunity to enhance water security in
the drought-prone West.
The full House should have been allowed to consider the Calvert
amendment to correct this problem in the bill.
While the majority has referred to funding increases for the National
Nuclear Security Administration, the truth is the bill does not
sufficiently prioritize activities to maintain and modernize our
nuclear weapons stockpile.
The Weapons Activities program is $648 million below the budget
request. That is more than half a billion dollars below the budget
request. As detailed in the Statement of Administration Policy, these
cuts to the budget request will delay efforts to improve safety and
security features and disrupt alignment with the Department of
Defense's plans.
Since this delay typically leads to increases, reduced spending does
not actually save money; it costs money. We must make the investments
necessary to invest in a safe, reliable, and effective stockpile.
Finally, I am disappointed that the bill does not include any funding
to advance the Yucca Mountain licensing application process and,
instead, offers a false promise of interim storage as a solution to the
nuclear waste issue.
Funding for interim storage alone cannot solve the issue of nuclear
waste disposal, especially since current law strictly limits Federal
action in this area.
Additionally, interim storage locations will be much more difficult
to site if there are no assurances of a permanent disposal, as the
interim sites would become de facto permanent sites.
The Governor of New Mexico recently raised this very point in
expressing her concerns about a private interim storage site proposed
to be located in her State.
Continuing the licensing process is a necessary step to establish a
permanent repository for our Nation's defense and commercial nuclear
waste.
Over the past few decades, electricity consumers across the country
have paid roughly $41 billion, with accrued interest, into the Nuclear
Waste Fund for permanent disposal of nuclear waste. Due to the
political decision to halt advancement of a permanent repository,
however, it is the taxpayers--not ratepayers but taxpayers--in all 435
congressional districts who currently are paying $2.2 million a day,
more than $800 million per year, to cover the cost of temporary onsite
storage.
My colleague from Illinois (Mr. Shimkus) filed an amendment to
address this, but it was not allowed. We have had strong bipartisan
support in the past for this issue.
Despite our disagreements over the issues that I have mentioned, I
want to close by thanking Chairwoman Kaptur and the majority staff and
my staff for their dedication and hard work on this bill.
Ms. Kaptur and I have worked together on the Energy and Water
Development, and Related Agencies Subcommittee for several years now;
and, while we don't agree on every issue, I value our friendship and
continue to appreciate the collegial and cooperative tradition of the
subcommittee.
I would also like to thank Chairwoman Lowey and Ranking Member
Granger of the full committee for their leadership and support for the
important programs in the Energy and Water bill.
Mrs. LOWEY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Maryland (Mr. Hoyer), the majority leader.
Mr. HOYER. Mr. Chair, I thank the chairwoman for yielding, and I want
to say I thank the chair and I thank Ms. Granger for her leadership and
working with the chair, Mrs. Lowey, on getting these bills to the
floor.
As a member of the Appropriations Committee, albeit on leave, I am
very proud of this committee. This committee is probably the most
critical committee in the sense that, if it doesn't get its work done,
we shut down the government. No other committee can say that, luckily.
But I am pleased, as the majority leader, to say that it has been my
intent, working with the chair and the ranking member, to complete this
appropriations process in a timely fashion.
Mr. Chair, the new Democratic majority began this Congress in the
middle of a damaging government shutdown. Even though we had a
bipartisan agreement on spending levels--which we don't yet have--and
the Republicans held both Chambers of Congress and the executive, they
failed a fundamental responsibility of funding all of government. And,
as a result, we had a partial shutdown.
This week, the Democratic majority, working with the Republican
minority in the House--and I had the privilege of serving with Ms.
Granger actively on the committee--is moving the first four
appropriations bills to the floor for consideration, with passage
expected early next week.
It is my hope that, by moving through this process, we can help
prevent a shutdown and, rationally, adopt the priorities of this
country, both from a national security standpoint
[[Page H4460]]
and from a national security standpoint on domestic investments.
The bills that are included in this package show our commitment to a
stronger military, supporting critical research to combat diseases,
more educational opportunities for our people, prioritizing diplomacy
and more robust water and energy infrastructure, and a more accountable
government.
It is a funding package for the people. I am particularly proud of
the Labor, HHS, Education, and Related Agencies bill. In my estimate,
it is the best I have had the opportunity to vote for throughout my
career.
It supports a more competitive workforce, advances healthcare
research and access, stands up for women's health, and invests in
future generations by funding important educational initiatives; such
as, full-service community schools, a Special Olympics that provides so
many opportunities to those with intellectual disabilities, and after-
school programming.
These are all critical programs for our national security that
President Trump has proposed, unfortunately, eliminating.
Moreover, the Energy and Water bill before us supports the Chesapeake
Bay Oyster Restoration Project, which is important to our State, but
also important to one of America's great estuaries.
We are doing all that while bringing the package of appropriations
bills to the floor under a rule that allows for genuine bipartisan
debate and amendment.
As I have said before, the House intends to do its job by passing all
12 appropriations bills before the end of June so that we have ample
time to go to conference with the Senate and complete them before the
end of the fiscal year.
That will be a historic step if we, together, can accomplish it. The
Democratic-led House ended the Trump shutdown earlier this year. And
the Democratic-led House is going to do its part to prevent another
Trump shutdown in October.
Let me reiterate, though, that we want to do it in a bipartisan way.
Again, I thank the chair and the ranking member for being such
constructive, positive participants in this process.
The best way to accomplish our objective, though, is for House and
Senate Democrats and Republicans to reach agreement before the fall on
lifting the sequester caps based on the principle of parity while, at
the same time, extending or eliminating the debt limit.
I talked to Senator McConnell in January. Both he and I agreed that
we ought to get a caps agreement.
I regret that we have not done that, so we are proceeding under a
deemed number. That is not the perfect way to do it, but it is the only
way we had available to us to get our work done.
I observe that Mr. Shelby, who is the chairman of the Appropriations
Committee, for my Republican friends, indicated he thought he might
well follow the House and deem numbers. As a practical matter, that is
the only way to do it absent agreement.
Agreement on top-line numbers will make it easier for the House and
Senate to agree on individual appropriations bills that can be sent to
the President's desk.
Together, we have a responsibility to make the investments the
American people have entrusted us to make. I realize that we do not all
agree, but we ought to, as a democratic body, decide that we will vote
on our disagreements and we will resolve those by vote, as we did when
the Republican side was in charge.
And, very frankly, we disagreed with many of those bills, but they
became law, five of them. And, as a result, we funded the majority of
the expenditures in the last year, even though we shut down most of the
agencies of government at the end of the year into this year.
So, Mr. Chair, I would urge my friends to pursue this debate in an
orderly fashion, realizing that we couldn't make all 600 amendments in
order, but also realizing that we will have an opportunity to debate
the equities that we think are important, come to a decision, and pass
those bills to the Senate.
Hopefully, the Senate will pass them, and we will have conferences.
Some Members don't know what conferences are.
When I started on the Appropriations Committee in 1983, and in the 23
years thereafter--in the early years, we really had conferences, and
all the members of the subcommittee were members of the conference. And
we met with the Senate; we debated back and forth; and we came out with
the compromised bills.
When I started on the Appropriations Committee, there were really no
Republicans and no Democrats. One may think that is a surprising
statement. All were advocates. Some had different points of view, but
they were advocates of making sure that we funded our government in a
rational, democratic way, which means the majority will rule, as it did
last year.
So, I urge my colleagues: Let us do our business. We will have
differences, but do not allow those differences to undermine the
ability of this House to operate in a rational, constructive manner.
{time} 1530
Ms. GRANGER. Mr. Chairman, I yield 2 minutes to the gentleman from
North Carolina (Mr. Hudson).
Mr. HUDSON. Mr. Chairman, I thank distinguished Ranking Member
Granger for her strong leadership on the committee and for yielding
this time to me.
Mr. Chairman, I rise today to call attention to a serious issue of
mismanagement between the Community Development Institute, known by its
acronym, CDI, and the Office of Head Start.
I wholeheartedly support the Head Start program, and I know it has
the power to change lives. In fact, my mother is a retired Head Start
teacher, and I know the impact on her students was profound.
However, I have also seen, firsthand, the damage that can quickly
happen to a community when proper oversight is not conducted over local
Head Start programs, especially once CDI assumes control.
In Cabarrus County, my home county in the Eighth District of North
Carolina, we have witnessed CDI continuously demonstrate an inability
to ensure the federally mandated guidelines outlined in the Head Start
Act are met.
While I have been impressed by the new Head Start national Director,
Dr. Deborah Bergeron, I adamantly believe Congress needs to exercise
more oversight when it comes to Head Start and CDI--not just in my
congressional district, but across the Nation.
I would like to ask Congresswoman DeLauro to work with me to make
sure Head Start and CDI are held accountable and ensure the most
vulnerable children in our communities receive the best preschool
education possible.
Ms. DeLAURO. Will the gentleman yield?
Mr. HUDSON. I yield to the gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Chairman, the gentleman and I have had these
conversations, and I appreciate being able to speak with him.
Mr. Chairman, I thank the gentleman from North Carolina (Mr. Hudson)
for bringing attention to this critical issue. I proudly support
increased access to Head Start for all children, which is why this bill
provides an increase of $1.5 billion for this important program.
Mr. Chairman, let me commit to working with the gentleman and the
agency to get to the bottom of this issue that has impacted the
children in his district and prevented access to high-quality early
childhood education.
Mr. HUDSON. Mr. Chair, I look forward to working with the gentlewoman
and my other colleagues to protect the Head Start program and ensure
this does not happen again in my district, but I also want to help make
sure it doesn't happen to any child who is denied access to these vital
education programs.
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Florida (Ms. Wasserman Schultz), the chairwoman of the Military
Construction, Veterans Affairs, and Related Agencies Subcommittee.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I want to thank the chair of the
committee for her leadership throughout our appropriations process. We
now have a funding bill on the floor
[[Page H4461]]
this week that makes critical investments and advances American values.
I want to touch on the part of the State and Foreign Operations bill
that deals with support for the Venezuelan people. I am thrilled with
the support in the bill for Venezuela, for her people, because the
Venezuelan people are enduring an unimaginable onslaught of hunger,
danger, and escalating economic pain, and America cannot stand idly by.
As a member of the Appropriations Committee and the Representative
with the largest Venezuelan population in the United States, I am
thrilled that the bill has language that allocates aid to Colombia to
assist communities that are impacted by refugee and migrant populations
fleeing the despotic Maduro regime.
Congresswoman Shalala and I visited Colombia and met with starving
and impoverished Venezuelans and saw, firsthand, the need for this
funding. We saw the blocked bridges and met with Venezuelans shot by
their own military to prevent them from delivering humanitarian aid to
their own people.
The bill also includes funding for democracy promotion, human rights,
and civil society programs in Venezuela, and I was proud to work with
the chairwoman to include this vital funding.
Perhaps most important is what this bill does not do, what it does
not contain, which is the traditional prohibition on funds being
provided to the central Government of Venezuela, with the clear hope
that we might have a cooperating regime to work with in the near
future.
The U.S. rightfully recognizes Juan Guaido as the legitimate interim
President of Venezuela.
Viva Venezuela. We must continue to work to make sure that she can
transition to a democracy and the vibrant nation that she once was.
Ms. GRANGER. Mr. Chairman, I yield 3 minutes to the gentleman from
Florida (Mr. Yoho).
Mr. YOHO. Mr. Chair, I thank the gentlewoman for yielding time.
Mr. Chair, we stand at a moment in history. Seventy years after the
end of World War II and 30 years after the end of the Cold War, the
world is still battling authoritarianism. However, due to the increased
global economic integration, authoritarian states have begun to utilize
practices of economic coercion and predatory lending to take advantage
of developing nations.
These vulnerable countries are presented with funding for major
development projects, which ultimately lead to unrepayable debt. When
these governments cannot fulfill their financial obligations, they are
forced to give up strategic ports and lands that can now be used by the
authoritarian regimes to achieve diplomatic and strategic aims that
threaten democracies and stability.
At the same time, we face the challenge and opportunity of leading
the global effort to combat extreme poverty and disease, with an
increasing recognition that public investment and grants alone are
insufficient for the task.
To tackle these issues, I worked with my colleagues last Congress to
pass the new U.S. Development Finance Corporation. This critical tool
put America and her allies in the position to counter economic coercion
by ensuring that our government maximizes the impact of our resources
through a coordinated strategy that prioritizes the mobilization of
private capital through a variety of investment structures and
partnerships.
Additionally, the DFC will work much more closely with our lead
development agency, USAID, and ensure we focus on sustainable
development and allowing countries to make the transition from aid to
trade through investments in infrastructure.
As the implementation of the new DFC continues, I look forward to
engaging with my colleagues and providing this new entity with the
sufficient funding and flexibility it needs to achieve our Nation's
foreign policy goals.
I applaud Chairwoman Lowey and Ranking Member Granger's support for
the new DFC. I would also like to thank my colleagues Adam Smith, Hal
Rogers, and Jeff Fortenberry for their support and engagement on this
critical issue.
It is paramount that we get this policy right to show America's
commitment and continued leadership in forging strong foreign policy
that benefits all.
Ms. GRANGER. Mr. Chairman, I yield back the balance of my time.
Mrs. LOWEY. Mr. Chair, I yield myself the balance of my time.
Before I close, I would like to thank the staff for their tireless
work, particularly Steve Marchese, Craig Higgins, Erin Kolodjeski, Dean
Koulouris, Jason Wheelock, Jean Kwon, Marin Stein, Clelia Alvarado, Liz
Leibowitz, and Wendy Coursen. And all those whom I didn't include, I
thank all the other staff who have been so really remarkable in this
very important work.
With this bill, we have forged a vision that stands in stark contrast
to the reckless austerity of recent years and the bleak view presented
in the administration's budget request. This is a bill for the people.
It will strengthen communities, improve lives, and help repair our
standing in the world, and I urge support.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR (Mr. Brindisi). All time for general debate has
expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
An amendment in the nature of a substitute consisting of the text of
Rules Committee Print 116-17, modified by the amendment printed in part
A of House Report 116-109, shall be considered as adopted, and the
bill, as amended, shall be considered as an original bill for the
purpose of further amendment under the 5-minute rule and shall be
considered as read.
The text of the bill, as amended, is as follows:
H.R. 2740
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Labor, Health and Human
Services, Education, Defense, State, Foreign Operations, and
Energy and Water Development Appropriations Act, 2020''.
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, 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 Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30,
2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA'') and the
National Apprenticeship Act, $3,977,615,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,967,360,000 as
follows:
(A) $900,000,000 for adult employment and training
activities, of which $188,000,000 shall be available for the
period July 1, 2020 through June 30, 2021, and of which
$712,000,000 shall be available for the period October 1,
2020 through June 30, 2021;
(B) $964,000,000 for youth activities, which shall be
available for the period April 1, 2020 through June 30, 2021;
and
(C) $1,103,360,000 for dislocated worker employment and
training activities, of which $243,360,000 shall be available
for the period July 1, 2020 through June 30, 2021, and of
which $860,000,000 shall be available for the period October
1, 2020 through June 30, 2021:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall
not be subject to the requirements of section
127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $1,010,255,000 as follows:
(A) $370,859,000 for the dislocated workers assistance
national reserve, of which $170,859,000 shall be available
for the period July 1, 2020 through September 30, 2021, and
of which $200,000,000 shall be available for the period
October 1, 2020 through September 30, 2021: Provided, That
funds provided to carry out section 132(a)(2)(A) of the WIOA
may be used to provide assistance to a State for statewide or
local use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with emerging
economic development needs; and train such eligible
dislocated workers: Provided further, That funds provided to
carry out sections 168(b) and 169(c) of the WIOA may be used
for technical assistance and demonstration projects,
respectively, that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary of Labor
(referred to in this title
[[Page H4462]]
as ``Secretary'') may reserve not more than 7 percent of such
funds to provide technical assistance and carry out
additional activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $150,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such section)
and 170 of the WIOA for the purpose of developing, offering,
or improving educational or career training programs at
community colleges, defined as public institutions of higher
education, as described in section 101(a) of the Higher
Education Act and at which the associate's degree is
primarily the highest degree awarded, with other eligible
institutions of higher education, as defined in section
101(a) of the Higher Education Act, eligible to participate
through consortia, with community colleges as the lead
grantee: Provided further, That the Secretary shall follow
the requirements for the program in the committee report
accompanying this Act: Provided further, That any grant funds
used for apprenticeships shall be used to support only
apprenticeship programs registered under the National
Apprenticeship Act and as referred to in Section 3(7)(B) of
the Workforce Innovation and Opportunity Act;
(B) $55,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2020 through June 30, 2021;
(C) $98,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $91,722,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $6,588,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $586,000 for
other discretionary purposes, which shall be available for
the period April 1, 2020 through June 30, 2021: Provided,
That notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services;
(D) $127,500,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2020 through June 30, 2021;
(E) $100,000,000 for ex-offender activities, under the
authority of section 169 of the WIOA, which shall be
available for the period April 1, 2020 through June 30, 2021:
Provided, That of this amount, $25,000,000 shall be for
competitive grants to national and regional intermediaries
for activities that prepare young, formerly incarcerated
individuals, including those who have dropped out of school
or other educational programs, with a priority for projects
serving high-crime, high-poverty areas;
(F) $8,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall
be available for the period July 1, 2020 through June 30,
2021; and
(G) $250,000,000, to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA, to be available to the Secretary to carry out
activities through grants, cooperative agreements, contracts
and other arrangements, with States and other appropriate
entities, which shall be available for the period July 1,
2020 through June 30, 2021: Provided further, That of the
funds provided to carry out this subparagraph, not less than
20 percent shall be for making competitive contracts, grants,
and cooperative agreements to national apprenticeship
intermediaries, not less than 20 percent shall be for
competitive contracts, grants, and cooperative agreements to
local apprenticeship intermediaries, and not less than 50
percent shall be used to fund grants to States.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
WIOA, $1,868,655,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2020 through June 30, 2021;
(2) $233,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2020 through June 30, 2023, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may transfer
up to 15 percent of such funds to meet the operational needs
of such centers or to achieve administrative efficiencies:
Provided further, That any funds transferred pursuant to the
preceding provision shall not be available for obligation
after June 30, 2021: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2019 through September 30, 2020:
Provided, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $463,800,000, which
shall be available for the period April 1, 2020 through June
30, 2021, and may be recaptured and reobligated in accordance
with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2020 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, and including benefit payments, allowances,
training, employment and case management services, and
related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of
2011 and section 405(a) of the Trade Preferences Extension
Act of 2015, $680,000,000 together with such amounts as may
be necessary to be charged to the subsequent appropriation
for payments for any period subsequent to September 15, 2020:
Provided, That notwithstanding section 502 of this Act, any
part of the appropriation provided under this heading may
remain available for obligation beyond the current fiscal
year pursuant to the authorities of section 245(c) of the
Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000,
together with not to exceed $3,381,695,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,618,230,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $175,000,000 to carry out
reemployment services and eligibility assessments under
section 306 of such Act, any claimants of regular
compensation, as defined in such section, including those who
are profiled as most likely to exhaust their benefits, may be
eligible for such services and assessments: Provided, That of
such amount, $117,000,000 is specified for grants under
section 306 of the Social Security Act and is provided to
meet the terms of section 251(b)(2)(E)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
and $58,000,000 is additional new budget authority specified
for purposes of section 251(b)(2)(E)(i)(II) of such Act; and
$9,000,000 for continued support of the Unemployment
Insurance Integrity Center of Excellence), the administration
of unemployment insurance for Federal employees and for ex-
service members as authorized under 5 U.S.C. 8501-8523, and
the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative
trade adjustment assistance under the Trade Act of 1974 and
under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade
Preferences Extension Act of 2015, and shall be available for
obligation by the States through December 31, 2020, except
that funds used for automation shall be available for Federal
obligation through December 31, 2020, and for State
obligation through September 30, 2022, or, if the automation
is being carried out through consortia of States, for State
obligation through September 30, 2026, and for expenditure
through September 30, 2027, and funds for competitive grants
awarded to States for improved operations and to conduct in-
person reemployment and eligibility assessments and
unemployment insurance improper payment reviews and provide
reemployment services and referrals to training, as
appropriate, shall be available for Federal obligation
through December 31, 2020, and for obligation by the States
through September 30, 2022, and funds for the Unemployment
Insurance Integrity Center of Excellence shall be available
for obligation by the State through September 30, 2021, and
funds used for unemployment insurance workloads experienced
through September 30, 2020 shall be available for Federal
obligation through December 31, 2020: Provided further, That
of the funds available under this paragraph for grants to
States for administering claims under State unemployment
compensation laws that remain unallocated at the end of the
fiscal year as a result of state workloads in administering
such claims not supporting the allocation, the Secretary
shall use such funds (other than funds specified for other
activities in this paragraph) for supplemental grant funding
opportunities to States in order to improve operations and
modernize State Unemployment Insurance systems and such funds
shall remain available for Federal obligation through
December 31, 2020;
(2) $12,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $658,587,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2020 through June 30, 2021;
(4) $22,318,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and the
provision of technical assistance and staff training under
the Wagner-Peyser Act;
(5) $70,560,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $56,278,000 shall be available for the
Federal administration of such activities, and $14,282,000
shall be available for grants to States for the
administration of such activities; and
[[Page H4463]]
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2020
through June 30, 2021:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2020 is projected by
the Department of Labor to exceed 1,758,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for
the use of the National Directory of New Hires under section
453(j)(8) of such Act: Provided further, That the Secretary
may use funds appropriated for grants to States under title
III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop
career center system, or which are used to support the
national activities of the Federal-State unemployment
insurance, employment service, or immigration programs, may
be obligated in contracts, grants, or agreements with States
and non-State entities: Provided further, That States awarded
competitive grants for improved operations under title III of
the Social Security Act, or awarded grants to support the
national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and
non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That
funds appropriated under this Act for activities authorized
under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles
prescribed under the final rule entitled ``Uniform
Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the
Secretary, at the request of a State participating in a
consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to
other States participating in the consortium or to the entity
operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit
the administration of the unemployment compensation law of
the State making the request: Provided further, That the
Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services
relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions
of 29 U.S.C. 9a, for the National Agricultural Workers Survey
infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall
be credited to this appropriation and shall remain available
until September 30, 2021, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to
the Unemployment Trust Fund as authorized by 5 U.S.C. 8509,
and to the ``Federal Unemployment Benefits and Allowances''
account, such sums as may be necessary, which shall be
available for obligation through September 30, 2021.
program administration
For expenses of administering employment and training
programs, $108,674,000, together with not to exceed
$49,982,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $183,155,000, of which up to $3,000,000 shall
be made available through September 30, 2021, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
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 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2020, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2020 shall be available for
obligations for administrative expenses in excess of
$452,858,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2020, an amount
not to exceed an additional $9,200,000 shall remain available
until expended for obligations for administrative expenses
for every 20,000 additional terminated participants: Provided
further, That obligations in excess of the amounts provided
for administrative expenses in this paragraph may be incurred
and shall remain available until expended for obligation for
unforeseen and extraordinary pre-termination or termination
expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations
of the House of Representatives and the Senate: Provided
further, That to the extent the Corporation's expenses exceed
$250,000 for the provision of credit or identity monitoring
to affected individuals upon suffering a security incident or
privacy breach, an additional amount shall remain available
until expended for obligations for such expenses, not to
exceed an additional $100 per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$298,131,000.
Office of Labor-management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $40,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $120,000,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $118,609,000, together with $2,173,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by 5 U.S.C. 81;
continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency
Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War
Claims Act (50 U.S.C. App. 2012); obligations incurred under
the War Hazards Compensation Act (42 U.S.C. 1701 et seq.);
and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor
Workers' Compensation Act, $234,600,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the
current year, for deposit into and to assume the attributes
of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, That amounts appropriated may be
used under 5 U.S.C. 8104 by the Secretary to reimburse an
employer, who is not the employer at the time of injury, for
portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2019, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of
administration for employees of such fair share entities
through September 30, 2020: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $74,777,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $25,535,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$20,970,000, to remain available until expended.
[[Page H4464]]
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2021, $14,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000,
to remain available until expended: Provided, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim such
identifying information (including Social Security account
number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (6), and (7) of the Internal Revenue
Code of 1986; and repayment of, and payment of interest on
advances, as authorized by section 9501(d)(4) of that Act. In
addition, the following amounts may be expended from the Fund
for fiscal year 2020 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): not to exceed $38,246,000
for transfer to the Office of Workers' Compensation Programs,
``Salaries and Expenses''; not to exceed $32,844,000 for
transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $330,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $660,908,000, including not to exceed
$123,233,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety
and health training and education: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2020, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That
$12,690,000 shall be available for Susan Harwood training
grants, of which not less than $4,500,000 is for Susan
Harwood Training Capacity Building Developmental grants, as
described in Funding Opportunity Number SHTG-FY-16-02
(referenced in the notice of availability of funds published
in the Federal Register on May 3, 2016 (81 Fed. Reg. 30568))
for program activities starting not later than September 30,
2020 and lasting for a period of 12 months: Provided further,
That not more than $3,500,000 shall be for Voluntary
Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $417,290,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds
and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as
officers in local chapters or in the national organization:
Provided further, That any funds available to the Department
of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations
in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$600,800,000, together with not to exceed $65,000,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
In addition, $10,000,000 to remain available until
September 30, 2024, for costs associated with the physical
move of the Bureau of Labor Statistics' headquarters,
including replication of space, furniture, fixtures,
equipment, and related costs, as well as relocation of the
data center to a shared facility.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$382,631,000, together with not to exceed $308,000, which may
be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That
$89,825,000 for the Bureau of International Labor Affairs
shall be available for obligation through December 31, 2020:
Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or
operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other
arrangements: Provided further, That not more than
$53,825,000 shall be for programs to combat exploitative
child labor internationally and not less than $36,000,000
shall be used to implement model programs that address worker
rights issues through technical assistance in countries with
which the United States has free trade agreements or trade
preference programs: Provided further, That $8,040,000 shall
be used for program evaluation and shall be available for
obligation through September 30, 2021: Provided further, That
funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided
further, That grants made for the purpose of evaluation shall
be awarded through fair and open competition: Provided
further, That funds available for program evaluation may be
transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer: Provided further, That the funds available to
the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce: Provided
further, That of the amounts made available to the Women's
Bureau, not less than $4,994,000 shall be used for grants
authorized by the Women in Apprenticeship and Nontraditional
Occupations Act.
veterans employment and training
Not to exceed $256,341,000 may be derived from the
Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of
chapters 41, 42, and 43 of title 38, United States Code, of
which:
(1) $180,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such
title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described
in section 4102A(b)(5)(C), which shall be available for
obligation by the States through December 31, 2020, and not
to exceed 3 percent for the necessary Federal expenditures
for data systems and contract support to allow for the
tracking of participant and performance information:
Provided, That, in addition, such funds may be used to
support such specialists and representatives in the provision
of services to transitioning members of the Armed Forces who
have participated in the Transition Assistance Program and
have been identified as in need of intensive services, to
members of the Armed Forces who are wounded, ill, or injured
and receiving treatment in military treatment facilities or
warrior transition units, and to the spouses or other family
caregivers of such wounded, ill, or injured members;
(2) $29,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $43,548,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That, up to
$500,000 may be used to carry out the Hire VETS Act (division
O of Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4)
above an amount not to exceed 3 percent of the appropriation
from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$60,000,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning
[[Page H4465]]
from certain institutions under sections 2021, 2021A, and
2023 of title 38, United States Code: Provided, That
notwithstanding subsections (c)(3) and (d) of section 2023,
the Secretary may award grants through September 30, 2020, to
provide services under such section: Provided further, That
services provided under sections 2021 or under 2021A may
include, in addition to services to homeless veterans
described in section 2002(a)(1), services to veterans who
were homeless at some point within the 60 days prior to
program entry or veterans who are at risk of homelessness
within the next 60 days, and that services provided under
section 2023 may include, in addition to services to the
individuals described in subsection (e) of such section,
services to veterans recently released from incarceration who
are at risk of homelessness: Provided further, That
notwithstanding paragraph (3) under this heading, funds
appropriated in this paragraph may be used for data systems
and contract support to allow for the tracking of participant
and performance information: Provided further, That
notwithstanding sections 2021(e)(2) and 2021A(f)(2) of title
38, United States Code, such funds shall be available for
expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the
HIRE Vets Act, and such amounts shall be available to the
Secretary to carry out the HIRE Vets Medallion Award Program,
as authorized by such Act, and shall remain available until
expended: Provided, That such sums shall be in addition to
any other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100
note) shall not apply.
information technology modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $37,000,000, which shall
be available through September 30, 2021.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $90,461,000, together with not to exceed
$5,660,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer.
Sec. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by
forced or indentured child labor in industries and host
countries already identified by the United States Department
of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section,
none of the funds made available to the Department of Labor
for grants under section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school
within a local educational agency in the occupations and
industries for which employers are using H-1B visas to hire
foreign workers, and the related activities necessary to
support such training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary
may transfer funds made available to the Employment and
Training Administration by this Act, either directly or
through a set-aside, for technical assistance services to
grantees to ``Program Administration'' when it is determined
that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration
by this Act to ``Program Administration'' in order to carry
out program integrity activities relating to any of the
programs or activities that are funded under any such
discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may
transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account
to paragraph (3) of such account to carry out program
integrity activities related to the Job Corps program:
Provided further, That funds transferred under the authority
provided by this subsection shall be available for obligation
through September 30, 2021.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
evaluations of any of the programs or activities that are
funded under such accounts. Any funds reserved under this
section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within
the Department of Labor, and shall be available for
obligation through September 30, 2021: Provided, That such
funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days
in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office
of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health
Administration'', ``Office of Disability Employment Policy'',
funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental
Management, Salaries and Expenses'' account, and ``Veterans
Employment and Training''.
Sec. 108. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property, at a value determined by the Secretary, to
apprenticeship programs for the purpose of training
apprentices in those programs.
Sec. 109. Funds made available in prior Acts under the
heading ``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and Employment
Service Operations'' for fiscal years 2015 through 2019 for
automation acquisitions that are being carried out through
consortia of States shall be available for expenditure for
six fiscal years after the final fiscal year that such funds
are available to incur new obligations.
Sec. 110. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is
part of such Act: ``
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate
family of the Secretary who is participating in an activity
or event relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm, in
accordance with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement
officer or special agent employed under subsection (a) shall
exercise any authority provided under this section in
accordance with any--
[[Page H4466]]
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 111. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center is situated. Any sale or
other disposition will not be subject to any requirement of
any Federal law or regulation relating to the disposition of
Federal real property, including but not limited to
subchapter III of chapter 5 of title 40 of the United States
Code and subchapter V of chapter 119 of title 42 of the
United States Code. The net proceeds of such a sale shall be
transferred to the Secretary, which shall be available until
expended to carry out the Job Corps Program on Treasure
Island.
Sec. 112. Notwithstanding the Federal Assets Sale and
Transfer Act of 2016 (Public Law 114-287), the proceeds from
the sale of any Job Corps facility under such Act shall be
transferred to the Secretary pursuant to section 158(g) of
the WIOA.
This title may be cited as the ``Department of Labor
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,676,522,000: Provided, That no more than
$1,000,000 shall be available until expended for carrying out
the provisions of section 224(o) of the PHS Act: Provided
further, That no more than $120,000,000 shall be available
until expended for carrying out subsections (g) through (n)
and (q) of section 224 of the PHS Act, and for expenses
incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to
administrative claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,244,942,000: Provided, That
sections 751(j)(2) and 762(k) of the PHS Act and the
proportional funding amounts in paragraphs (1) through (4) of
section 756(f) of the PHS Act shall not apply to funds made
available under this heading: Provided further, That for any
program operating under section 751 of the PHS Act on or
before January 1, 2009, the Secretary of Health and Human
Services (referred to in this title as the ``Secretary'') may
hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full
project period of a grant under such section: Provided
further, That no funds shall be available for section 340G-1
of the PHS Act: Provided further, That fees collected for the
disclosure of information under section 427(b) of the Health
Care Quality Improvement Act of 1986 and sections 1128E(d)(2)
and 1921 of the Social Security Act shall be sufficient to
recover the full costs of operating the programs authorized
by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further,
That funds transferred to this account to carry out section
846 and subpart 3 of part D of title III of the PHS Act may
be used to make prior year adjustments to awards made under
such section and subpart: Provided further, That $120,000,000
shall remain available until expended for the purposes of
providing primary health services, assigning National Health
Service Corps (``NHSC'') members to expand the delivery of
substance use disorder treatment services, notwithstanding
the assignment priorities and limitations under sections
333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act,
and making payments under the NHSC Loan Repayment Program
under section 338B of such Act: Provided further, That,
within the amount made available in the previous proviso,
$15,000,000 shall remain available until expended for the
purposes of making payments under the NHSC Loan Repayment
Program under section 338B of the PHS Act to individuals
participating in such program who provide primary health
services in Indian Health Service facilities, Tribally-
Operated 638 Health Programs, and Urban Indian Health
Programs (as those terms are defined by the Secretary),
notwithstanding the assignment priorities and limitations
under section 333(b) of such Act: Provided further, That for
purposes of the previous two provisos, section 331(a)(3)(D)
of the PHS Act shall be applied as if the term ``primary
health services'' includes clinical substance use disorder
treatment services, including those provided by masters
level, licensed substance use disorder treatment counselors:
Provided further, That of the funds made available under this
heading, $20,000,000 shall be available to make grants to
establish or expand optional community-based nurse
practitioner fellowship programs that are accredited or in
the accreditation process, with a preference for those in
Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or
behavioral health.
Of the funds made available under this heading, $40,000,000
shall remain available until expended for grants to public
institutions of higher education to expand or support
graduate education for physicians provided by such
institutions: Provided, That, in awarding such grants, the
Secretary shall give priority to public institutions of
higher education located in States with a projected primary
care provider shortage in 2025, as determined by the
Secretary: Provided further, That grants so awarded are
limited to such public institutions of higher education in
States in the top quintile of States with a projected primary
care provider shortage in 2025, as determined by the
Secretary: Provided further, That the minimum amount of a
grant so awarded to such an institution shall be not less
than $1,000,000 per year: Provided further, That such a grant
may be awarded for a period not to exceed 5 years: Provided
further, That such a grant awarded with respect to a year to
such an institution shall be subject to a matching
requirement of non-Federal funds in an amount that is not
less than 10 percent of the total amount of Federal funds
provided in the grant to such institution with respect to
such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health, title V of the
Social Security Act, $972,751,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $119,593,000 shall be
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such
Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,435,157,000, of which
$2,009,200,000 shall remain available to the Secretary
through September 30, 2022, for parts A and B of title XXVI
of the PHS Act, and of which not less than $912,017,000 shall
be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act: Provided,
That of the funds made available under this heading,
$175,000,000 shall be for the Minority AIDS Initiative under
section 2693 of such Act, of which $56,664,000 shall be
allocated under subsection (b)(2)(A) of such section and
$74,376,000 shall be allocated under subsection (b)(2)(C) of
such section: Provided further, That of the funds made
available under this heading, $70,000,000, to remain
available until expended, shall be available to the Secretary
for carrying out a program of grants and contracts under
title XXVI or section 311(c) of such Act focused on ending
the nationwide HIV/AIDS epidemic, with any grants issued
under such section 311(c) administered in conjunction with
title XXVI of the PHS Act, including the limitation on
administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $123,693,000, of which $122,000
shall be available until expended for facilities renovations
at the Gillis W. Long Hansen's Disease Center.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $317,794,000, of which
$59,000,000 from general revenues, notwithstanding section
1820(j) of the Social Security Act, shall be available for
carrying out the Medicare rural hospital flexibility grants
program: Provided, That of the funds made available under
this heading for Medicare rural hospital flexibility grants,
$19,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and
adoption of health information technology and up to
$1,000,000 shall be to carry out section 1820(g)(6) of the
Social Security Act, with funds provided for grants under
section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to
coordinate rural veterans care between rural providers and
the Department of Veterans Affairs electronic health record
system: Provided further, That notwithstanding section
338J(k) of the PHS Act, $12,500,000 shall be available for
State Offices of Rural Health: Provided further, That
$10,000,000 shall remain available through September 30,
2022, to support the Rural Residency Development Program.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$400,000,000: Provided, That the Secretary shall carry out
section 1001 of the PHS Act solely in accordance with any
regulations or other conditions or instructions established
by the Secretary pursuant to the authority under section 1006
of the PHS Act that applied as of January 18, 2017, to grants
and contracts awarded under section 1001 of the PHS Act:
Provided further, That amounts provided to said projects
under such title shall not be expended for abortions, that
all pregnancy counseling shall be nondirective, and that such
amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way
tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,250,000: Provided, That funds made
available under this heading may be used to supplement
program support funding provided under the headings ``Primary
Health Care'', ``Health Workforce'', ``Maternal and Child
Health'', ``Ryan White HIV/AIDS Program'', ``Health Care
Systems'', and ``Rural Health''.
[[Page H4467]]
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be
necessary for claims associated with vaccine-related injury
or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of
the PHS Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$11,200,000 shall be available from the Trust Fund to the
Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $499,758,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,335,197,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $592,622,000: Provided, That of the
funds made available under this heading to pay for the
transportation, medical care, treatment, and other related
costs of persons quarantined or isolated under Federal or
State quarantine law, up to $1,000,000 shall remain available
until expended.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of
the PHS Act with respect to chronic disease prevention and
health promotion, $1,080,121,000: Provided, That funds made
available under this heading may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations: Provided further,
That of the funds made available under this heading,
$15,000,000 shall be available to continue and expand
community specific extension and outreach programs to combat
obesity in counties with the highest levels of obesity:
Provided further, That the proportional funding requirements
under section 1503(a) of the PHS Act shall not apply to funds
made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS
Act with respect to birth defects, developmental
disabilities, disabilities and health, $161,560,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act
with respect to health statistics, surveillance, health
informatics, and workforce development, $603,897,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $226,350,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $697,559,000,
of which $25,000,000 is provided for firearm injury and
mortality prevention research.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $346,300,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended: Provided, That this
amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act
with respect to global health, $523,621,000, of which: (1)
$128,421,000 shall remain available through September 30,
2021, for international HIV/AIDS; and (2) $99,762,000 shall
be available for global public health protection: Provided,
That funds may be used for purchase and insurance of official
motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act
with respect to public health preparedness and response, and
for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $880,200,000:
Provided, That the Director of the Centers for Disease
Control and Prevention (referred to in this title as ``CDC'')
or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement for
up to 180 days to support an activation of the CDC Emergency
Operations Center, so long as the Director or Administrator,
as applicable, provides a notice to the Committees on
Appropriations of the House of Representatives and the Senate
within 15 days of the use of this authority and a full report
within 30 days after use of this authority which includes the
number of staff and funding level broken down by the
originating center and number of days detailed.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities,
$30,000,000, which shall remain available until September 30,
2024: Provided, That in addition to the amount provided, for
a new CDC research support building and all related material
handling, utility, transportation, and personnel support
infrastructure at the Chamblee campus, including necessary
acquisition of real property, equipment, construction,
demolition, installation, activation, renovation, and
improvements, $225,000,000, which shall be derived by
transfer from the Fund established by Public Law 110-161,
division G, title II, section 223 and shall remain available
until September 30, 2024: Provided further, That funds
previously set aside by CDC for repair and upgrade of the
Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility: Provided
further, That in addition, the prior year unobligated balance
of any amounts assigned to former employees in accounts of
CDC made available for Individual Learning Accounts shall be
credited to and merged with the amounts made available under
this heading to support the replacement of the mine safety
research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $163,570,000, of which up to $10,000,000 may be
transferred to the reserve of the Working Capital Fund
authorized under this heading in division F of Public Law
112-74: Provided, That paragraphs (1) through (3) of
subsection (b) of section 2821 of the PHS Act shall not apply
to funds appropriated under this heading and in all other
accounts of the CDC: Provided further, That of the amounts
made available under this heading, $50,000,000 shall be
transferred to and merged with the Infectious Diseases Rapid
Response Reserve Fund established by section 231 of division
B of Public Law 115-245: Provided further, That any funds
made available by this Act to the Centers for Disease Control
and Prevention may be used to support the purchase, hire,
maintenance, and operation of an aircraft for use and support
of the activities of CDC: Provided further, That employees of
CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or
other organizations under authority of section 214 of the PHS
Act, or in overseas assignments, shall be treated as non-
Federal employees for reporting purposes only and shall not
be included within any personnel ceiling applicable to the
Agency, Service, or HHS during the period of detail or
assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official
reception and representation expenses when specifically
approved by the Director of CDC: Provided further, That in
addition, such sums as may be derived from authorized user
fees, which shall be credited to the appropriation charged
with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel
Sanitation Program and the Respirator Certification Program
shall be available through September 30, 2021.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $6,249,165,000, of which up to
$30,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute--Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,658,822,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases,
$484,350,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$2,129,027,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$2,315,571,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$5,808,268,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $3,033,183,000, of
which $1,146,821,000 shall be from funds available under
section 241
[[Page H4468]]
of the PHS Act: Provided, That not less than $381,573,000 is
provided for the Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,580,084,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$835,465,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $812,570,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $3,286,107,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $634,637,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$497,590,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $170,958,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $551,278,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,489,237,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,891,704,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $603,710,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering
research, $408,498,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$153,632,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $341,244,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the PHS Act), $84,926,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$463,599,000: Provided, That of the amounts available for
improvement of information systems, $4,000,000 shall be
available until September 30, 2021: Provided further, That in
fiscal year 2020, the National Library of Medicine may enter
into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $845,783,000:
Provided, That up to $80,000,000 shall be available to
implement section 480 of the PHS Act, relating to the Cures
Acceleration Network.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $2,049,992,000: Provided, That funding shall
be available for the purchase of not to exceed 29 passenger
motor vehicles for replacement only: Provided further, That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $165,000,000 shall
be for the Environmental Influences on Child Health Outcomes
study: Provided further, That $617,761,000 shall be available
for the Common Fund established under section 402A(c)(1) of
the PHS Act: Provided further, That of the funds provided,
$10,000 shall be for official reception and representation
expenses when specifically approved by the Director of the
NIH: Provided further, That the Office of AIDS Research
within the Office of the Director of the NIH may spend up to
$8,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the
PHS Act: Provided further, That $25,000,000 shall be used to
carry out section 404I of the PHS Act (42 U.S.C. 283K),
relating to biomedical and behavioral research facilities.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title
26, United States Code, for the purpose of carrying out
section 402(b)(7)(B)(ii) of the PHS Act (relating to
pediatric research), as authorized in the Gabriella Miller
Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of,
renovation of, and acquisition of equipment for, facilities
of or used by NIH, including the acquisition of real
property, $200,000,000, to remain available through September
30, 2024.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes in the
appropriations provided to the NIH in this Act, $492,000,000,
to remain available until expended: Provided, That such
amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under
section 1001(b)(2)(A) of such Act, and may be transferred by
the Director of the National Institutes of Health to other
accounts of the National Institutes of Health solely for the
purposes provided in such Act: Provided further, That upon a
determination by the Director 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 the transfer authority
provided under this heading is in addition to any other
transfer authority provided by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, the Protection and Advocacy for
Individuals with Mental Illness Act, and section 224 of the
Protecting Access to Medicare Act of 2014, $1,622,974,000:
Provided, That of the funds made available under this
heading, $70,887,000 shall be for the National Child
Traumatic Stress Initiative: Provided further, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds
appropriated for carrying out section 520A shall be available
for carrying out section 1971 of the PHS Act: Provided
further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS
Act to supplement funds otherwise available for mental health
activities and to carry out subpart I of part B of title XIX
of the PHS Act to fund section 1920(b) technical assistance,
national data, data collection and evaluation activities, and
further that the total available under this Act for section
1920(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart I of part B of title XIX: Provided
further, That up to 10 percent of the amounts made available
to carry out the Children's Mental Health Services program
may be used to carry out demonstration grants or contracts
for early interventions with persons not more than 25 years
of age at clinical high risk of developing a first episode of
psychosis: Provided further, That section 520E(b)(2) of the
PHS Act shall not apply to funds appropriated in this Act for
fiscal year 2020: Provided further, That of the total amount
each State receives for carrying out section 1911 of the PHS
Act, the State shall expend at least 10 percent of such total
amount to support evidence-based programs that address the
needs of individuals with early serious mental illness,
including psychotic disorders, regardless of the age at
onset, and shall expend at least five percent of such total
amount for evidence-based crisis care programs addressing the
needs of individuals with serious mental illnesses and
children with serious mental and emotional disturbances:
Provided further, That $150,000,000 shall be available until
September 30, 2022, for grants to communities and community
organizations who meet criteria for Certified Community
Behavioral Health Clinics pursuant to section 223(a) of
Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act.
substance abuse treatment
For carrying out titles III and V of the PHS Act with
respect to substance abuse treatment, title XIX of such Act
with respect to substance abuse treatment and prevention, and
section 3203 of the Support for Patients and Communities Act,
$3,761,056,000: Provided, That $1,500,000,000 shall be for
State Opioid Response Grants for carrying out activities
pertaining to opioids undertaken by the State agency
responsible for administering the substance abuse prevention
and treatment block grant under subpart II of part B of title
XIX of the PHS Act (42 U.S.C. 300x-21 et seq.): Provided
further, That of such amount $50,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided
further, That 15 percent of the remaining amount shall be for
the States with the highest mortality rate related to opioid
use disorders: Provided further, That of the amounts provided
for State Opioid Response Grants not more than 2 percent
shall be available for Federal administrative expenses,
training, technical assistance, and evaluation: Provided
further, That of the amount not reserved by the previous
three provisos, the Secretary shall make allocations to
States, territories, and the District of Columbia according
to a formula using national survey results that the Secretary
determines are the most objective and reliable measure of
drug use and drug-related deaths: Provided further, That the
Secretary shall submit the formula methodology to the
Committees on Appropriations of the House of Representatives
and the Senate not less than 15 days prior to publishing
[[Page H4469]]
a Funding Opportunity Announcement: Provided further, That
prevention and treatment activities funded through such
grants may include education, treatment (including the
provision of medication), behavioral health services for
individuals in treatment programs, referral to treatment
services, recovery support, and medical screening associated
with such treatment: Provided further, That each State, as
well as the District of Columbia, shall receive not less than
$4,000,000: Provided further, That in addition to amounts
provided herein, the following amounts shall be available
under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of
the PHS Act or State Opioid Response Grants shall be subject
to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $212,469,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance
Abuse Prevention'' in carrying out titles III, V, and XIX of
the PHS Act and the Protection and Advocacy for Individuals
with Mental Illness Act in the Substance Abuse and Mental
Health Services Administration, $128,830,000: Provided, That
in addition to amounts provided herein, $31,428,000 shall be
available under section 241 of the PHS Act to supplement
funds available to carry out national surveys on drug abuse
and mental health, to collect and analyze program data, and
to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be
collected for the costs of publications, data, data
tabulations, and data analysis completed under title V of the
PHS Act and provided to a public or private entity upon
request, which shall be credited to this appropriation and
shall remain available until expended for such purposes:
Provided further, That amounts made available in this Act for
carrying out section 501(o) of the PHS Act shall remain
available through September 30, 2021: Provided further, That
funds made available under this heading may be used to
supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of
the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, $339,809,000: Provided, That in
addition to amounts provided herein, $18,408,000 shall be
available from amounts available under section 241 of the PHS
Act: Provided further, That section 947(c) of the PHS Act
shall not apply in fiscal year 2020: Provided further, That
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale
of data shall be credited to this appropriation and shall
remain available until September 30, 2021.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $273,188,478,000, to
remain available until expended.
In addition, for carrying out such titles after May 31,
2020, for the last quarter of fiscal year 2020 for
unanticipated costs incurred for the current fiscal year,
such sums as may be necessary, to remain available until
expended.
In addition, for carrying out such titles for the first
quarter of fiscal year 2021, $139,903,075,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quarter
and approved in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $410,796,100,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the
Social Security Act that were not anticipated in budget
estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed
$3,984,744,000, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 1893(h) of the Social Security
Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall be credited to this
account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the PHS Act
shall be credited to and available for carrying out the
purposes of this appropriation: Provided further, That the
Secretary is directed to collect fees in fiscal year 2020
from Medicare Advantage organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That amounts available under this heading
for quality improvement organizations (as defined in section
1152 of the Social Security Act) may not exceed the amount
provided under this heading in division H of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for such
organizations.
In addition, the Secretary shall obligate not less than
$100,000,000 in fiscal year 2020 out of amounts collected
through the user fees on participating health insurance
issuers pursuant to section 156.50 of title 45, Code of
Federal Regulations (or any successor regulations) to carry
out the navigator program (as described in section 1311(i) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18031(i)), and to carry out outreach and educational
activities, for purposes of informing potential enrollees in
qualified health plans (as defined in section 1301(a) of such
Act (42 U.S.C. 18021(a)) offered through an Exchange
established or operated by the Secretary within a State, of
the availability of coverage under such plans and financial
assistance for coverage under such plans: Provided, That
awards under such program shall be based solely on an
entity's demonstrated capacity to carry out each of the
duties specified in section 1311(i)(3) of such Act: Provided
further, That not less than $15,000,000 shall be obligated
for national television and not less than $15,000,000 shall
be obligated for internet search advertising for purposes of
carrying out such outreach and educational activities:
Provider further, That not less than $30,000,000 of the funds
made available in this paragraph shall be obligated for
advertising during the final two weeks of the open enrollment
period specified by the Secretary pursuant to section
1311(c)(6)(B) of such Act occurring during 2019: Provided
further, That no amounts collected through such user fees
shall be available for expenditures for promoting health
insurance coverage or a group health plan (as such terms are
defined in section 2791 of the PHS Act (42 U.S.C. 300gg-91))
that is not a qualified health plan.
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $786,000,000, to remain
available through September 30, 2021, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$610,000,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $93,000,000
shall be for the Department of Health and Human Services
Office of Inspector General to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act, and
of which $83,000,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by
section 1817(k)(5) of the Social Security Act for fiscal year
2020 shall include measures of the operational efficiency and
impact on fraud, waste, and abuse in the Medicare, Medicaid,
and CHIP programs for the funds provided by this
appropriation: Provided further, That of the amount provided
under this heading, $311,000,000 is provided to meet the
terms of section 251(b)(2)(C)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, and
$475,000,000 is additional new budget authority specified for
purposes of section 251(b)(2)(C) of such Act: Provided
further, That the Secretary shall provide not less than
$18,000,000 from amounts made available under this heading
and amounts made available for fiscal year 2020 under section
1817(k)(3)(A) of the Social Security Act for the Senior
Medicare Patrol program to combat health care fraud and
abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $2,890,000,000, to remain available
until expended; and for such purposes for the first quarter
of fiscal year 2021, $1,400,000,000, to remain available
until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960,
for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.), $3,840,304,000: Provided, That
notwithstanding section 2609A(a) of such Act, not more than
$2,988,000 may be reserved by the Secretary of Health and
Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal
controls,
[[Page H4470]]
policies and procedures and the Secretary may, in addition to
the authorities provided in section 2609A(a)(1), use such
funds through contracts with private entities that do not
qualify as nonprofit organizations: Provided further, That
$3,637,316,000 of the amount appropriated under this heading
shall be allocated to each State and territory in amounts
equal to the amount each State and territory was allocated in
fiscal year 2018 pursuant to allocations made from amounts
appropriated under this heading in the Consolidated
Appropriations Act, 2018 (Public Law 115-141): Provided
further, that $37,280,000 of the amount appropriated under
this heading shall be allocated as though the total
appropriation for such payments for fiscal year 2020 was less
than $1,975,000,000.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$2,411,701,000, of which $2,364,446,000 shall remain
available through September 30, 2022 for carrying out such
sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out the TVPA shall also
be available for research and evaluation with respect to
activities under such Act: Provided further, That not less
than $190,000,000 shall be used for legal services, child
advocates, and post-release services: Provided further, That
none of the funds made available by this Act may be used to
implement or enforce the Memorandum of Agreement Among the
Office of Refugee Resettlement of the Department of Health
and Human Services and U.S. Immigration and Customs
Enforcement and U.S. Customs and Border Protection of the
Department of Homeland Security Regarding Consultation and
Information Sharing in Unaccompanied Alien Children Matters,
dated April 13, 2018: Provided further, That not later than
30 days after the date of enactment of this Act, the
Secretary of Health and Human Services shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed spend plan of anticipated uses of
funds made available in this account, including the
following: costs, capacity, and timelines for existing grants
and contracts; costs for expanding capacity through use of
community-based residential care placements (including long-
term and transitional foster care and small group homes)
through new or modified grants and contracts; costs and
services to be provided for legal services, child advocates,
and post-release services; program administration; and the
average number of weekly referrals and discharge rate assumed
in the spend plan: Provided further, That such plan shall be
updated to reflect changes and expenditures and submitted to
the Committees every 60 days thereafter.
None of the funds made available in this Act may be used in
contravention of the Homeland Security Act of 2002, the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, or the Adoption and Safe
Families Act of 1997 (as those law are in effect on the date
of the enactment of this Act, and including provisions of
other statutes amended or added by those laws, as so in
effect), or the Stipulated Settlement Agreement in Flores v.
Reno (U.S. District Court, Central District of California,
1997).
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $7,676,000,000 shall be used to
supplement, not supplant State general revenue funds for
child care assistance for low-income families: Provided, That
technical assistance under section 658I(a)(3) of such Act may
be provided directly, or through the use of contracts,
grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out
section 418 of the Social Security Act (42 U.S.C. 618),
including funds appropriated for that purpose in such section
418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of
section 658O(a) of the CCDBG Act: Provided further, That in
addition to the amounts required to be reserved by the
Secretary under section 658O(a)(2)(A) of such Act,
$156,780,000 shall be for Indian tribes and tribal
organizations.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-
A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of
title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services
Block Grant Act (``CSBG Act''); and for necessary
administrative expenses to carry out titles I, IV, V, X, XI,
XIV, XVI, and XX-A of the Social Security Act, the Act of
July 5, 1960, the Low-Income Home Energy Assistance Act of
1981, the Child Care and Development Block Grant Act of 1990,
the Assets for Independence Act, title IV of the Immigration
and Nationality Act, and section 501 of the Refugee Education
Assistance Act of 1980, $13,967,468,000, of which
$75,000,000, to remain available through September 30, 2021,
shall be for grants to States for adoption and legal
guardianship incentive payments, as defined by section 473A
of the Social Security Act and may be made for adoptions and
legal guardianships completed before September 30, 2020:
Provided, That $11,563,095,000 shall be for making payments
under the Head Start Act, of which, notwithstanding section
640 of such Act:
(1) $217,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the
authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of
such Act, and such funds shall not be included in the
calculation of ``base grant'' in subsequent fiscal years, as
such term is used in section 640(a)(7)(A) of such Act;
(3) $1,330,000,000, in addition to funds otherwise
available under such section 640 for such purposes, shall be
available through March 31, 2021, for Early Head Start
programs as described in section 645A of such Act, for
conversion of Head Start services to Early Head Start
services as described in section 645(a)(5)(A) of such Act,
for discretionary grants for high quality infant and toddler
care through Early Head Start-Child Care Partnerships, to
entities defined as eligible under section 645A(d) of such
Act, for training and technical assistance for such
activities, and for up to $26,000,000 in Federal costs of
administration and evaluation;
(4) $750,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act; and
(5) $8,000,000 shall be available for the purposes of re-
establishing the Tribal Colleges and Universities Head Start
Partnership Program consistent with section 648(g) of such
Act:
Provided further, That the Secretary may reduce the
reservation of funds under section 640(a)(2)(C) of such Act
in lieu of reducing the reservation of funds under sections
640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:
Provided further, That $350,000,000 shall be available until
December 31, 2020 for carrying out sections 9212 and 9213 of
the Every Student Succeeds Act: Provided further, That up to
3 percent of the funds in the preceding proviso shall be
available for technical assistance and evaluation related to
grants awarded under such section 9212: Provided further,
That $796,000,000 shall be for making payments under the CSBG
Act: Provided further, That $36,000,000 shall be for sections
680 and 678E(b)(2) of the CSBG Act, of which not less than
$25,000,000 shall be for section 680(a)(2) and not less than
$11,000,000 shall be for section 680(a)(3)(B) of such Act:
Provided further, That, notwithstanding section 675C(a)(3) of
such Act, to the extent Community Services Block Grant funds
are distributed as grant funds by a State to an eligible
entity as provided under such Act, and have not been expended
by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided further,
That the Secretary shall establish procedures regarding the
disposition of intangible assets and program income that
permit such assets acquired with, and program income derived
from, grant funds authorized under section 680 of the CSBG
Act to become the sole property of such grantees after a
period of not more than 12 years after the end of the grant
period for any activity consistent with section 680(a)(2)(A)
of the CSBG Act: Provided further, That intangible assets in
the form of loans, equity investments and other debt
instruments, and program income may be used by grantees for
any eligible purpose consistent with section 680(a)(2)(A) of
the CSBG Act: Provided further, That these procedures shall
apply to such grant funds made available after November 29,
1999: Provided further, That funds appropriated for section
680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in
private business enterprises owned by community development
corporations: Provided further, That $175,000,000 shall be
for carrying out section 303(a) of the Family Violence
Prevention and Services Act, of which $5,000,000 shall be
allocated notwithstanding section 303(a)(2) of such Act for
carrying out section 309 of such Act: Provided further, That
the percentages specified in section 112(a)(2) of the Child
Abuse Prevention and Treatment Act shall not apply to funds
appropriated under this heading: Provided further, That
$1,864,000 shall be for a human services case management
system for federally declared disasters, to include a
comprehensive national case management contract and Federal
costs of administering the system: Provided further, That up
to $2,000,000 shall be for improving the Public Assistance
Reporting Information System, including grants to States to
support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying
out, except as otherwise provided, section 437 of such Act,
$79,765,000: Provided, That of the funds available to carry
out section 437, $59,765,000 shall be allocated consistent
with subsections (b) through (d) of such section: Provided
further,
[[Page H4471]]
That of the funds available to carry out section 437, to
assist in meeting the requirements described in section
471(e)(4)(C), $20,000,000 shall be for grants to each State,
territory, and Indian tribe operating title IV-E plans for
developing, enhancing, or evaluating kinship navigator
programs, as described in section 427(a)(1) of such Act:
Provided further, That section 437(b)(1) shall be applied to
amounts in the previous proviso by substituting ``5 percent''
for ``3.3 percent'', and notwithstanding section 436(b)(1),
such reserved amounts may be used for identifying,
establishing, and disseminating practices to meet the
criteria specified in section 471(e)(4)(C): Provided further,
That the reservation in section 437(b)(2) and the limitations
in section 437(d) shall not apply to funds specified in the
second proviso: Provided further, That the minimum grant
award for kinship navigator programs in the case of States
and territories shall be $200,000, and, in the case of
tribes, shall be $25,000: Provided further, That section
437(b)(4) of such Act shall be applied by substituting
``fiscal year 2020'' for ``fiscal year 2018''.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, $5,744,000,000.
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, for the first quarter of fiscal
year 2021, $3,000,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), the RAISE Family
Caregivers Act, the Supporting Grandparents Raising
Grandchildren Act, titles III and XXIX of the PHS Act,
sections 1252 and 1253 of the PHS Act, section 119 of the
Medicare Improvements for Patients and Providers Act of 2008,
title XX-B of the Social Security Act, the Developmental
Disabilities Assistance and Bill of Rights Act, parts 2 and 5
of subtitle D of title II of the Help America Vote Act of
2002, the Assistive Technology Act of 1998, titles II and VII
(and section 14 with respect to such titles) of the
Rehabilitation Act of 1973, and for Department-wide
coordination of policy and program activities that assist
individuals with disabilities, $2,294,343,000, together with
$55,000,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts
appropriated under this heading may be used for grants to
States under section 361 of the OAA only for disease
prevention and health promotion programs and activities which
have been demonstrated through rigorous evaluation to be
evidence-based and effective: Provided further, That of
amounts made available under this heading to carry out
sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and
implementing evidence-based practices for enhancing senior
nutrition: Provided further, That notwithstanding any other
provision of this Act, funds made available under this
heading to carry out section 311 of the OAA may be
transferred to the Secretary of Agriculture in accordance
with such section: Provided further, That $2,000,000 shall be
for competitive grants to support alternative financing
programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an
interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That
applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and
control: Provided further, That State agencies and community-
based disability organizations that are directed by and
operated for individuals with disabilities shall be eligible
to compete: Provided further, That none of the funds made
available under this heading may be used by an eligible
system (as defined in section 102 of the Protection and
Advocacy for Individuals with Mental Illness Act (42 U.S.C.
10802)) to continue to pursue any legal action in a Federal
or State court on behalf of an individual or group of
individuals with a developmental disability (as defined in
section 102(8)(A) of the Developmental Disabilities and
Assistance and Bill of Rights Act of 2000 (20 U.S.C.
15002(8)(A)) that is attributable to a mental impairment (or
a combination of mental and physical impairments), that has
as the requested remedy the closure of State operated
intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice
of the action has been provided to such individuals (or, in
the case of mental incapacitation, the legal guardians who
have been specifically awarded authority by the courts to
make healthcare and residential decisions on behalf of such
individuals) who are affected by such action, within 90 days
of instituting such legal action, which informs such
individuals (or such legal guardians) of their legal rights
and how to exercise such rights consistent with current
Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not
apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso
apply in the case of individuals who are a ward of the State
or subject to public guardianship.
Departmental Management
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger
motor vehicles, and for carrying out titles III, XVII, XXI,
and section 229 of the PHS Act, functions of the Departmental
Appeals Board authorized in title XVIII of the Social
Security Act, the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of
the Social Security Act, $474,169,000, together with
$64,828,000 from the amounts available under section 241 of
the PHS Act to carry out national health or human services
research and evaluation activities: Provided, That of the
funds made available under this heading, $60,000,000 shall be
for minority AIDS prevention and treatment activities:
Provided further, That of the funds made available under this
heading, $20,000,000 shall be for the Departmental Appeals
Board: Provided further, That of the funds made available
under this heading, $110,000,000 shall be for making
competitive grants to public and private entities, as well as
continuing to fund through fiscal year 2020 grants awarded
for fiscal years 2015 through 2019, to fund medically
accurate and age appropriate programs that reduce teen
pregnancy and for the Federal costs associated with
administering and evaluating such grants, of which not more
than 10 percent of the available funds shall be for training
and technical assistance, outreach, and additional program
support activities, and of the remaining amount 75 percent
shall be for replicating programs that have been proven
effective through rigorous evaluation to reduce teenage
pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That amounts made available under this
heading for programs to reduce teen pregnancy shall not be
made available by interagency agreement or otherwise to any
agency within the Department of Health and Human Services
other than the Office of the Secretary to carry out or
support such programs: Provided further, That of the amounts
provided under this heading from amounts available under
section 241 of the PHS Act, $6,800,000 shall be available to
carry out evaluations (including longitudinal evaluations) of
teenage pregnancy prevention approaches: Provided further,
That funds provided in this Act for embryo adoption
activities may be used to provide to individuals adopting
embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions:
Provided further, That such services shall be provided
consistent with 42 CFR 59.5(a)(4).
For an additional amount for prize competitions (as
authorized by section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719)), $10,000,000.
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings
and Appeals, $182,381,000 shall remain available until
September 30, 2021, to be transferred in appropriate part
from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $60,367,000 shall be available from
amounts available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $85,000,000: Provided, That of
such amount, necessary sums shall be available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $1,083,458,000, of
which $566,700,000 shall remain available through September
30, 2021, for expenses necessary to support advanced research
and development pursuant to section 319L of the PHS Act and
other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds
provided under this heading for the purpose of acquisition of
security countermeasures shall be in addition to any other
funds available for such purpose: Provided further, That
products purchased with funds provided under this heading
may, at the discretion of the Secretary, be deposited in the
[[Page H4472]]
Strategic National Stockpile pursuant to section 319F-2 of
the PHS Act: Provided further, That $5,000,000 of the amounts
made available to support emergency operations shall remain
available through September 30, 2022.
For expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act), $735,000,000, to remain available until expended.
For expenses necessary to carry out section 319F-2(a) of
the PHS Act, $920,000,000, to remain available until
expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $270,000,000, of
which $225,000,000 shall be available until expended, for
activities including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and
other surveillance tools: Provided, That notwithstanding
section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other
biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such
vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II.
Sec. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in HHS, prior
to the preparation and submission of a report by the
Secretary to the Committees on Appropriations of the House of
Representatives and the Senate detailing the planned uses of
such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall be
available only to meet emergency needs and shall not be used
to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the effective date of a
contract awarded in fiscal year 2020 under section 338B of
such Act, or at any time if the individual who has been
awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2020:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this
section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 and other applicable
statutes administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of HHS. The Department of State
shall cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The Secretary is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private
institutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities, including
activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other
health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under
chapter 9 of title I of the Foreign Service Act of 1980, and
22 U.S.C. 4081 through 4086 and subject to such regulations
prescribed by the Secretary. The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-
based comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304 of
title 5, United States Code if such personnel's official duty
station were in the District of Columbia. Leaves of absence
for personnel under this subsection shall be on the same
basis as that provided under subchapter I of chapter 63 of
title 5, United States Code, or section 903 of the Foreign
Service Act of 1980, to individuals serving in the Foreign
Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds authorized under section 402(b)(12) of the PHS Act to
enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the
Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have
received grants or contracts under sections 736, 739, or 747
of the PHS Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the
Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
[[Page H4473]]
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's
programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States
Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal
year 2021 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by
that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by
all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall
include, at a minimum, the following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received
in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the
fiscal year 2021 budget of the President submitted under
section 1105(a) of title 31, United States Code, information
that details the uses of all funds used by the Centers for
Medicare & Medicaid Services specifically for Health
Insurance Exchanges for each fiscal year since the enactment
of the ACA and the proposed uses for such funds for fiscal
year 2021. Such information shall include, for each such
fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange
Transparency'' in the committee report accompanying this Act.
Sec. 221. None of the funds made available by this Act
from the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred
from other accounts funded by this Act to the ``Centers for
Medicare & Medicaid Services--Program Management'' account,
may be used for payments under section 1342(b)(1) of Public
Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts
specified, and for the activities specified under the heading
``Prevention and Public Health Fund'' in the committee report
accompanying this Act.
(b) Notwithstanding section 4002(c) of the ACA, the
Secretary may not further transfer these amounts.
(c) Funds transferred for activities authorized under
section 2821 of the PHS Act shall be made available without
reference to section 2821(b) of such Act.
Sec. 223. Effective during the period beginning on
November 1, 2015 and ending January 1, 2022, any provision of
law that refers (including through cross-reference to another
provision of law) to the current recommendations of the
United States Preventive Services Task Force with respect to
breast cancer screening, mammography, and prevention shall be
administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and
prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue
to apply to the National Institutes of Health to the same
extent and in the same manner as such provisions were applied
in the third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made
available to the Department of Health and Human Services or
to any department or agency may be used to develop or
implement a modified approach to such provisions, or to
intentionally or substantially expand the fiscal effect of
the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain
management, and addiction treatment to other Institutes and
Centers of the NIH to be used for the same purpose 15 days
after notifying the Committees on Appropriations: Provided,
That the transfer authority provided in the previous proviso
is in addition to any other transfer authority provided by
law.
Sec. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and
Senate must be notified at least 2 business days in advance
of any public release of enrollment information or the award
of such grants.
Sec. 227. Not later than the 15th day of each month, the
Department of Health and Human Services shall provide the
Committees on Appropriations of the House of Representatives
and Senate a report on staffing described in the committee
report accompanying this Act.
Sec. 228. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Department of Health and Human Services shall also be
available to pay travel and related expenses of such an
employee or of a member of his or her family, when such
employee is assigned to duty, in the United States or in a
U.S. territory, during a period and in a location that are
the subject of a determination of a public health emergency
under section 319 of the Public Health Service Act and such
travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands,
the Virgin Islands, American Samoa, or the Trust Territory of
the Pacific Islands.
Sec. 229. The Department of Health and Human Services may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal
Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in the care of the Office of
Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, school
supplies, toys, clothing, and any other items intended to
promote the wellbeing of such children.
(rescission)
Sec. 230. Of the unobligated balances made available by
section 301(b)(3) of Public Law 114-10, $4,300,000,000 are
hereby permanently rescinded.
Sec. 231. None of the funds made available by this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))). Nothing in this section shall be construed to
require such a Senator or Member to provide prior notice of
the intent to enter such a facility for such purpose.
Sec. 232. To the extent practicable, and so long as it is
appropriate and in the best interest of the child, in cases
where the Office of Refugee Resettlement of the Department of
Health and Human Services is responsible for the care of
siblings who are unaccompanied alien children (as defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2)), the Director of the Office shall place the
siblings--
(1) in the same facility; or
(2) with the same sponsor.
Sec. 233. (a) None of the funds provided by this Act or
provided by any accounts in the Treasury of the United States
derived by the collection of fees available to the Secretary
of Health and Human Services, or to any other official of a
Federal agency funded by this Act may be used to facilitate
the Secretary of Homeland Security placing in detention,
removing, referring for a decision whether to initiate
removal proceedings, or initiating removal proceedings
against a sponsor, potential sponsor, or member of a
household of a sponsor or potential sponsor of an
unaccompanied alien child (as defined in section 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g))) based on
information shared by the Secretary of Health and Human
Services, or information shared by an unaccompanied alien
child himself or herself with the Department of Homeland
Security or the Department of Health and Human Services.
(b) Subsection (a) shall not apply if a background check of
a sponsor, potential sponsor, or member of a household of a
sponsor or potential sponsor reveals--
(1) a felony conviction or pending felony charge that
relates to--
(A) an aggravated felony (as defined in section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)));
(B) child abuse;
(C) sexual violence or abuse; or
(D) child pornography;
(2) an association with any business that employs a minor
who--
(A) is unrelated to the sponsor, potential sponsor, or
member of a household of a sponsor or potential sponsor; and
[[Page H4474]]
(B) is--
(i) not paid a legal wage; or
(ii) unable to attend school due to employment; or
(3) an association with the organization or implementation
of prostitution.
Sec. 234. None of the funds made available in this Act may
be used to house unaccompanied alien children (as such term
is defined in section 462(g) of the Homeland Security Act of
2002 (6 U.S.C. 279(g))) in--
(a) soft-sided dormitories; or
(b) an influx facility that is not State-licensed for the
care of dependent minors, except in the case that the
Secretary of Health and Human Services determines that
housing unaccompanied alien children in such a facility is
necessary on a temporary basis due to an influx of such
children or an emergency, provided that--
(1) any such influx facility that remains in operation for
more than three consecutive months shall fully comply with
the requirements listed in Exhibit 1 of the Flores Settlement
Agreement, regardless of the status of the underlying
settlement agreement, as well as the standard staffing ratio
requirements for youth care workers, mental health providers,
and clinicians to children that permanent facilities are
required to meet, including those in section 4.4.1 of the
Office of Refugee Resettlement's (ORR) Policies and
Procedures Guide for ``Children Entering the United States
Unaccompanied'';
(2) the Secretary of Health and Human Services may grant a
one-month waiver for an influx facility's non-compliance with
paragraph (1) if the Secretary certifies and provides a
report to Congress on the facility's good-faith efforts and
progress towards compliance;
(3) not more than three consecutive waivers under paragraph
(2) may be granted to any one facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide; and
(5) for any such influx facility in operation for more than
three consecutive months, ORR shall conduct a minimum of one
comprehensive monitoring visit during the first three months
of operation, with quarterly monitoring visits thereafter.
Sec. 235. Not later than 14 days after the date of
enactment of this Act, and weekly thereafter, the Secretary
of Health and Human Services shall submit to the Committees
on Appropriations of the House of Representatives and the
Senate, and make publicly available online, a report with
respect to children who were separated from their parents or
legal guardians by the Department of Homeland Security (DHS)
(regardless of whether or not such separation was pursuant to
an option selected by the children, parents, or guardians),
subsequently classified as unaccompanied alien children, and
transferred to the care and custody of the Office of Refugee
Resettlement of the Department of Health and Human Services
(ORR) during the previous week. Each report shall contain the
following information:
(1) The number and ages of children so separated at or
between ports of entry, to be reported by sector where
separation occurred.
(2) The documented cause of separation, as reported by DHS
when each child was referred.
(3) The custody status of the parents or legal guardians
from whom the child was separated.
Sec. 236. (a) None of the funds made available by this Act
may be awarded to any organization, including under the
Federal Foster Care program under part E of title IV of the
Social Security Act, that does not comply with subsections
(c) and (d) of section 75.300 of title 45, Code of Federal
Regulations (prohibiting discrimination on the basis of age,
disability, sex, race, color, national origin, religion,
gender identity, or sexual orientation).
(b) None of the funds made available by this Act may be
used by the Department of Health and Human Services to grant
an exception from either such subsection for any Federal
grantee.
Sec. 237. Funds appropriated under this Act, any previous
appropriations Act, or the Patient Protection and Affordable
Care Act that are available for salaries and expenses of
employees of the Department of Health and Human Services
shall also remain available for obligation for the primary
and secondary schooling of eligible dependents of HHS
personnel stationed in the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and other
territories or possessions of the United States at costs not
in excess of those paid for or reimbursed by the Department
of Defense.
Sec. 238. None of the funds made available by this Act may
be used to implement, enforce, or otherwise give effect to
the revision to section 447.10 of title 42, Code of Federal
Regulations, contained in the proposed rule entitled
``Medicaid Program; Reassignment of Medicaid Provider
Claims'' (83 Fed. Reg. 32252 (July 12, 2018)).
Sec. 239. None of the funds appropriated in this bill or
otherwise made available to the Department of Health and
Human Services shall be used to publish the proposed
regulation in the Fall 2018 Unified Agenda of Regulatory and
Deregulatory Actions relating to the Medicaid Nonemergency
Medical Transportation benefit for Medicaid beneficiaries
expected to be published for comment in May 2019 and
promulgated in Fall 2019 (RIN: 0938-AT81).
Sec. 240. None of the funds made available by this Act may
be used to finalize, implement, or enforce the rule entitled
``Protecting Statutory Conscience Rights in Health Care;
Delegations of Authority'' issued by the Department of Health
and Human Services (RIN 0945-AA10).
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2020''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title
II of the Elementary and Secondary Education Act of 1965
(referred to in this Act as ``ESEA'') and section 418A of the
Higher Education Act of 1965 (referred to in this Act as
``HEA''), $17,563,802,000, of which $6,638,625,000 shall
become available on July 1, 2020, and shall remain available
through September 30, 2021, and of which $10,841,177,000
shall become available on October 1, 2020, and shall remain
available through September 30, 2021, for academic year 2020-
2021: Provided, That $6,459,401,000 shall be for basic grants
under section 1124 of the ESEA: Provided further, That up to
$5,000,000 of these funds shall be available to the Secretary
of Education (referred to in this title as ``Secretary'') on
October 1, 2019, to obtain annually updated local educational
agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA:
Provided further, That $4,519,050,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$4,519,050,000 shall be for education finance incentive
grants under section 1125A of the ESEA: Provided further,
That $224,000,000 shall be for carrying out subpart 2 of part
B of title II: Provided further, That $50,000,000 shall be
for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the
ESEA, $1,498,112,000, of which $1,351,242,000 shall be for
basic support payments under section 7003(b), $48,316,000
shall be for payments for children with disabilities under
section 7003(d), $17,406,000, shall be for construction under
section 7007(a), $76,313,000 shall be for Federal property
payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance
under section 7008: Provided, That for purposes of computing
the amount of a payment for an eligible local educational
agency under section 7003(a) for school year 2019-2020,
children enrolled in a school of such agency that would
otherwise be eligible for payment under section 7003(a)(1)(B)
of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole
custody of such children, or due to the death of a military
parent or legal guardian while on active duty (so long as
such children reside on Federal property as described in
section 7003(a)(1)(B)), are no longer eligible under such
section, shall be considered as eligible students under such
section, provided such students remain in average daily
attendance at a school in the same local educational agency
they attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by part B of title I, part A of title II, subpart 1 of part A
of title IV, part B of title IV, part B of title V, and parts
B and C of title VI of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$6,016,470,000, of which $4,174,902,000 shall become
available on July 1, 2020, and remain available through
September 30, 2021, and of which $1,681,441,000 shall become
available on October 1, 2020, and shall remain available
through September 30, 2021, for academic year 2020-2021:
Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,321,673,000 shall be for part B of
title IV: Provided further, That $40,000,000 shall be for
part B of title VI and may be used for construction,
renovation, and modernization of any elementary school,
secondary school, or structure related to an elementary
school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly
Native Hawaiian student body: Provided further, That
$36,453,000 shall be for part C of title VI and shall be
awarded on a competitive basis, and also may be used for
construction: Provided further, That $60,400,000 shall be
available to carry out section 203 of the Educational
Technical Assistance Act of 2002 and the Secretary shall make
such arrangements as determined to be necessary to ensure
that the Bureau of Indian Education has access to services
provided under this section: Provided further, That
$16,699,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided
further, That the Secretary may reserve up to 5 percent of
the amount referred to in the previous proviso to provide
technical assistance in the implementation of these grants:
Provided further, That $180,840,000 shall be for part B of
title V: Provided further, That $1,320,000,000 shall be
available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA,
$186,374,000, of which $67,993,000 shall be for subpart 2 of
part A of title VI and $13,000,000 shall be for subpart 3 of
part A of title VI.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and
4 of part B of title II, and parts C, D, and E and subparts 1
and 4 of part F of title IV of the ESEA, $1,223,815,000:
Provided, That $304,815,000 shall be for subparts 1, 3 and 4
of part B of title II and shall be made available without
regard to sections 2201, 2231(b) and 2241: Provided further,
That $619,000,000 shall be for parts C, D, and E and subpart
4 of part F of title IV, and shall be made available without
regard to sections 4311, 4409(a), and 4601 of
[[Page H4475]]
the ESEA: Provided further, That notwithstanding section
4601(b), $300,000,000 shall be available through December 31,
2020 for subpart 1 of part F of title IV, of which
$170,000,000 shall be for social and emotional learning
grants, and $125,000,000 shall be used for science,
technology, engineering, arts, and mathematics, including
computer science education grants.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $240,000,000: Provided,
That $120,000,000 shall be available for section 4631, of
which up to $10,000,000, to remain available until expended,
shall be for the Project School Emergency Response to
Violence (Project SERV) program: Provided further, That
$40,000,000 shall be available for section 4625: Provided
further, That $80,000,000 shall be available through December
31, 2020, for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$980,000,000, which shall become available on July 1, 2020,
and shall remain available through September 30, 2021, except
that 6.5 percent of such amount shall be available on October
1, 2019, and shall remain available through September 30,
2021, to carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities
Education Act (IDEA) and the Special Olympics Sport and
Empowerment Act of 2004, $14,523,544,000, of which
$4,975,709,000 shall become available on July 1, 2020, and
shall remain available through September 30, 2021, and of
which $9,283,383,000 shall become available on October 1,
2020, and shall remain available through September 30, 2021,
for academic year 2020-2021: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2019, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but
not less than the amount for that activity during fiscal year
2019: Provided further, That the Secretary shall, without
regard to section 611(d) of the IDEA, distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the
States' relative populations of children aged 3 through 21
who are of the same age as children with disabilities for
whom the State ensures the availability of a free appropriate
public education under this part, and 15 percent to States on
the basis of the States' relative populations of those
children who are living in poverty: Provided further, That
the Secretary may not distribute any funds under the previous
proviso to any State whose reduction in allocation from funds
appropriated under this heading made funds available for such
a distribution: Provided further, That the States shall
allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under
section 612(a)(18)(B) and the amounts distributed to States
under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a
period of consecutive fiscal years, not to exceed five, until
the entire reduction is applied: Provided further, That the
Secretary may, in any fiscal year in which a State's
allocation under section 611 is reduced in accordance with
section 612(a)(18)(B), reduce the amount a State may reserve
under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as
the reduction under section 612(a)(18)(B) bears to the total
allocation the State would have received in that fiscal year
under section 611(d) in the absence of the reduction:
Provided further, That the Secretary shall either reduce the
allocation of funds under section 611 for any fiscal year
following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized
by section 612(a)(18)(B), or seek to recover funds under
section 452 of the General Education Provisions Act (20
U.S.C. 1234a): Provided further, That the funds reserved
under 611(c) of the IDEA may be used to provide technical
assistance to States to improve the capacity of the States to
meet the data collection requirements of sections 616 and 618
and to administer and carry out other services and activities
to improve data collection, coordination, quality, and use
under parts B and C of the IDEA: Provided further, That the
Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1
of IDEA to evaluate program performance under such subpart:
Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and
619(f) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out
activities authorized by those sections: Provided further,
That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5
or fewer States apply for grants pursuant to section 643(e)
of such Act, the Secretary shall provide a grant to each
State in an amount equal to the maximum amount described in
section 643(e)(2)(B) of such Act: Provided further, That if
more than 5 States apply for grants pursuant to section
643(e) of the IDEA, the Secretary shall award funds to those
States on the basis of the States' relative populations of
infants and toddlers except that no such State shall receive
a grant in excess of the amount described in section
643(e)(2)(B) of such Act.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National
Center Act, $3,752,076,000, of which $3,610,040,000 shall be
for grants for vocational rehabilitation services under title
I of the Rehabilitation Act: Provided, That the Secretary may
use amounts provided in this Act that remain available
subsequent to the reallotment of funds to States pursuant to
section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals
with disabilities as defined in section 7(20)(B) of the
Rehabilitation Act, including activities aimed at improving
the education and post-school outcomes of children receiving
Supplemental Security Income (``SSI'') and their families
that may result in long-term improvement in the SSI child
recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the
funds to other public and private, nonprofit entities:
Provided further, That any funds made available subsequent to
reallotment for innovative activities aimed at improving the
outcomes of individuals with disabilities shall remain
available until September 30, 2021.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $39,000,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$80,000,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $138,361,000: Provided, That from
the total amount available, the University may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
(Perkins Act), and the Adult Education and Family Literacy
Act (AEFLA), $2,003,133,000, of which $1,212,133,000 shall
become available on July 1, 2020, and shall remain available
through September 30, 2021, and of which $791,000,000 shall
become available on October 1, 2020, and shall remain
available through September 30, 2021: Provided, That of the
amounts made available for the AEFLA, $13,712,000 shall be
for national leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,937,352,000, which shall remain
available through September 30, 2021.
The maximum Pell Grant for which a student shall be
eligible during award year 2020-2021 shall be $5,285.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act,
$1,678,943,000, to remain available through September 30,
2021: Provided, That the Secretary shall allocate new student
loan borrower accounts to eligible student loan servicers on
the basis of their past performance compared to all loan
servicers, utilizing established common metrics, and on the
basis of the capacity of each servicer to process new and
existing accounts and compliance with Federal and State law:
Provided further, That for student loan contracts awarded
prior to October 1, 2017, the Secretary shall allow student
loan borrowers who are consolidating Federal student loans to
select from any student loan servicer to service their new
consolidated student loan: Provided further, That in order to
promote accountability and high-quality service to borrowers,
the Secretary shall not award funding for any contract
solicitation for a new Federal student loan servicing
environment, including the solicitation for the FSA Next
Generation Processing and Servicing Environment, unless such
an environment provides for the participation of multiple
student loan servicers that contract directly with the
Department of Education: Provided further, That the FSA Next
Generation Processing and Servicing Environment, or any new
Federal student loan servicing environment, shall include
accountability measures that account for the performance of
the portfolio and contractor compliance with Federal Student
Aid (FSA) guidelines: Provided further, That FSA shall ensure
that contracts for the Next Generation Processing and
Servicing Environment, or any new Federal loan servicing
environment, incentivize more support to borrowers at risk of
delinquency or default: Provided further, That the Secretary
shall provide quarterly briefings to
[[Page H4476]]
the Committees on Appropriations and Education and Labor of
the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of
the Senate on general progress related to solicitations for
Federal student loan servicing contracts.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the HEA, the Mutual
Educational and Cultural Exchange Act of 1961, and section
117 of the Perkins Act, $2,748,533,000: Provided, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study
in foreign countries by individuals who are participating in
advanced foreign language training and international studies
in areas that are vital to United States national security
and who plan to apply their language skills and knowledge of
these countries in the fields of government, the professions,
or international development: Provided further, That of the
funds referred to in the preceding proviso up to 1 percent
may be used for program evaluation, national outreach, and
information dissemination activities: Provided further, That
up to 1.5 percent of the funds made available under chapter 2
of subpart 2 of part A of title IV of the HEA may be used for
evaluation.
Howard University
For partial support of Howard University, $250,000,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as
authorized pursuant to part D of title III of the HEA, which
shall remain available through September 30, 2021: 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, not to exceed $212,100,000:
Provided further, That these funds may be used to support
loans to public and private Historically Black Colleges and
Universities without regard to the limitations within section
344(a) of the HEA.
In addition, $20,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of
the HEA to eligible institutions that are private
Historically Black Colleges and Universities, which apply for
the deferment of such a loan and demonstrate financial need
for such deferment by having a score of 2.6 or less on the
Department of Education's financial responsibility test:
Provided, That during the period of deferment of such a loan,
interest on the loan will not accrue or be capitalized, and
the period of deferment shall be for at least a period of 3-
fiscal years and not more than 6-fiscal years: Provided
further, That funds available under this paragraph shall be
used to fund eligible deferment requests submitted for this
purpose in fiscal year 2018: Provided further, That the
Secretary shall create and execute an outreach plan to work
with States and the Capital Financing Advisory Board to
improve outreach to States and help additional public
Historically Black Colleges and Universities participate in
the program.
In addition, $10,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of
the HEA to eligible institutions that are public Historically
Black Colleges and Universities, which apply for the
deferment of such a loan and demonstrate financial need for
such deferment, which shall be determined by the Secretary of
Education based on factors including, but not limited to,
equal to or greater than 5 percent of the school's annual
revenue from the previous fiscal year relative to its debt
service: Provided, That during the period of deferment of
such a loan, interest on the loan will not accrue or be
capitalized, and the period of deferment shall be for at
least a period of 3-fiscal years and not more than 6-fiscal
years.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$650,000,000, which shall remain available through September
30, 2021: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used
to link Statewide elementary and secondary data systems with
early childhood, postsecondary, and workforce data systems,
or to further develop such systems: Provided further, That up
to $6,000,000 of the funds available to carry out section 208
of the Educational Technical Assistance Act may be used for
awards to public or private organizations or agencies to
support activities to improve data coordination, quality, and
use at the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $430,000,000: Provided, That,
notwithstanding any other provision of law, none of the funds
provided by this Act or provided by previous Appropriations
Acts to the Department of Education available for obligation
or expenditure in the current fiscal year may be used for any
activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority, or functionality of
the Budget Service of the Department of Education, relative
to the organization and operation of the Budget Service as in
effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $130,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $63,418,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not
be used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA
shall be available from July 1, 2020, through September 30,
2021.
Sec. 304. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2020 may use
the income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and
V of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
is amended by striking ``2019'' and inserting ``2020''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a))
is amended in paragraph (4) by striking ``2019'' and
inserting ``2020''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments
for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans
under part E of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Section 401(b)(7)(A)(iv)(X) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(X)) is
amended by striking ``$1,430,000,000'' and inserting
``$1,380,000,000''.
Sec. 309. (a) An institution of higher education may, with
explicit written consent of an applicant who has completed a
FAFSA under such section 483(a), provide such information
collected from the applicant's FAFSA as is necessary to a
scholarship granting organization, including a tribal
organization (defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)),
or to an organization assisting the applicant in applying for
and receiving Federal, State, local, or tribal assistance,
that is designated by the applicant to assist the applicant
in applying for and receiving financial assistance for any
component of the applicant's cost of attendance (defined in
section 472 of the HEA) at that institution.
(b) An organization that receives information pursuant to
subsection (a) shall not sell or otherwise share such
information.
(c) This section shall be in effect until title IV of the
HEA is reauthorized.
Sec. 310. For an additional amount for ``Department of
Education--Federal Direct Student Loan Program Account'',
$350,000,000, to remain available until expended, shall be
for the cost, as defined under section 502 of the
Congressional Budget Act of 1974, of the Secretary of
Education providing loan cancellation in the same manner as
under section 455(m) of the Higher Education Act of 1965 (20
U.S.C. 1087e(m)), for borrowers of loans made under part D of
title IV of such Act who would qualify for loan cancellation
under section 455(m) except some, or all, of the 120 required
payments under section 455(m)(1)(A) do not qualify for
purposes of the program because they were monthly payments
made in accordance with graduated or extended repayment plans
as described under subparagraph (B) or (C) of section
455(d)(1) or the corresponding repayment plan for a
consolidation loan made under section 455(g) and that were
less than the amount calculated under section 455(d)(1)(A),
based on a
[[Page H4477]]
10-year repayment period: Provided, That the total loan
volume, including outstanding principal, fees, capitalized
interest, or accrued interest, at application that is
eligible for such loan cancellation by such borrowers shall
not exceed $500,000,000: Provided further, That the Secretary
shall develop and make available a simple method for
borrowers to apply for loan cancellation under this section
within 60 days of enactment of this Act: Provided further,
That the Secretary shall provide loan cancellation under this
section to eligible borrowers on a first-come, first-serve
basis, based on the date of application and subject to both
the limitation on total loan volume at application for such
loan cancellation specified in the first proviso and the
availability of appropriations under this section: Provided
further, That no borrower may, for the same service, receive
a reduction of loan obligations under both this section and
section 428J, 428K, 428L, or 460 of such Act: Provided
further, That the Secretary shall inform all borrowers who
have submitted an Employment Certification Form and are in
the incorrect repayment program about the Temporary Expanded
Public Service Loan Forgiveness Program and requirements for
qualification under the program.
Sec. 311. Of the amounts made available under this title
under the heading ``Student Aid Administration'', $2,300,000
shall be used by the Secretary of Education to conduct
outreach to borrowers of loans made under part D of title IV
of the Higher Education Act of 1965 who may intend to qualify
for loan cancellation under section 455(m) of such Act (20
U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided,
That the Secretary shall specifically conduct outreach to
assist borrowers who would qualify for loan cancellation
under section 455(m) of such Act except that the borrower has
made some, or all, of the 120 required payments under a
repayment plan that is not described under section 455(m)(A)
of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall
also communicate to all Direct Loan borrowers the full
requirements of section 455(m) of such Act and improve the
filing of employment certification by providing improved
outreach and information such as outbound calls, electronic
communications, ensuring prominent access to program
requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire
payment certification process electronically and on a
centralized website.
This title may be cited as the ``Department of Education
Appropriations Act, 2020''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in
this title as ``the Committee'') established under section
8502 of title 41, United States Code, $9,000,000: Provided,
That in order to authorize any central nonprofit agency
designated pursuant to section 8503(c) of title 41, United
States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written
agreement with any such central nonprofit agency: Provided
further, That such agreement shall contain such auditing,
oversight, and reporting provisions as necessary to implement
chapter 85 of title 41, United States Code: Provided further,
That such agreement shall include the elements listed under
the heading ``Committee For Purchase From People Who Are
Blind or Severely Disabled--Written Agreement Elements'' in
the explanatory statement described in section 4 of Public
Law 114-113 (in the matter preceding division A of that
consolidated Act): Provided further, That any such central
nonprofit agency may not charge a fee under section 51-3.5 of
title 41, Code of Federal Regulations, prior to executing a
written agreement with the Committee: Provided further, That
no less than $1,650,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973
(referred to in this title as ``1973 Act'') and the National
and Community Service Act of 1990 (referred to in this title
as ``1990 Act''), $829,665,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the
1990 Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and
electronic management of the grants cycle; (2) $17,538,000
shall be available to provide assistance to State commissions
on national and community service, under section 126(a) of
the 1990 Act and notwithstanding section 501(a)(5)(B) of the
1990 Act; (3) $33,000,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $6,400,000 shall be
available for expenses authorized under section 501(a)(4)(F)
of the 1990 Act, which, notwithstanding the provisions of
section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the
1990 Act, satisfying the requirements in section 122(c)(1)(D)
may include a determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $218,691,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $83,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$6,013,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2020,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that
is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle
B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of
not more than one year may receive a national service
education award having a value of 70 percent of the value of
a national service education award determined under section
147(a) of the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934,
an amount which shall be available within limitations
specified by that Act, for the fiscal year 2022,
$495,000,000: Provided, That none of the funds made available
to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the
funds made available to CPB by this Act shall be available or
used to aid or support any program or activity from which any
person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to
apply any political test or qualification in selecting,
appointing, promoting, or taking any other personnel action
with respect to officers, agents, and employees of CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and
other technologies and services that create infrastructure
and efficiencies within the public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the
[[Page H4478]]
Labor-Management Relations Act, 1947, including hire of
passenger motor vehicles; for expenses necessary for the
Labor-Management Cooperation Act of 1978; and for expenses
necessary for the Service to carry out the functions vested
in it by the Civil Service Reform Act, $48,200,000, including
up to $900,000 to remain available through September 30,
2021, for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31
U.S.C. 3302, fees charged, up to full-cost recovery, for
special training activities and other conflict resolution
services and technical assistance, including those provided
to foreign governments and international organizations, and
for arbitration services shall be credited to and merged with
this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be
available only for education, training, and professional
development of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use
on behalf of the United States gifts of services and real,
personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $267,000,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $8,480,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $12,645,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,450,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $341,500,000.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $15,800,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $16,000,000, which shall include amounts becoming
available in fiscal year 2020 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2021, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $135,500,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund:
Provided, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided
further, That the previous proviso shall not change the
status under Federal employment laws of any attorney hired by
the Railroad Retirement Board prior to January 1, 2013:
Provided further, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act, this limitation may be used to hire
students attending qualifying educational institutions or
individuals who have recently completed qualifying
educational programs using current excepted hiring
authorities established by the Office of Personnel
Management: Provided further, That $13,460,000, to remain
available until expended, shall be used to supplement, not
supplant, existing resources devoted to operations and
improvements for the Board's Information Technology
Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$11,500,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m) and 1131(b)(2) of the
Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $41,938,540,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $101,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act, and remain available through September
30, 2022.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2021,
$19,900,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$12,940,945,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
$2,400,000 shall be for the Social Security Advisory Board:
Provided further, That $45,000,000 shall remain available
until expended for information technology modernization,
including related hardware and software infrastructure and
equipment, and for administrative expenses directly
associated with information technology modernization:
Provided further, That $50,000,000 shall remain available
through September 30, 2021, for activities to address the
disability hearings backlog within the Office of Hearings
Operations: Provided further, That unobligated balances of
funds provided under this paragraph at the end of fiscal year
2020 not needed for fiscal year 2020 shall remain available
until expended to invest in the Social Security
Administration information technology and telecommunications
hardware and software infrastructure, including related
equipment and non-payroll administrative expenses associated
solely with this information technology and
telecommunications infrastructure: Provided further, That the
Commissioner of Social Security shall notify the Committees
on Appropriations of the House of Representatives and the
Senate prior to making unobligated balances available under
the authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social
Security Administration pursuant to 5 U.S.C. 7131, and for
facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to
in section 7135(b) of such title shall be made by the
Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible
after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,582,000,000, to remain
available through March 31, 2021, is for the costs associated
with continuing disability reviews under titles II and XVI of
the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant
United States Attorneys: Provided, That, of such amount,
$273,000,000 is provided to meet the terms of section
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and $1,309,000,000
is additional new budget authority specified for purposes of
section 251(b)(2)(B) of such Act: Provided further, That, of
the additional new budget authority described in the
preceding proviso, up to $10,000,000 may be transferred to
the ``Office of Inspector General'', Social Security
Administration, for the cost of jointly operated co-operative
disability investigation units: Provided further, That such
transfer authority is in addition to
[[Page H4479]]
any other transfer authority provided by law: Provided
further, That the Commissioner shall provide to the Congress
(at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the
reports that were required by section 103(d)(2) of Public Law
104-121 for fiscal years 1996 through 2002.
In addition, $130,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that
the amounts collected pursuant to such sections in fiscal
year 2020 exceed $130,000,000, the amounts shall be available
in fiscal year 2021 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $30,000,000, together with not to exceed
$75,500,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days
in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
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. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or
any State or local legislature itself, or designed to support
or defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence the enactment
of legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and
recognized executive-legislative relationships or
participation by an agency or officer of a State, local or
tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or
any proposed, pending, or future requirement or restriction
on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
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 appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 514. (a) 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
[[Page H4480]]
agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming 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) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
(b) 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 in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction 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, activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
(c) 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 that--
(1) relocates an office or employees;
(2) reorganizes or renames offices; or
(3) reorganizes programs or activities;
unless the relocation, renaming, or reorganization was
included in the President's fiscal year 2020 budget proposal,
including the accompanying justification documents submitted
to the Committees on Appropriations of the House of
Representatives and the Senate, and such committees are
consulted at least 15 days in advance of such relocation,
renaming, or reorganization.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2020 that are different than those specified in
this Act, the accompanying detailed table in the joint
explanatory statement accompanying this Act or the fiscal
year 2020 budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000, individually or in total at the program, project,
or activity level, in value and awarded by the Department on
a non-competitive basis during each quarter of fiscal year
2020, but not to include grants awarded on a formula basis or
directed by law. Such report shall include the name of the
contractor or grantee, the amount of funding, the
governmental purpose, including a justification for issuing
the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of
the quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 520. (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. 521. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12
dated May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 522. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to
the agency for advertising or other communications regarding
the programs and activities of the agency.
Sec. 523. (a) Federal agencies may use Federal
discretionary funds that are made available in this Act to
carry out up to 10 Performance Partnership Pilots. Such
Pilots shall be governed by the provisions of section 526 of
division H of Public Law 113-76, except that in carrying out
such Pilots section 526 shall be applied by substituting
``Fiscal Year 2020'' for ``Fiscal Year 2014'' in the title of
subsection (b) and by substituting ``September 30, 2024'' for
``September 30, 2018'' each place it appears: Provided, That
such pilots shall include communities that have experienced
civil unrest.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by 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, section 525 of division H of Public Law 115-31,
and section 525 of division H of Public Law 115-141.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such
authorities.
Sec. 524. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal
year 2020, the Departments of Labor, Health and Human
Services and Education and the Social Security Administration
shall provide the Committees on Appropriations of the House
of Representatives and Senate a report on the status of
balances of appropriations: Provided, That for balances that
are unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 525. Of the unobligated balances made available for
purposes of carrying out section 2105(a)(3) of the Social
Security Act, $7,715,000,000 shall not be available for
obligation in this fiscal year.
Sec. 526. (a)(1) The Secretary of Homeland Security, after
appropriate consultation with the Secretary of Labor and
appropriate employers, shall develop, through notice and
comment rulemaking, a process to provide quarterly allocation
of visas issued pursuant to petitions submitted by employers
for individuals to be admitted under section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(b)).
(2) In developing the process described in paragraph (1),
the Secretary shall ensure that--
(A) all such petitions are submitted to the Secretary not
later than 45 days before the first day of the quarter during
which the requested beneficiaries are expected to begin their
employment with the employer; and
(B) all decisions to approve or deny a petition are made
not later than 15 days before the first date of employment
specified in the petition.
(b) Subject to subsection (c), for fiscal year 2021, and
every fiscal year thereafter, of the visas authorized under
section 214(g)(1)(B) of the Immigration and Nationality Act
(8 U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security
shall issue--
(1) not more than 14 percent to aliens whose employment is
scheduled to begin during the first quarter of the fiscal
year;
(2) not more than 45 percent (plus any visas authorized,
but not issued, under paragraph (1)) to aliens whose
employment is scheduled to begin during the second quarter of
the fiscal year;
(3) not more than 39 percent (plus any visas authorized,
but not issued, under paragraphs (1) and (2)) to aliens whose
employment is scheduled to begin during the third quarter of
the fiscal year; and
(4) not more than 2 percent (plus any visas authorized, but
not issued, under paragraph (1), (2), and (3)) to aliens
whose employment is scheduled to begin during the fourth
quarter of the fiscal year.
(c) Not later than 2 years after the date of the enactment
of this Act, and every 2 years thereafter, the Secretary of
Homeland Security, in the Secretary's sole and unreviewable
discretion, and after consultation with the Secretary of
Labor, shall--
(1) compare the quarterly allocation of visas under
subsection (b) to the actual need for individuals to be
admitted under section
[[Page H4481]]
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(b)) in each quarter; and
(2) adjust the quarterly allocation of such visas
accordingly.
(d) For each calendar quarter subject to the visa
allocation process set forth in subsection (b) or (c), if the
total number of visas requested by employers whose petitions
meet the standards for approval exceeds the total number of
visas available for such employers, the Secretary shall
ensure that each such petition is approved for a minimum
number of visas, which shall be calculated based on the ratio
between the total number of visas requested by such employers
and the total number of visas available.
(e) Effective October 1, 2020, section 214(g)(10) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(10)) is
repealed.
(f) Section 214(c)(14)(C) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(14)(C)) is amended to read
as follows:
``(C) In determining the level of penalties to be assessed
under subparagraph (A), the highest penalties shall be
reserved for--
``(i) willful failures to meet any of the conditions of the
petition that involve harm to United States workers; and
``(ii) willful misrepresentations of the number of
necessary nonimmigrants in an application for temporary labor
certification in support of a petition for nonimmigrants
described in section 101(a)(15)(H)(ii)(b).''.
Sec. 527. None of the funds made available by this Act may
be used to replace or diminish the quality of care provided
by Medicare Advantage (as established in Title 42, Chapter 7,
Subchapter XVIII, Part C of the United States Code) and the
TRICARE program (as defined in Section 1072 of Title 10 of
the United States Code).
Sec. 528. 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. 529. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 116-62. 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.
This Act may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2020''.
DIVISION C--DEPARTMENT OF DEFENSE 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, for military functions
administered by the Department of Defense and for other
purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $42,314,762,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $31,679,229,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$14,064,751,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $31,082,769,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 7038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$4,847,321,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,113,357,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $829,124,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 9038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$1,993,280,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under sections 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $8,664,535,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under sections 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $4,032,521,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$41,449,293,000: Provided, That not to exceed $12,478,000 can
be used for emergencies and extraordinary expenses, to be
expended upon the approval or authority of the Secretary of
the Army, and payments may be made on his certificate of
necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $51,417,389,000: Provided, That not to
exceed $15,055,000 can be used for emergencies and
extraordinary expenses, to be expended upon the approval or
authority of the Secretary of the Navy, and payments may be
made on his certificate of necessity for confidential
military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $7,945,854,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $44,662,729,000: Provided, That not to exceed $7,699,000
can be used for emergencies and extraordinary expenses, to be
expended upon the approval or authority of the Secretary of
the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes.
[[Page H4482]]
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary to
study and refine plans for the potential establishment of a
Space Force as a branch of the Armed Forces, $15,000,000:
Provided, That nothing in this provision shall be construed
to authorize the establishment of a Space Force.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $37,238,522,000: Provided, That not
more than $6,859,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $44,500,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $4,500,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $17,732,000, to remain available until
expended, is available only for expenses relating to certain
classified activities, and may be transferred as necessary by
the Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: Provided further, That of the funds
provided under this heading, $623,073,000, of which
$155,768,000, to remain available until September 30, 2021,
shall be available to provide support and assistance to
foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation
programs: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act: Provided
further, That of the funds made available under this heading
for the Office of the Secretary of Defense, Policy, 10
percent shall be withheld from obligation until the Secretary
of Defense submits the reports required under the heading
``Counter-ISIS Train and Equip Fund'' in the Department of
Defense Appropriations Act, 2018 (Division C of Public Law
115-141) and the Department of Defense Appropriations Act,
2019 (Division A of Public Law 115-245).
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$3,009,594,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,110,116,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $294,076,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,356,685,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $7,448,536,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $6,592,589,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $14,771,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $235,809,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $365,883,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $365,808,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this
Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $19,002,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
[[Page H4483]]
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $260,499,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$117,663,000, to remain available until September 30, 2021.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract
or by grants, under programs and activities of the Department
of Defense Cooperative Threat Reduction Program authorized
under the Department of Defense Cooperative Threat Reduction
Act, $353,700,000, to remain available until September 30,
2022.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $400,000,000, to remain available for
obligation until September 30, 2020: Provided, That no other
amounts may be otherwise credited or transferred to the Fund,
or deposited into the Fund, in fiscal year 2019 pursuant to
section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$3,689,720,000, to remain available for obligation until
September 30, 2022.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$3,218,272,000, to remain available for obligation until
September 30, 2022.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $4,849,373,000, to remain available for
obligation until September 30, 2022.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,583,895,000, to remain available for obligation until
September 30, 2022.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$7,583,678,000, to remain available for obligation until
September 30, 2022.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $18,971,913,000, to remain available
for obligation until September 30, 2022.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$4,061,797,000, to remain available for obligation until
September 30, 2022.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$848,782,000, to remain available for obligation until
September 30, 2022.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Ohio Replacement Submarine (AP), $1,611,989,000;
Carrier Replacement Program, $2,066,000,000;
Virginia Class Submarine, $4,192,346,000;
Virginia Class Submarine (AP), $4,266,552,000;
CVN Refueling Overhauls, $667,926,000;
CVN Refueling Overhauls (AP), $16,900,000;
DDG-1000 Program, $155,944,000;
DDG-51 Destroyer, $5,015,295,000;
DDG-51 Destroyer (AP), $224,028,000;
FFG-Frigate, $1,281,177,000;
TAO Fleet Oiler, $981,215,000;
TAO Fleet Oiler (AP), $73,000,000;
Towing, Salvage, and Rescue Ship, $150,282,000;
LCU 1700, $83,670,000;
Ship to Shore Connector, $65,000,000;
Service Craft, $56,289,000;
For outfitting, post delivery, conversions, and first
destination transportation, $736,243,000; and
Completion of Prior Year Shipbuilding Programs,
$55,700,000.
In all: $21,699,556,000, to remain available for obligation
until September 30, 2024: Provided, That additional
obligations may be incurred after September 30, 2024, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for
production of the common missile compartment of nuclear-
powered vessels may be available for multiyear procurement of
critical
[[Page H4484]]
components to support continuous production of such
compartments only in accordance with the provisions of
subsection (i) of section 2218a of title 10, United States
Code (as added by section 1023 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)).
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$9,123,068,000, to remain available for obligation until
September 30, 2022.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$2,838,151,000, to remain available for obligation until
September 30, 2022.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$18,082,933,000, to remain available for obligation until
September 30, 2022.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $2,789,287,000, to remain available
for obligation until September 30, 2022.
Space Procurement, Air Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $2,368,443,000, to remain available
for obligation until September 30, 2022.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,602,761,000, to remain available for obligation until
September 30, 2022.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $21,067,888,000, to remain available for obligation
until September 30, 2022.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $5,100,866,000, to remain
available for obligation until September 30, 2022.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $64,393,000,
to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $12,046,783,000, to remain
available for obligation until September 30, 2021.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $19,140,865,000, to remain
available for obligation until September 30, 2021. Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $44,554,256,000, to remain
available for obligation until September 30, 2021.
Research, Development, Test and Evaluation, Defense-wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $24,492,308,000, to
remain available for obligation until September 30, 2021.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $221,200,000, to remain available for obligation
until September 30, 2021.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,226,211,000.
Defense Counterintelligence and Security Agency Working Capital Fund
For the Defense Counterintelligence and Security Agency
Working Capital Fund, $200,000,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $33,476,039,000; of which $31,359,442,000,
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2021, and of which up to $15,176,945,000
may be available for contracts entered into under the TRICARE
program; of which $454,324,000, to remain available for
obligation until September 30, 2022, shall be for
procurement; and of which $1,662,273,000, to remain available
for obligation until September 30, 2021, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount
made available under this heading for research, development,
test and evaluation, not less than $8,000,000 shall be
available for HIV prevention educational activities
undertaken in connection with United States military
training, exercises, and humanitarian assistance activities
conducted primarily in African nations: Provided further,
That of the funds provided under this heading for research,
development, test and evaluation, not less than $930,000,000
shall be made available to the United States Army Medical
Research and Materiel Command to carry out the
congressionally directed medical research programs: Provided
further, That the Secretary of Defense shall submit to the
House
[[Page H4485]]
and Senate Appropriations Committees quarterly reports on the
current status of the deployment of the electronic health
record: Provided further, That the Secretary of Defense shall
provide notice to the House and Senate Appropriations
Committees not later than 10 business days after delaying the
proposed timeline of such deployment if such delay is longer
than one week: Provided further, That the Comptroller General
of the United States shall perform quarterly performance
reviews of such deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $985,499,000, of which $107,351,000 shall
be for operation and maintenance, of which no less than
$52,452,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $22,444,000 for
activities on military installations and $30,008,000, to
remain available until September 30, 2021, to assist State
and local governments; $2,218,000 shall be for procurement,
to remain available until September 30, 2022, of which not
less than $2,218,000 shall be for the Chemical Stockpile
Emergency Preparedness Program to assist State and local
governments; and $875,930,000, to remain available until
September 30, 2021, shall be for research, development, test
and evaluation, of which $869,430,000 shall only be for the
Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $816,755,000, of which $517,171,000
shall be for counter-narcotics support; $121,922,000 shall be
for the drug demand reduction program; $172,291,000 shall be
for the National Guard counter-drug program; and $5,371,000
shall be for the National Guard counter-drug schools program:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
and for the same purpose as the appropriation to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
contained elsewhere in this Act: Provided further, That
section 284 of title 10, United States Code, may only be
carried out using amounts appropriated under this heading for
counter-narcotics support: Provided further, That amounts
appropriated under this heading for counter-narcotics support
may not be used for the construction of fences pursuant to
subsection (b)(7) of such section: Provided further, That the
transfer authority contained in section 8005 in title VIII of
this Act shall not apply to amounts made available under this
heading: Provided further, That funds appropriated under this
heading for counter-narcotics support may only be transferred
15 days following written notification to the congressional
defense committees.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $363,499,000, of which
$360,201,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; of which $333,000 to remain
available for obligation until September 30, 2022, shall be
for procurement; and of which $2,965,000, to remain available
until September 30, 2021, shall be for research, development,
test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $558,000,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. 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. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed a total of $1,000,000,000 of
working capital funds of the Department of Defense or funds
made available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, 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, That such authority to transfer
may not be used unless the Secretary of Defense and the head
of each entity affected by such transfer certifies in writing
to the congressional defense committees, as part of the
applicable request for reprogramming required for such
transfer, that the funds will be used for higher priority
items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the
item for which funds are requested has been denied by the
Congress: Provided further, That the Secretary of Defense
shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act
shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds,
unless for higher priority items, based on unforeseen
military requirements, than those for which originally
appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings
of funds using authority provided in this section shall be
made prior to June 30, 2020.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried
out in the manner provided by such tables to the same extent
as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2020: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply
to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide''
(5) ``Environmental Restoration, Formerly Used Defense
Sites''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be
[[Page H4486]]
maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided
further, That transfers may be made between working capital
funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined
by the Secretary of Defense, with the approval of the Office
of Management and Budget, except that such transfers may not
be made unless the Secretary of Defense has notified the
Congress of the proposed transfer: Provided further, That
except in amounts equal to the amounts appropriated to
working capital funds in this Act, no obligations may be made
against a working capital fund to procure or increase the
value of war reserve material inventory, unless the Secretary
of Defense has notified the Congress prior to any such
obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2021 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2021 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2021.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2358 note) civilian personnel at the Department of
Army Science and Technology Reinvention Laboratories may not
be managed on the basis of the Table of Distribution and
Allowances, and the management of the workforce strength
shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the Service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That, in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8020. Of the funds made available in this Act,
$25,000,000 shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a
subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
[[Page H4487]]
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition
of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8022. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That, upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8023. (a) Of the funds made available in this Act, not
less than $51,800,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $37,233,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $11,000,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $3,567,000 shall be available from ``Other Procurement,
Air Force'' for vehicle and communication equipment
procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2020,
not more than 6,100 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That this
subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the Department's fiscal year 2021 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
increased by $26,800,000: Provided, That this subsection
shall not apply to appropriations for the National
Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
Sec. 8025. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8026. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8027. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8028. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2020. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8031. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8032. None of the funds made available by this Act
may be used to--
(1) disestablish, or prepare to disestablish, a Senior
Reserve Officers' Training Corps program in accordance with
Department of Defense Instruction Number 1215.08, dated June
26, 2006; or
(2) close, downgrade from host to extension center, or
place on probation a Senior Reserve Officers' Training Corps
program in accordance with the information paper of the
Department of the Army titled ``Army Senior Reserve Officer's
Training Corps (SROTC) Program Review and Criteria'', dated
January 27, 2014.
Sec. 8033. Up to $14,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment
[[Page H4488]]
of incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made
available for this purpose may be used, notwithstanding any
other funding authorities for humanitarian assistance,
security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise
prohibited from receiving such type of assistance under any
other provision of law.
Sec. 8034. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided, That
such regulations shall direct that the prices of tobacco or
tobacco-related products in overseas military retail outlets
shall be within the range of prices established for military
retail system stores located in the United States.
Sec. 8035. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2021 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2021 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2021 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8036. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2021: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947 (50 U.S.C. 3093) shall
remain available until September 30, 2021.
Sec. 8037. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8038. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8039. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the
waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and
authorized Federal entities.
Sec. 8040. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism or as
an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended:
``Shipbuilding and Conversion, Navy: DDG-51 Destroyer'',
2012/2020, $86,000,000;
``Shipbuilding and Conversion, Navy: LCAC SLEP'', 2013/
2020, $2,000,000;
``Missile Procurement, Army'', 2018/2020, $14,056,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2018/2020, $97,000,000;
``Other Procurement, Army'', 2018/2020, $10,685,000;
``Aircraft Procurement, Navy'', 2018/2020, $126,079,000;
``Other Procurement, Navy'', 2018/2020, $34,087,000;
``Procurement, Marine Corps'', 2018/2020, $9,046,000;
``Aircraft Procurement, Air Force'', 2018/2020,
$160,200,000;
``Other Procurement, Air Force'', 2018/2020, $26,000,000;
``Operation and Maintenance, Defense-Wide: DSCA Security
Cooperation Account'', 2019/2020, $21,314,000;
``Aircraft Procurement, Army'', 2019/2021, $58,600,000;
``Procurement of Weapons and Tracked Combat Vehicles'',
2019/2021, $87,567,000;
``Other Procurement, Army'', 2019/2021, $75,173,000;
``Aircraft Procurement, Navy'', 2019/2021, $501,616,000;
[[Page H4489]]
``Procurement of Ammunition, Navy and Marine Corps'', 2019/
2021, $22,000,000;
``Other Procurement, Navy'', 2019/2021, $44,964,000;
``Procurement, Marine Corps'', 2019/2021, $74,456,000;
``Aircraft Procurement, Air Force'', 2019/2021,
$629,300,000;
``Missile Procurement, Air Force'', 2019/2021, $76,000,000;
``Space Procurement, Air Force'', 2019/2021, $214,509,000;
``Procurement of Ammunition, Air Force'', 2019/2021,
$236,100,000;
``Research, Development, Test and Evaluation, Army'', 2019/
2020, $65,933,000;
``Research, Development, Test and Evaluation, Navy'', 2019/
2020, $240,088,000; and
``Research, Development, Test and Evaluation, Air Force'',
2019/2020, $131,200,000.
Sec. 8042. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8043. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8044. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing
in this section authorizes deviation from established Reserve
and National Guard personnel and training procedures.
Sec. 8045. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States.
Sec. 8046. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8047. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and
$24,000,000 to the Red Cross.
Sec. 8048. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8049. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides shall
be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural
budget.
Sec. 8050. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8052. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
Sec. 8053. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
(including transfer of funds)
Sec. 8054. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$35,000,000 shall be for continued implementation and
expansion of the Sexual Assault Special Victims' Counsel
Program: Provided, That the funds are made available for
transfer to the Department of the Army, the Department of the
Navy, and the Department of the Air Force: Provided further,
That funds transferred shall be merged with and available for
the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8055. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That the Secretary of
Defense shall, with submission of the Department's fiscal
year 2021 budget request, submit a report detailing the use
of funds requested in research, development, test and
evaluation accounts for end-items used in development,
prototyping and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the
National Intelligence Program: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8056. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
XI (chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8057. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense,
[[Page H4490]]
including areas in such military family housing units that
may be used for the purpose of conducting official Department
of Defense business.
Sec. 8058. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
45 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees.
Sec. 8059. The Secretary of Defense shall continue to
provide a classified quarterly report to the House and Senate
Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex
accompanying this Act.
Sec. 8060. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8061. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8062. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
(including transfer of funds)
Sec. 8063. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $138,103,000
shall remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8064. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit
the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal
reporting, study and develop detailed proposals for
alternative financial management processes. Such study shall
include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will
adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not
adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
Sec. 8065. In addition to amounts provided elsewhere in
this Act, $5,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.
Sec. 8066. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned
to the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force until a written modification has been proposed to
the House and Senate Appropriations Committees: Provided
further, That the proposed modification may be implemented 30
days after the notification unless an objection is received
from either the House or Senate Appropriations Committees:
Provided further, That any proposed modification shall not
preclude the ability of the commander of United States Indo-
Pacific Command to meet operational requirements.
Sec. 8067. Any notice that is required to be submitted to
the Committees on Appropriations of the Senate and the House
of Representatives under section 806(c)(4) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note) after the date of the enactment of this Act
shall be submitted pursuant to that requirement concurrently
to the Subcommittees on Defense of the Committees on
Appropriations of the Senate and the House of
Representatives.
(including transfer of funds)
Sec. 8068. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$500,000,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $95,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended;
$191,000,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$50,000,000 shall be for co-production activities of SRBMD
systems in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws,
regulations, and procedures, subject to the U.S.-Israeli co-
production agreement for SRBMD, as amended; $55,000,000 shall
be for an upper-tier component to the Israeli Missile Defense
Architecture, of which $55,000,000 shall be for co-production
activities of Arrow 3 Upper Tier systems in the United States
and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and
procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; and
$159,000,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and
airborne, detection suite: Provided further, That the
transfer authority provided under this provision is in
addition to any other transfer authority contained in this
Act.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$55,700,000 shall be available until September 30, 2020, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer funds to the following appropriations in the amounts
specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes
as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2020: Littoral Combat Ship $14,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2020: Expeditionary Sea Base $38,000,000; and
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2020: TAO Fleet Oiler $3,700,000.
Sec. 8070. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence 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. 8071. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity, unless the Secretary of
Defense notifies the congressional defense committees not
less that 30 days in advance (or in an emergency, as far in
advance as is practicable) that such program, project, or
activity must be undertaken immediately to address a
documented requirement in ongoing or anticipated contingency
operations that if left unfulfilled could potentially result
in loss of life.
Sec. 8072. The budget of the President for fiscal year
2021 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, the Procurement accounts, and the Research,
Development,
[[Page H4491]]
Test and Evaluation accounts: Provided, That these documents
shall include a description of the funding requested for each
contingency operation, for each military service, to include
all Active and Reserve components, and for each
appropriations account: Provided further, That these
documents shall include estimated costs for each element of
expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic
data including, but not limited to, troop strength for each
Active and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency:
Provided further, That these documents shall include budget
exhibits OP-5 and OP-32 (as defined in the Department of
Defense Financial Management Regulation) for all contingency
operations for the budget year and the two preceding fiscal
years.
Sec. 8073. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8074. The Secretary of Defense may use up to
$500,000,000 of the amounts appropriated or otherwise made
available in this Act to the Department of Defense for the
rapid acquisition and deployment of supplies and associated
support services pursuant to section 806 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 2302 note): Provided, That the
Secretary of Defense shall notify the congressional defense
committees promptly of all uses of this authority.
Sec. 8075. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8076. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8077. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8078. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2021.
Sec. 8079. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8080. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2020:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8081. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available
by this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) of
title 10, United States Code, shall be made in accordance
with sections 8005 or 9002 of this Act, as applicable.
Sec. 8082. Any transfer of amounts appropriated to,
credited to, or deposited in the Department of Defense
Acquisition Workforce Development Fund in or for fiscal year
2020 to a military department or Defense Agency pursuant to
section 1705(e)(1) of title 10, United States Code, shall be
covered by and subject to sections 8005 or 9002 of this Act,
as applicable.
Sec. 8083. None of the funds made available by this Act
for excess defense articles, assistance under section 333 of
title 10, United States Code, or peacekeeping operations for
the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008
(Public Law 110-457; 22 U.S.C. 2370c-1) may be used to
support any military training or operation that includes
child soldiers, as defined by the Child Soldiers Prevention
Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of
2008.
Sec. 8084. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national
security requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8085. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8086. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
(including transfer of funds)
Sec. 8087. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.
Sec. 8088. None of the funds appropriated by this Act may
be available for the purpose of making remittances to the
Department of Defense Acquisition Workforce Development Fund
in accordance with section 1705 of title 10, United States
Code.
Sec. 8089. (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 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. 8090. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1)
[[Page H4492]]
and (2) of subsection (a), with respect to any employee or
independent contractor performing work related to such
subcontract. For purposes of this subsection, a ``covered
subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8091. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $129,000,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8092. None of the funds appropriated or otherwise
made available by this Act may be used by the Department of
Defense or a component thereof in contravention of the
provisions of section 130h of title 10, United States Code.
Sec. 8093. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $450,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8094. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Office of Management and Budget, transfer not to exceed
$1,000,000,000 of the funds made available in this Act for
the National Intelligence Program: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2020.
Sec. 8095. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8096. None of the funds appropriated or otherwise
made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo
Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other
foreign entity except in accordance with section 1034 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1035 of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8097. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8098. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum
of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or loan guarantee to
Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to
the congressional defense committees that, to the best of the
Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense
shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the
Secretary of Defense pursuant to subsection (b), and not
later than 90 days after the date on which such a waiver is
issued by the Secretary of Defense, the Inspector General
shall submit to the congressional defense committees a report
containing the results of the review conducted with respect
to such waiver.
Sec. 8099. None of the funds made available in this Act
may be used for the purchase or manufacture of a flag of the
United States unless such flags are treated as covered items
under section 2533a(b) of title 10, United States Code.
Sec. 8100. (a) Of the funds appropriated in this Act for
the Department of Defense, amounts may be made available,
under such regulations as the Secretary of Defense may
prescribe, to local military commanders appointed by the
Secretary, or by an officer or employee designated by the
Secretary, to provide at their discretion ex gratia payments
in amounts consistent with subsection (d) of this section for
damage, personal injury, or death that is incident to combat
operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided
only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Any payments provided under a program under subsection
(a) shall not be considered an admission or acknowledgement
of any legal obligation to compensate for any damage,
personal injury, or death.
(d) If the Secretary of Defense determines a program under
subsection (a) to be appropriate in a particular setting, the
amounts of payments, if any, to be provided to civilians
determined to have suffered harm incident to combat
operations of the Armed Forces under the program should be
determined pursuant to regulations prescribed by the
Secretary and based on an assessment, which should include
such factors as cultural appropriateness and prevailing
economic conditions.
(e) Local military commanders shall receive legal advice
before making ex gratia payments under this subsection. The
legal advisor, under regulations of the Department of
Defense, shall advise on whether an ex gratia payment is
proper under this section and applicable Department of
Defense regulations.
(f) A written record of any ex gratia payment offered or
denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department
of Defense as determined by the Secretary of Defense.
(g) The Secretary of Defense shall report to the
congressional defense committees on an annual basis the
efficacy of the ex gratia payment program including the
number of types of cases considered, amounts offered, the
response from ex gratia payment recipients, and any
recommended modifications to the program.
Sec. 8101. The Secretary of Defense shall post grant
awards on a public website in a searchable format.
Sec. 8102. The Secretary of each military department, in
reducing each research, development, test and evaluation and
procurement account of the military department as required
under paragraph (1) of section 828(d) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note), as amended by section 825(a)(3) of the
National Defense Authorization Act for Fiscal Year 2018,
shall allocate the percentage reduction determined under
paragraph (2) of such section 828(d) proportionally from all
programs, projects, or activities under such account:
Provided, That the authority under section 804(d)(2) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note) to transfer amounts
available in the Rapid Prototyping Fund shall be subject to
section 8005 or 9002 of this Act, as applicable.
Sec. 8103. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 8104. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements
[[Page H4493]]
the transfer of administrative responsibilities or budgetary
resources of any program, project, or activity financed by
this Act to the jurisdiction of another Federal agency not
financed by this Act without the express authorization of
Congress: Provided, That this limitation shall not apply to
transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8105. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $352,044,000, to remain
available until expended, may be used for any purposes
related to the National Defense Reserve Fleet established
under section 11 of the Merchant Ship Sales Act of 1946 (46
U.S.C. 57100): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and
expenses related to the National Defense Reserve Fleet.
Sec. 8106. None of the funds made available in this Act
may be obligated for activities authorized under section 1208
of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to
initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance
with the direction contained in the classified annex
accompanying this Act, not less than 15 days before
initiating such support: Provided, That none of the funds
made available in this Act may be used under section 1208 for
any activity that is not in support of an ongoing military
operation being conducted by United States Special Operations
Forces to combat terrorism: Provided further, That the
Secretary of Defense may waive the prohibitions in this
section if the Secretary determines that such waiver is
required by extraordinary circumstances and, by not later
than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8107. None of the funds made available by this Act
may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities
in Iraq, into situations in Iraq where imminent involvement
in hostilities is clearly indicated by the circumstances, or
into Iraqi territory, airspace, or waters while equipped for
combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such
Resolution (50 U.S.C. 1542 and 1543).
Sec. 8108. None of the funds provided in this Act for the
TAO Fleet Oiler program or the FFG-Frigate program shall be
used to award a new contract that provides for the
acquisition of the following components unless those
components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services;
propulsion equipment (including engines, reduction gears, and
propellers); shipboard cranes; and spreaders for shipboard
cranes.
Sec. 8109. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8110. None of the funds made available by this Act
may be used for Government Travel Charge Card expenses by
military or civilian personnel of the Department of Defense
for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by
Department of Defense FMR, Volume 9, Chapter 3 and Department
of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8111. None of the funds appropriated by this or any
other Act may be made available to deliver F-35 air vehicles
or any other F-35 weapon system equipment to the Republic of
Turkey.
(including transfer of funds)
Sec. 8112. Of the amounts appropriated in this Act, the
Secretary of Defense may use up to $82,046,000 under the
heading ``Operation and Maintenance, Defense-Wide'', and up
to $44,001,000 under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' to develop, replace, and
sustain Federal Government security and suitability
background investigation information technology systems of
the Office of Personnel Management or other Federal agency
responsible for conducting such investigations: Provided,
That the Secretary may transfer additional amounts into these
headings or into ``Procurement, Defense-Wide'' using
established reprogramming procedures prescribed in the
Department of Defense Financial Management Regulation
7000.14, Volume 3, Chapter 6, dated September 2015: Provided
further, That such funds shall supplement, not supplant any
other amounts made available to other Federal agencies for
such purposes.
Sec. 8113. (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, or
for any activity necessary for the national defense,
including intelligence activities.
Sec. 8114. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by
this Act to the Global Engagement Center established by
section 1287 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 22 U.S.C.
2656 note) shall be made in accordance with section 8005 or
9002 of this Act, as applicable.
Sec. 8115. In addition to amounts provided elsewhere in
this Act, there is appropriated $270,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended: Provided, That
such funds shall only be available to the Secretary of
Defense, acting through the Office of Economic Adjustment of
the Department of Defense, or for transfer to the Secretary
of Education, notwithstanding any other provision of law, to
make grants, conclude cooperative agreements, or supplement
other Federal funds to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic
Adjustment or the Secretary of Education shall give priority
consideration to those military installations with schools
having the most serious capacity or facility condition
deficiencies as determined by the Secretary of Defense:
Provided further, That as a condition of receiving funds
under this section a local educational agency or State shall
provide a matching share as described in the notice titled
``Department of Defense Program for Construction, Renovation,
Repair or Expansion of Public Schools Located on Military
Installations'' published by the Department of Defense in the
Federal Register on September 9, 2011 (76 Fed. Reg. 55883 et
seq.): Provided further, That these provisions apply to funds
provided under this section, and to funds previously provided
by Congress to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools to the extent such
funds remain unobligated on the date of enactment of this
section.
Sec. 8116. In carrying out the program 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 memorandum, the Secretary of Defense shall
apply such policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without
limitation on the duration of such cryopreservation and
storage.
Sec. 8117. None of the funds made available by this Act
may be used to provide arms, training, or other assistance to
the Azov Battalion.
Sec. 8118. None of the funds provided for, or otherwise
made available, in this or any other Act, may be obligated or
expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms
and munitions appropriate for customary ceremonial honors,
operational military units, or operational military platforms
if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such
units, platforms, or equipment.
Sec. 8119. The Secretary of Defense may obligate and
expend funds made available under this Act for procurement or
for research, development, test and evaluation for the F-35
Joint Strike Fighter to modify up to six F-35 aircraft,
including up to two F-35 aircraft of each variant, to a test
configuration: Provided, That the Secretary of Defense shall,
with the concurrence of the Secretary of the Air Force and
the Secretary of the Navy, notify the congressional defense
committees not fewer than 30 days prior to obligating and
expending funds under this section: Provided further, That
any transfer of funds pursuant to the authority provided in
this section shall be made in accordance with sections 8005
or 9002 of this Act, as appropriate, if applicable: Provided
further, That aircraft referred to previously in this section
are not additional to aircraft referred to in section 8135 of
the Department of Defense Appropriations Act, 2019.
Sec. 8120. Amounts appropriated for ``Defense Health
Program'' in this Act and hereafter may be obligated to make
death gratuity payments, as authorized in subchapter II of
chapter 75 of title 10, United States Code, if no
appropriation for ``Military Personnel'' is available for
obligation for such payments: Provided, That such obligations
may subsequently be recorded against appropriations available
for ``Military Personnel''.
Sec. 8121. (a) None of the funds made available by this or
any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with,
make a grant to, or provide a loan or loan guarantee to any
corporation that has any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability,
provided that the applicable Federal agency is aware of the
unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable
Federal agency has considered suspension
[[Page H4494]]
or debarment of the corporation described in such subsection
and has made a determination that such suspension or
debarment is not necessary to protect the interests of the
Federal Government.
Sec. 8122. None of the funds made available by this Act
may be used in contravention of--
(1) Executive Order No. 13175 (65 Fed. Reg. 67249; relating
to consultation and coordination with Indian Tribal
governments); or
(2) section 1501.2(d)(2) of title 40, Code of Federal
Regulations.
Sec. 8123. Funds appropriated for the Next Generation
Aerial Refueling Aircraft (KC-46), Missile Segment
Enhancement (MSE) Missile, and Trident missile programs by
the Department of Defense Appropriations Act, 2014 (division
C of Public Law 113-76) and the Department of Defense
Appropriations Act, 2015 (division C of Public Law 113-235)
are to remain available through fiscal year 2024 for the
liquidation of valid obligations incurred for the programs
specified in this section as of September 30, 2016.
Sec. 8124. During fiscal year 2020, any advance billing
for background investigation services and related services
purchased from activities financed using Defense Working
Capital Funds shall be excluded from the calculation of
cumulative advance billings under section 2208(l)(3) of title
10, United States Code.
Sec. 8125. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended by
the Department of Defense for the Space Development Agency
(SDA), and not more than 50 percent of the funds appropriated
or otherwise made available by this Act may be obligated or
expended by the Department of Defense for the Next Generation
Overhead Persistent Infrared program (PE 1206442F) until a
period of 90 days has elapsed following the date on which the
Secretary of Defense, in consultation with the Secretary of
the Air Force and the Under Secretary of Defense for Research
and Engineering, submits to the congressional defense
committees--
(1) the proposed plan to establish the SDA, and a
description of the programs and projects the SDA plans to
carry out over the next three years, including associated
funding requirements;
(2) a description of how the Air Force and the SDA will
coordinate and cooperate to develop an agreed-upon integrated
space architecture that will guide both SDA and Air Force
investments;
(3) the process by which the SDA and the Air Force will
cooperate in demonstrating and prototyping new capabilities,
and transition to programs of record;
(4) the proposed physical location of the SDA and the
proposed number of government and contractor personnel
expected to comprise the SDA in the first three years; and
(5) a plan to transition the SDA into the Air Force not
later than fiscal year 2022, or into a Space Force.
Sec. 8126. None of the funds appropriated or otherwise
made available by this or any other Act may be used to
transfer any element, personnel, property, or resources of
the intelligence community, as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003), to the Space
Force.
Sec. 8127. None of the funds appropriated or otherwise
made available by this Act or any prior Department of Defense
appropriations Acts may be used to construct a wall, fence,
border barriers, or border security infrastructure along the
southern land border of the United States.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,743,132,000: 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.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$356,392,000: 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.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $104,213,000: 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.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,007,594,000: 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.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$34,812,000: 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.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,370,000: 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.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $3,599,000: 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.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $16,428,000: 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.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $202,644,000: 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.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $5,624,000: 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.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $18,507,827,000: 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.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $6,561,650,000, of which up to $190,000,000 may be
transferred to the Coast Guard ``Operating Expenses''
account: 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.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,124,791,000: 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.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $9,314,379,000: 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.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $8,105,206,000: Provided, That of the funds
provided under this heading, not to exceed $450,000,000, to
remain available until September 30, 2021, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and
Syria: Provided further, That such reimbursement payments may
be made in such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in consultation
with the Director of the Office of Management and Budget, may
determine, based on documentation determined by the Secretary
of Defense to adequately account for the support provided,
and such determination is final and conclusive upon the
accounting officers of the United States, and 15 days
following written notification to the appropriate
congressional committees: Provided further, That these funds
may be used for the purpose of providing specialized training
and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United
States military and stability operations in Afghanistan and
to counter the Islamic State of Iraq and Syria, and 15 days
following written notification to the appropriate
congressional committees: Provided further, That these funds
may be used to support the Government of Jordan in such
amounts as the Secretary of Defense may determine, to enhance
the ability of the armed forces of Jordan to increase or
sustain security along its borders, upon 15 days prior
written notification to the congressional defense committees
outlining the amounts intended to be provided and the nature
of the expenses incurred: Provided further, That of the funds
provided under this heading, not to exceed $749,178,000 to
remain available until September 30, 2021, shall be available
to provide support and assistance to foreign security forces
or other groups or individuals to conduct, support or
facilitate counterterrorism, crisis response, or other
Department of Defense security cooperation programs: Provided
further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph: Provided
further, That such amount is designated
[[Page H4495]]
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.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $37,592,000: 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.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $23,036,000: 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.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $8,707,000: 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.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $29,758,000: 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.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $83,291,000: 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.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $176,909,000: 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.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$4,503,978,000, to remain available until September 30, 2021:
Provided, That such funds shall be available to the Secretary
of Defense for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the
Secretary's designee, to provide assistance, with the
concurrence of the Secretary of State, to the security forces
of Afghanistan, including the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funding: Provided
further, That the Secretary of Defense may obligate and
expend funds made available to the Department of Defense in
this title for additional costs associated with existing
projects previously funded with amounts provided under the
heading ``Afghanistan Infrastructure Fund'' in prior Acts:
Provided further, That such costs shall be limited to
contract changes resulting from inflation, market
fluctuation, rate adjustments, and other necessary contract
actions to complete existing projects, and associated
supervision and administration costs and costs for design
during construction: Provided further, That the Secretary may
not use more than $50,000,000 under the authority provided in
this section: Provided further, That the Secretary shall
notify in advance such contract changes and adjustments in
annual reports to the congressional defense committees:
Provided further, That the authority to provide assistance
under this heading is in addition to any other authority to
provide assistance to foreign nations: Provided further, That
contributions of funds for the purposes provided herein from
any person, foreign government, or international organization
may be credited to this Fund, to remain available until
expended, and used for such purposes: Provided further, That
the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the
obligation of any contribution, delineating the sources and
amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional
defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense
shall notify the congressional defense committees in writing
and not fewer than 15 days prior to obligating funds for any
proposed new projects or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided
further, That the United States may accept equipment procured
using funds provided under this heading in this or prior Acts
that was transferred to the security forces of Afghanistan
and returned by such forces to the United States: Provided
further, That equipment procured using funds provided under
this heading in this or prior Acts, and not yet transferred
to the security forces of Afghanistan or transferred to the
security forces of Afghanistan and returned by such forces to
the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional
defense committees: Provided further, That of the funds
provided under this heading, not less than $10,000,000 shall
be for recruitment and retention of women in the Afghanistan
National Security Forces, and the recruitment and training of
female security personnel: Provided further, That funds
appropriated under this heading and made available for the
salaries and benefits of personnel of the Afghanistan
Security Forces may only be used for personnel who are
enrolled in the Afghanistan Personnel and Pay System:
Provided further, 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.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $1,295,000,000, to remain available until
September 30, 2021: Provided, That such funds shall be
available to the Secretary of Defense in coordination with
the Secretary of State, to provide assistance, including
training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation; and
sustainment, to foreign security forces, irregular forces,
groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of
Iraq and Syria, and their affiliated or associated groups:
Provided further, That these funds may be used in such
amounts as the Secretary of Defense may determine to enhance
the border security of nations adjacent to conflict areas
including Jordan, Lebanon, Egypt, and Tunisia resulting from
actions of the Islamic State of Iraq and Syria: Provided
further, That amounts made available under this heading shall
be available to provide assistance only for activities in a
country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a
security mission to counter the Islamic State of Iraq and
Syria, and following written notification to the
congressional defense committees of such designation:
Provided further, That the Secretary of Defense shall ensure
that prior to providing assistance to elements of any forces
or individuals, such elements or individuals are
appropriately vetted, including at a minimum, assessing such
elements for associations with terrorist groups or groups
associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the
Government of Iraq and other entities, to carry out
assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein
from any foreign government or other entity may be credited
to this Fund, to remain available until expended, and used
for such purposes: Provided further, That the Secretary of
Defense may waive a provision of law relating to the
acquisition of items and support services or sections 40 and
40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785)
if the Secretary determines that such provision of law would
prohibit, restrict, delay or otherwise limit the provision of
such assistance and a notice of and justification for such
waiver is submitted to the congressional defense committees,
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using
funds provided under this heading, or under the heading,
``Iraq Train and Equip Fund'' in prior Acts, that was
transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria and returned by
such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of
Defense upon written notification to the congressional
defense committees: Provided further, That equipment procured
using funds provided under this heading, or under the
heading, ``Iraq Train and Equip Fund'' in prior Acts, and not
yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in
activities to counter the Islamic State of Iraq and Syria may
be treated as stocks of the Department of Defense when
determined by the Secretary to no longer be required for
transfer to such forces or groups and upon written
notification to the congressional defense committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided under this heading, including, but
not limited to, the number of individuals trained, the nature
and scope of support and sustainment provided to each group
or individual, the area of operations for each group, and the
contributions of other countries, groups, or individuals:
Provided further, 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.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $482,091,000, to remain available until September 30,
2022: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War
[[Page H4496]]
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$1,414,218,000, to remain available until September 30, 2022:
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.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $353,454,000, to remain
available until September 30, 2022: 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.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $148,682,000, to remain available until September 30,
2022: 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.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,105,850,000, to remain available until September 30, 2022:
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.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $119,045,000, to remain available until September 30,
2022: 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.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$116,429,000, to remain available until September 30, 2022:
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.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $204,814,000, to remain available
until September 30, 2022: 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.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$351,300,000, to remain available until September 30, 2022:
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.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$20,589,000, to remain available until September 30, 2022:
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.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $513,310,000, to remain available until September
30, 2022: 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.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $201,671,000, to remain available until September
30, 2022: 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.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $939,433,000 to remain available until September
30, 2022: 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.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $4,011,201,000, to remain available until September
30, 2022: 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.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$465,987,000, to remain available until September 30, 2022:
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.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical
and support vehicles; other weapons; and other procurement
items for the reserve components of the Armed Forces,
$1,300,000,000, to remain available for obligation until
September 30, 2022: Provided, That the Chiefs of National
Guard and Reserve components shall, not later than 30 days
after enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned
fixed wing aircraft, or procure or modify missiles,
munitions, or ammunition: Provided further, 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $169,074,000, to remain available
until September 30, 2021: 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.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $164,410,000, to remain available
until September 30, 2021: 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.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $128,248,000, to remain
available until September 30, 2021: 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.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $382,636,000 , to remain
available until September 30, 2021: 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.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $20,100,000: 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.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$347,746,000, which shall be for operation and maintenance:
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.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $153,100,000: Provided,
That the transfer authority contained in section 9002 in
title IX of this Act shall not apply to amounts made
available under this heading: Provided further, 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.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,254,000: 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.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2020.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary
[[Page H4497]]
in the national interest, the Secretary may, with the
approval of the Office of Management and Budget, transfer up
to $500,000,000 between the appropriations or funds made
available to the Department of Defense in this title:
Provided, That the Secretary shall notify the Congress
promptly of each transfer made pursuant to the authority in
this section: Provided further, That the authority provided
in this section is in addition to any other transfer
authority available to the Department of Defense and is
subject to the same terms and conditions as the authority
provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund''
provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be
obligated at the time a construction contract is awarded:
Provided, That, for the purpose of this section, supervision
and administration costs and costs for design during
construction include all in-house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility: (1) passenger
motor vehicles up to a limit of $75,000 per vehicle; and (2)
heavy and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts
appropriated by this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale,
humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project
(including any ancillary or related elements in connection
with such project) executed under this authority shall not
exceed $2,000,000: Provided further, That not later than 45
days after the end of each 6 months of the fiscal year, the
Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period
that were made available pursuant to the authority provided
in this section or under any other provision of law for the
purposes described herein: Provided further, That, not later
than 30 days after the end of each fiscal year quarter, the
Army shall submit to the congressional defense committees
quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less
than 15 days before making funds available pursuant to the
authority provided in this section or under any other
provision of law for the purposes described herein for a
project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to allied forces participating in a
combined operation with the armed forces of the United States
and coalition forces supporting military and stability
operations in Afghanistan and to counter the Islamic State of
Iraq and Syria: Provided, That the Secretary of Defense shall
provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000
using ASFF: Provided further, That the Department of Defense
must certify to the congressional defense committees that the
AROC has convened and approved a process for ensuring
compliance with the requirements in the preceding proviso and
accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet
the operational requirements of a Commander of a Combatant
Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item
unit cost of not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by
this Act for the Defense Security Cooperation Agency in
``Operation and Maintenance, Defense-Wide'' may be used to
provide assistance to the Government of Jordan to support the
armed forces of Jordan and to enhance security along its
borders.
Sec. 9012. None of the funds made available by this Act
under the heading ``Counter-ISIS Train and Equip Fund'' may
be used to procure or transfer man-portable air defense
systems.
Sec. 9013. For the ``Ukraine Security Assistance
Initiative'', $250,000,000 is hereby appropriated, to remain
available until September 30, 2020: Provided, That such funds
shall be available to the Secretary of Defense, in
coordination with the Secretary of State, to provide
assistance, including training; equipment; lethal assistance;
logistics support, supplies and services; sustainment; and
intelligence support to the military and national security
forces of Ukraine, and for replacement of any weapons or
articles provided to the Government of Ukraine from the
inventory of the United States: Provided further, That of the
amounts made available in this section, $50,000,000 shall be
available only for lethal assistance described in paragraphs
(2) and (3) of section 1250(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1068): Provided further, That the Secretary of
Defense shall, not less than 15 days prior to obligating
funds provided under this heading, notify the congressional
defense committees in writing of the details of any such
obligation: Provided further, That the United States may
accept equipment procured using funds provided under this
heading in this or prior Acts that was transferred to the
security forces of Ukraine and returned by such forces to the
United States: Provided further, That equipment procured
using funds provided under this heading in this or prior
Acts, and not yet transferred to the military or National
Security Forces of Ukraine or returned by such forces to the
United States, may be treated as stocks of the Department of
Defense upon written notification to the congressional
defense committees: Provided further, That amounts made
available by this section are 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.
Sec. 9014. Funds appropriated in this title shall be
available for replacement of funds for items provided to the
Government of Ukraine from the inventory of the United States
to the extent specifically provided for in section 9013 of
this Act.
Sec. 9015. None of the funds made available by this Act
under section 9013 may be used to procure or transfer man-
portable air defense systems.
Sec. 9016. Equipment procured using funds provided in
prior Acts under the heading ``Counterterrorism Partnerships
Fund'' for the program authorized by section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291),
and not yet transferred to authorized recipients may be
transferred to foreign security forces, irregular forces,
groups, or individuals, authorized to receive assistance
using amounts provided under the heading ``Counter-ISIS Train
and Equip Fund'' in this Act: Provided, That such equipment
may be transferred 15 days following written notification to
the congressional defense committees.
Sec. 9017. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' for payments under section 1233
of Public Law 110-181 for reimbursement to the Government of
Pakistan may be made available unless the Secretary of
Defense, in coordination with the Secretary of State,
certifies to the congressional defense committees that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
other domestic and foreign terrorist organizations, including
taking steps to end support for
[[Page H4498]]
such groups and prevent them from basing and operating in
Pakistan and carrying out cross border attacks into
neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in subsection
(a) on a case-by-case basis by certifying in writing to the
congressional defense committees that it is in the national
security interest to do so: Provided, That if the Secretary
of Defense, in coordination with the Secretary of State,
exercises such waiver authority, the Secretaries shall report
to the congressional defense committees on both the
justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in
classified form if necessary.
(including transfer of funds)
Sec. 9018. In addition to amounts otherwise made available
in this Act, $500,000,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
the operation and maintenance, military personnel, and
procurement accounts, to improve near-term intelligence,
surveillance, and reconnaissance capabilities and related
processing, exploitation, and dissemination functions of the
Department of Defense: Provided, That the transfer authority
provided in this section is in addition to any other transfer
authority provided elsewhere in this Act: Provided further,
That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense
shall submit a report to the congressional defense committees
on the proposed uses of these funds: Provided further, That
the funds provided in this section may not be transferred to
any program, project, or activity specifically limited or
denied by this Act: Provided further, That such funds may not
be obligated for new start efforts: Provided further, That
amounts made available by this section are 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:
Provided further, That the authority to provide funding under
this section shall terminate on September 30, 2020.
Sec. 9019. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9020. None of the funds in this Act may be made
available for the transfer of additional C-130 cargo aircraft
to the Afghanistan National Security Forces or the
Afghanistan Air Force until the Department of Defense
provides a report to the congressional defense committees of
the Afghanistan Air Force's medium airlift requirements. The
report should identify Afghanistan's ability to utilize and
maintain existing medium lift aircraft in the inventory and
the best alternative platform, if necessary, to provide
additional support to the Afghanistan Air Force's current
medium airlift capacity.
Sec. 9021. Funds available for the Afghanistan Security
Forces Fund may be used to provide limited training,
equipment, and other assistance that would otherwise be
prohibited by 10 U.S.C. 362 to a unit of the security forces
of Afghanistan only if the Secretary certifies to the
congressional defense committees, within 30 days of a
decision to provide such assistance, that (1) a denial of
such assistance would present significant risk to U.S. or
coalition forces or significantly undermine United States
national security objectives in Afghanistan; and (2) the
Secretary has sought a commitment by the Government of
Afghanistan to take all necessary corrective steps: Provided,
That such certification shall be accompanied by a report
describing: (1) the information relating to the gross
violation of human rights; (2) the circumstances that
necessitated the provision of such assistance; (3) the Afghan
security force unit involved; (4) the assistance provided and
the assistance withheld; and (5) the corrective steps to be
taken by the Government of Afghanistan: Provided further,
That every 120 days after the initial report an additional
report shall be submitted detailing the status of any
corrective steps taken by the Government of Afghanistan:
Provided further, That if the Government of Afghanistan has
not initiated necessary corrective steps within one year of
the certification, the authority under this section to
provide assistance to such unit shall no longer apply:
Provided further, That the Secretary shall submit a report to
such committees detailing the final disposition of the case
by the Government of Afghanistan.
Sec. 9022. None of the funds made available by this Act
may be used to pay the expenses of any member of the Taliban
to participate in any meeting that does not include the
participation of members of the Government of Afghanistan or
that restricts the participation of women.
(rescissions)
Sec. 9023. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are 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:
``Operation and Maintenance, Defense-Wide: Defense Security
Cooperation Account'', 2019/2020, $7,000,000;
``Afghanistan Security Forces Fund'', 2019/2020,
$30,000,000;
``Counter-ISIS Train and Equip Fund'', 2019/2020,
$13,000,000; and
``Procurement of Ammunition, Navy and Marine Corps'', 2019/
2021, $16,574,000.
Sec. 9024. 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 (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
Sec. 9025. (a) The Authorization for Use of Military Force
(Public Law 107-40; 50 U.S.C. 1541 note) is hereby repealed.
(b) The repeal contained in subsection (a)--
(1) takes effect on the date that is 240 days after the
date of the enactment of this Act; and
(2) applies with respect to each operation or other action
that is being carried out pursuant to the Authorization for
Use of Military Force initiated before such effective date.
Sec. 9026. Nothing in this Act may be construed as
authorizing the use of force against Iran.
TITLE X--TO DIRECT THE REMOVAL OF UNITED STATES ARMED FORCES FROM
HOSTILITIES IN THE REPUBLIC OF YEMEN THAT HAVE NOT BEEN AUTHORIZED BY
CONGRESS
SEC. 10001. FINDINGS.
Congress makes the following findings:
(1) Congress has the sole power to declare war under
article I, section 8, clause 11 of the United States
Constitution.
(2) Congress has not declared war with respect to, or
provided a specific statutory authorization for, the conflict
between military forces led by Saudi Arabia, including forces
from the United Arab Emirates, Bahrain, Kuwait, Egypt,
Jordan, Morocco, Senegal, and Sudan (the Saudi-led
coalition), against the Houthis, also known as Ansar Allah,
in the Republic of Yemen.
(3) Since March 2015, members of the United States Armed
Forces have been introduced into hostilities between the
Saudi-led coalition and the Houthis, including providing to
the Saudi-led coalition aerial targeting assistance,
intelligence sharing, and mid-flight aerial refueling.
(4) The United States has established a Joint Combined
Planning Cell with Saudi Arabia, in which members of the
United States Armed Forces assist in aerial targeting and
help to coordinate military and intelligence activities.
(5) In December 2017, Secretary of Defense James N. Mattis
stated, ``We have gone in to be very--to be helpful where we
can in identifying how you do target analysis and how you
make certain you hit the right thing.''.
(6) The conflict between the Saudi-led coalition and the
Houthis constitutes, within the meaning of section 4(a) of
the War Powers Resolution (50 U.S.C. 1543(a)), either
hostilities or a situation where imminent involvement in
hostilities is clearly indicated by the circumstances into
which United States Armed Forces have been introduced.
(7) Section 5(c) of the War Powers Resolution (50 U.S.C.
1544(c)) states that ``at any time that United States Armed
Forces are engaged in hostilities outside the territory of
the United States, its possessions and territories without a
declaration of war or specific statutory authorization, such
forces shall be removed by the President if the Congress so
directs''.
(8) Section 8(c) of the War Powers Resolution (50 U.S.C.
1547(c)) defines the introduction of United States Armed
Forces to include ``the assignment of members of such armed
forces to command, coordinate, participate in the movement
of, or accompany the regular or irregular military forces of
any foreign country or government when such military forces
are engaged, or there exists an imminent threat that such
forces will become engaged, in hostilities,'' and activities
that the United States is conducting in support of the Saudi-
led coalition, including aerial refueling and targeting
assistance, fall within this definition.
(9) Section 1013 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides
that any joint resolution or bill to require the removal of
United States Armed Forces engaged in hostilities without a
declaration of war or specific statutory authorization shall
be considered in accordance with the expedited procedures of
section 601(b) of the International Security and Arms Export
Control Act of 1976 (Public Law 94-329; 90 Stat. 765).
(10) No specific statutory authorization for the use of
United States Armed Forces with respect to the conflict
between the Saudi-led coalition and the Houthis in Yemen has
been enacted, and no provision of law explicitly authorizes
the provision of targeting assistance or of
[[Page H4499]]
midair refueling services to warplanes of Saudi Arabia or the
United Arab Emirates that are engaged in such conflict.
SEC. 10002. REMOVAL OF UNITED STATES ARMED FORCES FROM
HOSTILITIES IN THE REPUBLIC OF YEMEN THAT HAVE
NOT BEEN AUTHORIZED BY CONGRESS.
Pursuant to section 1013 of the Department of State
Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C.
1546a) and in accordance with the provisions of section
601(b) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 765),
Congress hereby directs the President to remove United States
Armed Forces from hostilities in or affecting the Republic of
Yemen, except United States Armed Forces engaged in
operations directed at al Qaeda or associated forces, by not
later than the date that is 30 days after the date of the
enactment of this Act (unless the President requests and
Congress authorizes a later date), and unless and until a
declaration of war or specific authorization for such use of
United States Armed Forces has been enacted. For purposes of
this title, in this section, the term ``hostilities''
includes in-flight refueling of non-United States aircraft
conducting missions as part of the ongoing civil war in
Yemen.
SEC. 10003. RULE OF CONSTRUCTION REGARDING CONTINUED MILITARY
OPERATIONS AND COOPERATION WITH ISRAEL.
Nothing in this title shall be construed to influence or
disrupt any military operations and cooperation with Israel.
SEC. 10004. RULE OF CONSTRUCTION REGARDING INTELLIGENCE
SHARING.
Nothing in this title may be construed to influence or
disrupt any intelligence, counterintelligence, or
investigative activities relating to threats in or emanating
from Yemen conducted by, or in conjunction with, the United
States Government involving--
(1) the collection of intelligence;
(2) the analysis of intelligence; or
(3) the sharing of intelligence between the United States
and any coalition partner if the President determines such
sharing is appropriate and in the national security interests
of the United States.
SEC. 10005. REPORT ON RISKS POSED BY CEASING SAUDI ARABIA
SUPPORT OPERATIONS.
Not later than 90 days after the date of the enactment of
this Act, the President shall submit to Congress a report
assessing the risks posed to United States citizens and the
civilian population of Saudi Arabia and the risk of regional
humanitarian crises if the United States were to cease
support operations with respect to the conflict between the
Saudi-led coalition and the Houthis in Yemen.
SEC. 10006. REPORT ON INCREASED RISK OF TERRORIST ATTACKS TO
UNITED STATES ARMED FORCES ABROAD, ALLIES, AND
THE CONTINENTAL UNITED STATES IF SAUDI ARABIA
CEASES YEMEN-RELATED INTELLIGENCE SHARING WITH
THE UNITED STATES.
Not later than 90 days after the date of the enactment of
this Act, the President shall submit to Congress a report
assessing the increased risk of terrorist attacks on United
States Armed Forces abroad, allies, and to the continental
United States if the Government of Saudi Arabia were to cease
Yemen-related intelligence sharing with the United States.
SEC. 10007. RULE OF CONSTRUCTION REGARDING NO AUTHORIZATION
FOR USE OF MILITARY FORCE.
Consistent with section 8(a)(1) of the War Powers
Resolution (50 U.S.C. 1547(a)(1)), nothing in this title may
be construed as authorizing the use of military force.
TITLE XI--ADDITIONAL GENERAL PROVISIONS
Sec. 11001. 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. 11002. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 116-84. 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.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2020''.
DIVISION D--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of State, foreign operations, and related programs for the
fiscal year ending September 30, 2020, and for other
purposes, namely:
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,245,766,000,
of which up to $772,480,000 may remain available until
September 30, 2021, and of which up to $4,095,899,000 may
remain available until expended for Worldwide Security
Protection: Provided, That of the amount made available under
this heading for Worldwide Security Protection,
$2,626,122,000 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: Provide further, That designated
funds made available under this heading shall be allocated in
accordance with paragraphs (1) through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948,
$2,900,417,000, of which up to $509,782,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,955,868,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation and
disarmament activities as authorized, $780,057,000.
(4) Security programs.--For necessary expenses for security
activities, $3,609,424,000, of which up to $3,586,117,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(7) Clarification.--References to the ``Diplomatic and
Consular Programs'' account in any provision of law shall in
this fiscal year, and each fiscal year thereafter, be
construed to include the ``Diplomatic Programs'' account.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $140,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to
post inspections: Provided, That of the funds appropriated by
this paragraph, $13,624,000 may remain available until
September 30, 2021.
In addition, for the Special Inspector General for
Afghanistan Reconstruction (SIGAR) for reconstruction
oversight, $54,900,000, which 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, of which up to
$8,235,000 may remain available until September 30, 2021.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $730,000,000, to remain available until
expended, of which not less than $272,000,000 shall be for
the Fulbright Program and not less than $111,961,000 shall be
for Citizen Exchange Program: Provided, That fees or other
payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to
this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the
Eurasia and Central Asia regions shall be designated as
Edmund S. Muskie Fellowships, following consultation with the
Committees on Appropriations: Provided further, That any
substantive modifications from the prior fiscal year to
programs funded by this Act under this heading shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,212,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,890,000, to remain available
until September 30, 2021.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing,
[[Page H4500]]
and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds
otherwise available, the Harry S Truman Building,
$781,562,000, to remain available until September 30, 2024,
of which not to exceed $25,000 may be used for overseas
representation expenses as authorized: Provided, That none of
the funds appropriated in this paragraph shall be available
for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States
Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,205,649,000,
to remain available until expended, of which $424,087,000 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.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $7,885,000, to remain
available until expended, of which not to exceed $1,000,000
may be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
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 funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$5,563,619.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees
collected from other executive agencies for lease or use of
facilities at the International Center in accordance with
section 4 of the International Center Act (Public Law 90-
553), and, in addition, as authorized by section 5 of such
Act, $743,000, to be derived from the reserve authorized by
such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate,
conventions, or specific Acts of Congress, $1,520,285,000, of
which $96,240,000 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: Provided, That the Secretary of
State shall, at the time of the submission of the President's
budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations
for the operations of the United Nations: Provided further,
That any payment of arrearages under this heading shall be
directed to activities that are mutually agreed upon by the
United States and the respective international organization
and shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That
none of the funds appropriated under this heading shall be
available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $2,128,414,000, of which $988,656,000 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:
Provided, That of the funds made available under this heading
up to $1,159,620,000 may remain available until September 30,
2021: Provided further, That none of the funds made available
by this Act shall be obligated or expended for any new or
expanded United Nations peacekeeping mission unless, at least
15 days in advance of voting for such mission in the United
Nations Security Council (or in an emergency as far in
advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the
mission, the objectives of the mission, the national interest
that will be served, and the exit strategy; and (2) the
sources of funds, including any reprogrammings or transfers,
that will be used to pay the cost of the new or expanded
mission, and the estimated cost in future fiscal years:
Provided further, That none of the funds appropriated under
this heading may be made available for obligation unless the
Secretary of State certifies and reports to the Committees on
Appropriations on a peacekeeping mission-by-mission basis
that the United Nations is implementing effective policies
and procedures to prevent United Nations employees,
contractor personnel, and peacekeeping troops serving in such
mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of sexual exploitation and
abuse or other violations of human rights, and to hold
accountable individuals who engage in such acts while
participating in such mission, including prosecution in their
home countries and making information about such prosecutions
publicly available on the website of the United Nations:
Provided further, That the Secretary of State shall work with
the United Nations and foreign governments contributing
peacekeeping troops to implement effective vetting procedures
to ensure that such troops have not violated human rights:
Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are
not being given opportunities to provide equipment, services,
and material for United Nations peacekeeping activities equal
to those being given to foreign manufacturers and suppliers:
Provided further, That none of the funds appropriated or
otherwise made available under this heading may be used for
any United Nations peacekeeping mission that will involve
United States Armed Forces under the command or operational
control of a foreign national, unless the President's
military advisors have submitted to the President a
recommendation that such involvement is in the national
interest of the United States and the President has submitted
to Congress such a recommendation: Provided further, That the
Secretary of State shall work with the United Nations and
members of the United Nations Security Council to evaluate
and prioritize peacekeeping missions, and to consider a draw
down when mission goals have been substantially achieved:
Provided further, That, of the amounts appropriated under
this heading, not less than $478,994,000 shall be disbursed
to the United Nations not later than 45 days after the
enactment of this Act for the remaining amounts necessary to
pay in full for fiscal years 2017 and 2018 the United States
share of the cost of international peacekeeping activities in
accordance with section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C.
287e note), as amended by section 7048(h) of this Act.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$48,170,000.
construction
For detailed plan preparation and construction of
authorized projects, $29,400,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and the Border Environment Cooperation Commission as
authorized by the North American Free Trade Agreement
Implementation Act (Public Law 103-182), $12,732,000:
Provided, That of the amount provided under this heading for
the International Joint Commission, up to $500,000 may remain
available until September 30, 2021, and $9,000 may be made
available for representation expenses: Provided further, That
of the amount provided under this heading for the
International Boundary Commission, $1,000 may be made
available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $51,058,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency
for Global Media (USAGM), as authorized, to carry out
international communication activities, and to make and
supervise grants for radio, Internet, and television
broadcasting to the Middle East, $798,196,000: Provided, That
in addition to amounts otherwise available for such purposes,
up to $34,508,000 of the amount appropriated under this
heading may remain available until expended for satellite
transmissions and Internet freedom programs, of which not
less than $13,800,000 shall be for Internet freedom programs:
Provided further, That of the total amount appropriated under
this heading, not to exceed $35,000 may be used for
representation expenses, of which $10,000 may be used for
such expenses within the United States as authorized, and not
to exceed $30,000 may be used for representation expenses of
Radio Free Europe/Radio Liberty: Provided further, That the
USAGM shall notify the Committees on Appropriations within 15
days of
[[Page H4501]]
any determination by the USAGM that any of its broadcast
entities, including its grantee organizations, provides an
open platform for international terrorists or those who
support international terrorism, or is in violation of the
principles and standards set forth in subsections (a) and (b)
of section 303 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's
journalistic code of ethics: Provided further, That in
addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $5,000,000
in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating
international organizations, and up to $1,000,000 in receipts
from privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available
until expended for carrying out authorized purposes: Provided
further, That any reference to the ``Broadcasting Board of
Governors'' or ``BBG'', including in any account providing
amounts to the Broadcasting Board of Governors, in any Act
making appropriations for the Department of State, foreign
operations, and related programs enacted before, on, or after
the date of the enactment of this Act shall for this fiscal
year, and any fiscal year thereafter, be construed to mean
the ``United States Agency for Global Media'' or ``USAGM'',
respectively.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television,
and digital transmission and reception, as authorized; and
physical security worldwide, in addition to amounts otherwise
available for such purposes, $9,700,000, to remain available
until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $19,000,000, to remain
available until expended: Provided, That funds appropriated
under this heading shall be apportioned and obligated to the
Foundation not later than 60 days after enactment of this
Act.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $38,634,000, to remain
available until September 30, 2021, which shall not be used
for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (22
U.S.C. 2078), the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2020, to
remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2020, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by section 5376 of title 5, United States
Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations,
including the restrictions on compensation for personal
services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452 note), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2020, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $16,700,000: Provided,
That funds appropriated under this heading shall be
apportioned and obligated to the Center not later than 60
days after enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $180,000,000,
to remain available until expended, of which $117,500,000
shall be allocated in the traditional and customary manner,
including for the core institutes, and $62,500,000 shall be
for democracy programs: Provided, That the requirements of
section 7061(a) of this Act shall not apply to funds made
available under this heading: Provided further, That funds
appropriated under this heading shall be apportioned and
obligated to the Endowment not later than 30 days after
enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $642,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2020:
Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such
authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by
title II of the International Religious Freedom Act of 1998
(22 U.S.C. 6431 et seq.), $4,500,000, to remain available
until September 30, 2021, including not more than $4,000 for
representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,579,000, including not more than
$4,000 for representation expenses, to remain available until
September 30, 2021.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized
by title III of the U.S.-China Relations Act of 2000 (22
U.S.C. 6911 et seq.), $2,000,000, including not more than
$3,000 for representation expenses, to remain available until
September 30, 2021.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2021: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall continue in effect during fiscal
year 2020 and shall apply to funds appropriated under this
heading as if included in this Act.
Western Hemisphere Drug Policy Commission
salaries and expenses
For necessary expenses of the Western Hemisphere Drug
Policy Commission, as authorized by title VI of the
Department of State Authorities Act, Fiscal Year 2017 (Public
Law 114-323), $500,000 to remain available until September
30, 2021.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,404,756,000, of which up to $210,713,000 may remain
available until September 30, 2021: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated
under this heading may entail commitments for the expenditure
of such funds through the following fiscal year: Provided
further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to ``Operating Expenses''
in accordance with the provisions of those sections: Provided
further, That of the funds appropriated or made available
under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses,
and not to exceed $100,500 shall be for official residence
expenses, for USAID during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $210,300,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available subject to
the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$75,500,000, of which up to
[[Page H4502]]
$11,325,000 may remain available until September 30, 2021,
for the Office of Inspector General of the United States
Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $3,366,500,000, to
remain available until September 30, 2021, and which shall be
apportioned directly to the United States Agency for
International Development not later than 30 days after
enactment of this Act: Provided, That this amount shall be
made available for training, equipment, and technical
assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6)
disaster preparedness training for health crises; (7)
programs to prevent, prepare for, and respond to,
unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That
funds appropriated under this paragraph may be made available
for a United States contribution to The GAVI Alliance:
Provided further, That none of the funds made available in
this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the
United States, supports or participates in the management of
a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the
previous proviso must be made not later than 6 months after
the date of enactment of this Act, and must be accompanied by
the evidence and criteria utilized to make the determination:
Provided further, That none of the funds made available under
this Act may be used to pay for the performance of abortion
as a method of family planning or to motivate or coerce any
person to practice abortions: Provided further, That nothing
in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of
the Foreign Assistance Act of 1961: Provided further, That
none of the funds made available under this Act may be used
to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following
requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of
family planning acceptors, or acceptors of a particular
method of family planning (this provision shall not be
construed to include the use of quantitative estimates or
indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota
of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of this
or any other Act authorizing or appropriating funds for the
Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,930,000,000, to remain available until September 30,
2024, which shall be apportioned directly to the Department
of State not later than 30 days after enactment of this Act:
Provided, That funds appropriated under this paragraph may be
made available, notwithstanding any other provision of law,
except for the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25),
for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund): Provided
further, That the amount of such contribution shall be
$1,560,000,000 and shall be for the first installment of the
sixth replenishment: Provided further, That up to 5 percent
of the aggregate amount of funds made available to the Global
Fund in fiscal year 2020 may be made available to USAID for
technical assistance related to the activities of the Global
Fund, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this paragraph, up to $17,000,000
may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of
the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $4,164,867,000, to remain available until September 30,
2021: Provided, That funds made available under this heading
shall be apportioned directly to the United States Agency for
International Development not later than 30 days after
enactment of this Act.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $4,435,312,000, to remain
available until expended, of which $1,733,980,000 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: Provided, That funds made available
under this heading shall be apportioned to the United States
Agency for International Development not later than 30 days
after enactment of this Act.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency
for International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, $92,043,000, to remain
available until expended, to support transition to democracy
and long-term development of countries in crisis: Provided,
That if the Secretary of State determines that it is
important to the national interest of the United States to
provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the
funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961 may be used for
purposes of this heading and under the authorities applicable
to funds appropriated under this heading: Provided further,
That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with
the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to support programs and
activities administered by the United States Agency for
International Development to prevent or respond to emerging
or unforeseen foreign challenges and complex crises overseas,
$30,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made
available on such terms and conditions as are appropriate and
necessary for the purposes of preventing or responding to
such challenges and crises, except that no funds shall be
made available for lethal assistance or to respond to natural
disasters: Provided further, That funds appropriated under
this heading may be made available notwithstanding any other
provision of law, except sections 7007, 7008, and 7018 of
this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That funds appropriated under this
heading may be used for administrative expenses, in addition
to funds otherwise available for such purposes, except that
such expenses may not exceed 5 percent of the funds
appropriated under this heading: Provided further, That funds
appropriated under this heading shall be apportioned to USAID
not later than 30 days after enactment of this Act: Provided
further, That funds appropriated under this heading shall be
subject to the regular notification procedures of the
Committees on Appropriations, except that such notifications
shall be transmitted at least 5 days prior to the obligation
of funds.
[[Page H4503]]
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, including to carry out the purposes of section
502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$172,700,000, to remain available until September 30, 2021,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds
appropriated under this heading that are made available to
the National Endowment for Democracy and its core institutes
are in addition to amounts otherwise available by this Act
for such purposes: Provided further, That the Assistant
Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations
prior to the initial obligation of funds appropriated under
this paragraph.
For an additional amount for such purposes, $101,000,000,
to remain available until September 30, 2021, which shall be
made available for the Bureau for Democracy, Conflict, and
Humanitarian Assistance, United States Agency for
International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act
(Public Law 102-511), and the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179),
$770,334,000, to remain available until September 30, 2021,
which shall be available, notwithstanding any other provision
of law, except section 7046 of this Act, for assistance and
related programs for countries identified in section 3 of
Public Law 102-511 (22 U.S.C. 5801) and section 3(c) of
Public Law 101-179 (22 U.S.C. 5402), in addition to funds
otherwise available for such purposes: Provided, That funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for such
countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to
section 102 of Public Law 102-511 and section 601 of Public
Law 101-179: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance
under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in
that Act for the use of economic assistance: Provided
further, That funds appropriated under this heading may be
made available for contributions to multilateral initiatives
to counter hybrid threats: Provided further, That any
notification of funds made available under this heading in
this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs
shall include information (if known on the date of
transmittal of such notification) on the use of
notwithstanding authority: Provided further, That if
subsequent to the notification of assistance it becomes
necessary to rely on notwithstanding authority, the
Committees on Appropriations should be informed at the
earliest opportunity and to the extent practicable.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962, and other activities to meet refugee and
migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980;
allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $3,532,000,000, to remain
available until expended, of which $1,400,124,000 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: Provided, That not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements, and $5,000,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $1,000,000, to remain
available until expended: Provided, That amounts in excess of
the limitation contained in paragraph (2) of such section
shall be transferred to, and merged with, funds made
available by this Act under the heading ``Migration and
Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$425,000,000, of which $6,330,000 is for the Office of
Inspector General, to remain available until September 30,
2021: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may
not be derived from amounts made available for Peace Corps
overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may
be available for representation expenses, of which not to
exceed $4,000 may be made available for entertainment
expenses: Provided further, That none of the funds
appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the
previous proviso, section 614 of division E of Public Law
113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $905,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading,
up to $109,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation, except that
such funds shall remain available for obligation until
September 30, 2021: Provided further, That section 605(e) of
the MCA shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact
entered into pursuant to section 609 of the MCA only if such
Compact obligates, or contains a commitment to obligate
subject to the availability of funds and the mutual agreement
of the parties to the Compact to proceed, the entire amount
of the United States Government funding anticipated for the
duration of the Compact: Provided further, That no country
should be eligible for a threshold program after such country
has completed a country compact: Provided further, That any
funds that are deobligated from a Millennium Challenge
Compact shall be subject to the regular notification
procedures of the Committees on Appropriations prior to re-
obligation: Provided further, That of the funds appropriated
under this heading, not to exceed $100,000 may be available
for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$32,500,000, to remain available until September 30, 2021:
Provided, That of the funds appropriated under this heading,
not to exceed $2,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h
et seq.), $30,000,000, to remain available until September
30, 2021, of which not to exceed $2,000 may be available for
representation expenses: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for
the purposes for which the grant was made: Provided further,
That notwithstanding section 505(a)(2) of the African
Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section
with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely
to foreign currency fluctuation: Provided further, That the
USADF shall submit a report to the appropriate congressional
committees after each time such waiver authority is
exercised: Provided further, That the USADF may make rent or
lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest
earned on such accounts, in furtherance of the purposes of
the African Development Foundation Act: Provided further,
That the USADF may not withdraw any appropriation from the
Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$30,000,000, to remain available until expended, of which not
more than $6,000,000 may be used for administrative expenses:
Provided, That amounts made available under this heading may
be made available to contract for services as described in
section 129(d)(3)(A) of the Foreign Assistance Act of 1961,
without regard to the location in which such services are
performed.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$2,153,763,000, to remain available until September 30, 2021:
Provided, That funds designated for a Diplomatic Progress
Fund in the table under this heading in the report
accompanying this Act shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That funds
made available under this heading shall be apportioned not
later than 30 days after enactment of this Act.
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,410,665,000, to remain
available until September 30, 2021: Provided, That the
Department
[[Page H4504]]
of State may use the authority of section 608 of the Foreign
Assistance Act of 1961, without regard to its restrictions,
to receive excess property from an agency of the United
States Government for the purpose of providing such property
to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That section 482(b) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated
under this heading, except that any funds made available
notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated under this heading
shall be made available to support training and technical
assistance for foreign law enforcement, corrections, judges,
and other judicial authorities, utilizing regional partners:
Provided further, That of the funds provided under this
heading, not less than $8,000,000 shall be made available for
DNA forensic technology programs to combat human trafficking
in Central America and Mexico: Provided further, That funds
made available under this heading that are transferred to
another department, agency, or instrumentality of the United
States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $5,000,000, and
any agreement made pursuant to section 632(a) of such Act,
shall be subject to the regular notification procedures of
the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$886,850,000, to remain available until September 30, 2021,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act, or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That
funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be made
available, notwithstanding any other provision of law and
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and
shall remain available until expended: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be
made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to
participate in the activities of that Agency: Provided
further, That funds made available for conventional weapons
destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities,
subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$516,348,000, to remain available until September 30, 2021,
and of which $325,213,000 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: Provided, That
funds appropriated under this heading may be used,
notwithstanding section 660 of such Act, to provide
assistance to enhance the capacity of foreign civilian
security forces, including gendarmes, to participate in
peacekeeping operations: Provided further, That of the funds
appropriated under this heading, not less than $31,000,000
shall be made available for a United States contribution to
the Multinational Force and Observers mission in the Sinai
and not less than $71,000,000 shall be made available for the
Global Peace Operations Initiative: Provided further, That
funds made available under this heading and designated for
Overseas Contingency Operations/Global War on Terrorism, may
be used to pay assessed expenses of international
peacekeeping activities in Somalia under the same terms and
conditions, as applicable, as funds appropriated by this Act
under the heading ``Contributions for International
Peacekeeping Activities'': Provided further, That of the
funds appropriated under this heading, not less than
$42,120,000 shall be disbursed to the United Nations not
later than 45 days after the enactment of this Act for the
remaining amounts necessary to pay in full for fiscal years
2017 and 2018 the United States share of the costs of
peacekeeping activities in Somalia in accordance with section
404(b)(2)(B) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, (22 U.S.C. 287e note), as amended
by section 7048(h) of this Act: Provided further, That none
of the funds appropriated under this heading shall be
obligated except as provided through the regular notification
procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$110,875,000, of which up to $11,000,000 may remain available
until September 30, 2021: Provided, That the civilian
personnel for whom military education and training may be
provided under this heading may include civilians who are not
members of a government whose participation would contribute
to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further, That
of the funds appropriated under this heading, not to exceed
$50,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $6,109,121,000, of which $350,678,000 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 and shall remain available until
September 30, 2021: Provided, That to expedite the provision
of assistance to foreign countries and international
organizations, the Secretary of State, following consultation
with the Committees on Appropriations and subject to the
regular notification procedures of such Committees, may use
the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign
security forces: Provided further, That of the funds
appropriated under this heading, not less than $3,300,000,000
shall be available for grants only for Israel which shall be
disbursed within 30 days of enactment of this Act: Provided
further, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made
available for Israel under this heading shall, as agreed by
the United States and Israel, be available for advanced
weapons systems, of which not less than $805,300,000 shall be
available for the procurement in Israel of defense articles
and defense services, including research and development:
Provided further, That funds appropriated or otherwise made
available under this heading shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made
available under this heading shall be obligated upon
apportionment in accordance with paragraph (5)(C) of section
1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make
timely payment for defense articles and services: Provided
further, That not more than $70,000,000 of the funds
appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor
vehicles for replacement only for use outside of the United
States, for the general costs of administering military
assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of
the Committees on Appropriations: Provided further, That of
the funds made available under this heading for general costs
of administering military assistance and sales, not to exceed
$4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses:
Provided further, That not more than $1,009,700,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2020 pursuant to
section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations:
Provided further, That funds made available under this
heading shall be apportioned not later than 30 days after
enactment of this Act.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961,
$646,500,000: Provided, That section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to contributions to
the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction
and Development as trustee for the Global Environment
Facility by the Secretary of the Treasury, $139,575,000, to
remain
[[Page H4505]]
available until, and to be fully disbursed no later than,
September 30, 2021: Provided, That of such amount,
$136,563,000, which shall remain available until September
30, 2020, is only available for the second installment of the
seventh replenishment of the Global Environment Facility, and
shall be obligated and disbursed not later than 90 days after
enactment of this Act: Provided further, That the Secretary
shall report to the Committees on Appropriations on the
status of funds provided under this heading not less than
quarterly until fully disbursed: Provided further, That in
such report the Secretary shall provide a timeline for the
obligation and disbursement of any funds that have not yet
been obligated or disbursed.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury for the
United States share of the paid-in portion of the increases
in capital stock, $206,500,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not
to exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,097,010,000, to remain
available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$47,395,000, to remain available until expended.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $171,300,000, to remain available
until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until, and to be fully disbursed no later
than, September 30, 2021, for the second installment of the
eleventh replenishment of the International Fund for
Agricultural Development: Provided, That the Secretary of the
Treasury shall report to the Committees on Appropriations on
the status of such payment not less than quarterly until
fully disbursed: Provided further, That in such report the
Secretary shall provide a timeline for the obligation and
disbursement of any funds that have not yet been obligated or
disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $5,700,000, of which up to $855,000 may
remain available until September 30, 2021.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with 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 for the current
fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to
make expenditures, contracts, or commitments for the export
of nuclear equipment, fuel, or technology to any country,
other than a nuclear-weapon state as defined in Article IX of
the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the
date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to
exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, not to exceed
$110,000,000, of which up to $16,500,000 may remain available
until September 30, 2021: Provided, That the Export-Import
Bank (the Bank) may accept, and use, payment or services
provided by transaction participants for legal, financial, or
technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special
services performed on a contract or fee basis, but not
including other personal services) in connection with the
collection of moneys owed the Bank, repossession or sale of
pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or
appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which
an application for a loan, guarantee or insurance commitment
has been made, or systems infrastructure directly supporting
transactions: Provided further, That in addition to other
funds appropriated for administrative expenses, such fees
shall be credited to this account for such purposes, to
remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79-173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $2,000,000, to remain available until
September 30, 2021.
corporate capital account
The United States International Development Finance
Corporation (the Corporation) is authorized to make such
expenditures and commitments within the limits of funds and
borrowing authority available to the Corporation, and in
accordance with the law, and to make such expenditures 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 programs for the current
fiscal year for the Corporation: Provided, That for necessary
expenses of the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018
(division F of Public Law 115-254), $189,000,000: Provided
further, That of the amount provided--(1) $101,000,000 shall
remain available until September 30, 2021 for administrative
expenses to carry out authorized activities (including an
amount for official reception and representation expenses
which shall not exceed $25,000); (2) $8,000,000 shall remain
available until September 30, 2021 for project-specific
transaction costs as described in section 1434(k) of such
Act; (3) $50,000,000 shall remain available until September
30, 2021 for the activities described in section 1421(c) of
such Act; and (4) $30,000,000 shall be paid to the ``United
States International Development Finance Corporation--Program
Account'' for programs as authorized by section 1421(b), (e),
and (f) of the BUILD Act of 2018: Provided further, That in
this fiscal year, the Corporation shall collect the amounts
described in section 1434(h) of the BUILD Act of 2018:
Provided further, That in fiscal year 2020 such collections
shall be credited as offsetting collections to this
appropriation: Provided further, such collections collected
in fiscal year 2020 in excess of $189,000,000 shall be
credited to this account and shall be available in future
fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That in fiscal year
2020, if such collections are less than $189,000,000,
receipts collected pursuant to the BUILD Act of 2018 and the
Federal Credit Reform Act of 1990, in an amount equal to such
shortfall, shall be credited as offsetting collections to
this appropriation: Provided further, That funds appropriated
or otherwise made available under this heading may not be
used to provide any type of assistance that is otherwise
prohibited by any other provision of law or to provide
assistance to any foreign country that is otherwise
prohibited by any other provision of law: Provided further,
That the sums herein appropriated from the General Fund shall
be reduced on a dollar-for-dollar basis by the offsetting
collections described under this heading so as to result in a
final fiscal year appropriation from the General Fund
estimated at $0.
program account
Amounts paid from ``United States International Development
Finance Corporation--Corporate Capital Account'' (CCA) shall
remain available until September 30, 2021: Provided, That not
to exceed $80,000,000 of amounts paid to this account from
CCA or transferred pursuant to section 1434(j) of the BUILD
Act of 2018 (division F of Public Law 115-254) shall be
available for the cost of direct and guaranteed loans
provided by the Corporation pursuant to section 1421(b) of
such Act: Provided further, 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 amounts obligated in a fiscal year shall
remain available for disbursement for the following eight
fiscal years: Provided further, That funds transferred to
carry out the Foreign Assistance Act of 1961 pursuant to
section 1434(j) of the BUILD Act of 2018 may remain available
for obligation for one additional fiscal year: Provided
further, That the total loan principal or guaranteed
principal amount shall not exceed $8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$75,000,000, to remain available until September 30, 2021, of
which no more than $19,000,000 may be used for administrative
expenses: Provided, That of the funds appropriated under this
heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United
[[Page H4506]]
States Code; for services as authorized by section 3109 of
such title and for hire of passenger transportation pursuant
to section 1343(b) of title 31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances
by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in
fiscal year 2020 or any previous fiscal year, disaggregated
by fiscal year: Provided, That the report required by this
section shall be submitted not later than 30 days after the
end of each fiscal quarter and should specify by account the
amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of 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.
diplomatic facilities
Sec. 7004. (a) Exception.--Notwithstanding paragraph (2) of
section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (title VI of division A of H.R.
3427, as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act), as amended
by section 111 of the Department of State Authorities Act,
Fiscal Year 2017 (Public Law 114-323), a project to construct
a facility of the United States may include office space or
other accommodations for members of the United States Marine
Corps.
(b) New Diplomatic Facilities.--For the purposes of
calculating the fiscal year 2020 costs of providing new
United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
Secretary of State, in consultation with the Director of the
Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is
proportional to the contribution of the Department of State
for this purpose.
(c) Consultation and Notification.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, which may be made available for the acquisition of
property or award of construction contracts for overseas
United States diplomatic facilities during fiscal year 2020,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection
shall include the information enumerated under the heading
``Embassy Security, Construction, and Maintenance'' in the
report accompanying this Act.
(d) Interim and Temporary Facilities Abroad.--
Notwithstanding any other provision of law, the opening,
closure, or any significant modification to an interim or
temporary United States diplomatic facility shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations, except that such consultation
and notification may be waived if there is a security risk to
personnel.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I 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 7015 of this Act.
department and agency management
Sec. 7006. (a) Department of State.--
(1) Working Capital Fund.--Funds appropriated by this Act
or otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the
service centers included in the Congressional Budget
Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2020: Provided, That the
amounts for such service centers shall be the amounts
included in such budget justification, except as provided in
section 7015(b) of this Act: Provided further, That Federal
agency components shall be charged only for their direct
usage of each Working Capital Fund service: Provided further,
That prior to increasing the percentage charged to Department
of State bureaus and offices for procurement-related
activities, the Secretary of State shall include the proposed
increase in the Department of State budget justification or,
at least 60 days prior to the increase, provide the
Committees on Appropriations a justification for such
increase, including a detailed assessment of the cost and
benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay
for Working Capital Fund services that are consistent with
the purpose and authorities of such components: Provided
further, That the Working Capital Fund shall be paid in
advance or reimbursed at rates which will return the full
cost of each service.
(2) State Department Personnel Levels.--
(A) Funds made available by this Act are made available to
support the permanent Foreign Service and Civil Service staff
levels of the Department of State at not less than the on-
board levels in fiscal year 2016.
(B) The use of funds appropriated by this Act to implement
any plan to expand or reduce the size of the permanent Civil
Service or Foreign Service workforce at the Department of
State from on-board levels in fiscal year 2016 shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such notification shall include the
requirements enumerated in section 7062(b) of this Act.
(C) Not later than 60 days after enactment of this Act, and
every 60 days thereafter until September 30, 2021, the
Secretary of State shall report to the appropriate
congressional committees on the on-board personnel levels,
hiring, and attrition of the Civil Service, Foreign Service,
eligible family member, and locally employed staff workforce
of the Department of State, on an operating unit-by-operating
unit basis: Provided, That such report shall also include a
hiring plan, including timelines, for maintaining the agency-
wide, on-board Foreign Service and Civil Service at not less
than the on-board levels in fiscal year 2016.
(3) Bureau of Population, Refugees, and Migration,
Department of State.--None of the funds appropriated by this
Act, prior Acts making appropriations for the Department of
State, foreign operations, and related programs, or any other
Act, may be used to downsize, downgrade, consolidate, close,
move, or relocate the Bureau of Population, Refugees, and
Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(4) Administration of Funds.--Funds appropriated by this
Act--
(A) under the heading ``Migration and Refugee Assistance''
shall be administered by the Assistant Secretary for
Population, Refugees, and Migration, Department of State, and
this responsibility shall not be delegated; and
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United States
Ambassador-at-Large for Global Women's Issues, Department of
State, and this responsibility shall not be delegated.
(5) Information Technology Platform.--
(A) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may
be made available for a new major information technology (IT)
investment without the concurrence of the Chief Information
Officer, Department of State.
(B) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be used by an
agency to submit a project proposal to the Technology
Modernization Board for funding from the Technology
Modernization Fund unless, not later than 15 days in advance
of submitting the project proposal to the Board, the head of
the agency--
(i) notifies the Committees on Appropriations of the
proposed submission of the project proposal; and
(ii) submits to the Committees on Appropriations a copy of
the project proposal.
(C) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be used by an
agency to carry out a project that is approved by the Board
unless the head of the agency--
(i) submits to the Committees on Appropriations a copy of
the approved project proposal, including the terms of
reimbursement of funding received for the project; and
(ii) agrees to submit to the Committees on Appropriations a
copy of each report relating to the project that the head of
the agency submits to the Board.
(b) United States Agency for International Development.--
(1) Authority.--Up to $93,000,000 of the funds made
available in titles III and IV of this Act pursuant to or to
carry out the provisions of part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International
Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant
to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(2) Restriction.--The authority to hire individuals
contained in paragraph (1) shall expire on September 30,
2021.
(3) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this subsection shall be the account to which the
responsibilities of such individual primarily relate:
Provided, That funds made available to carry out this
subsection may be transferred to, and merged with, funds
appropriated by this Act in title II under the heading
``Operating Expenses''.
(4) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949), may be extended for a period of up to
4 years notwithstanding the limitation set forth in such
section.
(5) Disaster Surge Capacity.--Funds appropriated under
titles III and IV of this Act to carry out the provisions of
part I of the Foreign
[[Page H4507]]
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on
Appropriations.
(6) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Food for Peace Act (Public Law 83-480; 7
U.S.C. 1721 et seq.), may be used by USAID to employ up to 40
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be
assigned to any bureau or office: Provided further, That such
funds appropriated to carry out title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be
made available only for personal services contractors
assigned to the Office of Food for Peace.
(7) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(8) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) may be assigned to or
support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs.
(9) USAID Personnel Levels.--
(A) Funds made available by this Act are made available to
support the permanent Foreign Service and Civil Service staff
levels of USAID at not less than the levels funded in fiscal
year 2016.
(B) Not later than 60 days after enactment of this Act, and
every 60 days thereafter until September 30, 2021, the USAID
Administrator shall report to the appropriate congressional
committees on the on-board personnel levels, hiring, and
attrition of the Civil Service, Foreign Service, and foreign
service national workforce of USAID, on an operating unit-by-
operating unit basis: Provided, That such report shall also
include a hiring plan, including timelines, for maintaining
the permanent Foreign Service and Civil Service at not less
than the levels funded in fiscal year 2016.
(10) USAID Reorganization.--
(A) Not later than 30 days after enactment of this Act, and
quarterly thereafter until September 30, 2021, the USAID
Administrator shall submit a report to the appropriate
congressional committees on the status of USAID's
reorganization as described in the report accompanying this
Act.
(B) The use of funds appropriated by this Act to implement
any plan to expand or reduce the size of the permanent Civil
Service or Foreign Service workforce at USAID from funded
levels in fiscal year 2016 shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided, That such
notification shall include the requirements enumerated in
section 7062(b) of this Act.
(c) Foreign Assistance Review.--Programmatic, funding, and
organizational changes resulting from implementation of the
Foreign Assistance Review shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided, That such
notifications may be submitted in classified form, if
necessary.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance, and guarantees of
the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat
or decree or, after the date of enactment of this Act, a coup
d'etat or decree in which the military plays a decisive role:
Provided, That assistance may be resumed to such government
if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the
termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote
democratic elections or public participation in democratic
processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on
Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency
for Global Media.--
(1) Department of State.--
(A) In general.--Not to exceed 2 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(B) Embassy security.--Section 113 of the Department of
State Authorities Act, Fiscal Year 2017 (22 U.S.C. 295(j))
shall be applied to funds made available by this Act by
substituting ``fiscal year 2020'' for ``fiscal year 2018''
each place it appears.
(2) United States Agency for Global Media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media
under title I of this Act may be transferred between, and
merged with, such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 10 percent by any such transfers.
(3) Treatment as Reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of 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.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized
elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961
may be allocated or transferred to agencies of the United
States Government pursuant to the provisions of sections 109,
610, and 632 of the Foreign Assistance Act of 1961, and
section 1434(j) of the BUILD Act of 2018 (division F of
Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of
the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to section 632(a)
of such Act, with funds appropriated by this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall
not apply to agreements entered into between USAID and the
Department of State.
(c) United States International Development Finance
Corporation.--
(1) Limitation.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 from funds made available
under titles III and IV of this Act shall not exceed
$50,000,000: Provided, That any such transfers shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) Development credit authority account.--Funds
transferred from Development Credit Authority program account
of the United States Agency for International Development to
the Corporate Capital Account of the United States
International Development Finance Corporation pursuant to
section 1434(i) of the BUILD Act of 2018 shall be transferred
and merged with such account, and may thereafter be deemed to
meet any minimum funding requirements attributed for at the
time of deposit into the Development Credit Authority program
account.
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to
the Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any
agreement for the transfer or allocation of funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations and related
programs, entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for
the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and
report to the Department of State or USAID, as appropriate,
upon completion of such audits: Provided, That such audits
shall be
[[Page H4508]]
transmitted to the Committees on Appropriations by the
Department of State or USAID, as appropriate: Provided
further, That funds transferred under such authority may be
made available for the cost of such audits.
prohibition on certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and
agencies funded by this Act in contravention of section 301-
10.122 through 301-10.124 of title 41, Code of Federal
Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block
access to sexually explicit websites: Provided, That nothing
in this subsection shall limit the use of funds necessary for
any Federal, State, tribal, or local law enforcement agency,
or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such
websites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds
made available 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.
availability of funds
Sec. 7011. (a) No part of any appropriation contained in
this Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided by this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds made available for the ``United States
International Development Finance Corporation'' and under the
heading ``Assistance for Europe, Eurasia and Central Asia''
shall remain available for an additional 2 years from the
date on which the availability of such funds would otherwise
have expired, if such funds are initially obligated before
the expiration of their respective periods of availability
contained in this Act: Provided further, That notwithstanding
any other provision of this Act, any funds made available for
the purposes of chapter 1 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall
remain available for an additional 2 years from the date on
which the availability of such funds would otherwise have
expired, if such funds are initially allocated or obligated
before the expiration of their respective periods of
availability contained in this Act.
(b) Notwithstanding any other provision of this Act, any
funds appropriated or otherwise made available by this Act
that are proposed for rescission pursuant to section 1012 of
the Congressional Budget and Impoundment Control Act of 1974
(2 U.S.C. 683) within 60 days of the expiration of the period
of availability of such funds and Congress has not completed
action on a rescission bill pursuant to subsection (b) of
such section shall remain available for an additional 90 days
from the date on which the availability of such funds would
otherwise have expired.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultation with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States
Agency for International Development shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2020 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance
programs, either directly or through grantees, contractors,
and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2021 and
for prior fiscal years and allocated for the central
government of such country or for the West Bank and Gaza
program, as applicable, if, not later than September 30,
2021, such taxes have not been reimbursed: Provided, That the
Secretary of State shall report to the Committees on
Appropriations by such date on the foreign governments and
entities that have not reimbursed such taxes, including any
amount of funds withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which
do not assess taxes on United States assistance or which have
an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of
such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior
to exercising the authority of this subsection with regard to
any foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and
update rules, regulations, or policy guidance, as
appropriate, to implement the prohibition against the
taxation of assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges
and immunities applicable to United States foreign assistance
for such country generally, or an individual agreement
between the Government of the United States and such
government that describes, among other things, the treatment
for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State, in consultation with the heads
of other relevant agencies of the United States Government,
shall submit a report to the Committees on Appropriations on
the requirements contained under this section in the report
accompanying this Act.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) Extension of Availability.--In addition to the
authority contained in subsection (a), the original period of
availability of funds appropriated by this Act and
administered by the Department of State or the United States
Agency for International Development that are specifically
designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds
can be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated
funding levels contained in this Act shall not be applicable
to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically
so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs,
Projects, and Activities.--None of the funds made available
in titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs to the departments and
agencies funded by this Act that remain available for
obligation in fiscal year 2020, or provided from any accounts
in the Treasury of the United States derived by the
collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
[[Page H4509]]
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on
Appropriations or such Committees are notified 15 days in
advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I and II of this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, to the departments
and agencies funded under titles I and II of this Act that
remain available for obligation 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
department and agency funded under title I of this Act, shall
be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development
Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Peacekeeping Operations'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium
Challenge Corporation'', ``Foreign Military Financing
Program'', ``International Military Education and Training'',
``United States International Development Finance
Corporation'', and ``Peace Corps'', shall be available for
obligation for activities, programs, projects, type of
materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of
these specific headings unless the Committees on
Appropriations are notified 15 days in advance of such
obligation: Provided, That the President shall not enter into
any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act
shall not apply to any reprogramming for an activity,
program, or project for which funds are appropriated under
titles III through VI of this Act of less than 10 percent of
the amount previously justified to Congress for obligation
for such activity, program, or project for the current fiscal
year: Provided further, That any notification submitted
pursuant to subsection (f) of this section shall include
information (if known on the date of transmittal of such
notification) on the use of notwithstanding authority.
(d) Department of Defense Programs and Funding
Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any
Act making or authorizing appropriations for the Department
of Defense, unless the Secretary of State, in consultation
with the Secretary of Defense and in accordance with the
regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees
that includes a description of, and the estimated costs
associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and the United States Agency for
International Development for assistance for foreign
countries and international organizations shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same
conditions as other committees pursuant to subsection (f) of
that section: Provided, That before issuing a letter of offer
to sell excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9)
of the Arms Export Control Act) or are valued (in terms of
original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
(e) Waiver.--The requirements of this section or any
similar provision of this Act or any other Act, including any
prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided, That
in case of any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but
in no event later than 3 days after taking the action to
which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver:
Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan,
Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador,
Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya,
Mexico, Nicaragua, Pakistan, Philippines, the Russian
Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria,
Uzbekistan, Venezuela, and Yemen except as provided through
the regular notification procedures of the Committees on
Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III and under the heading ``Economic
Support Fund'' of this Act and prior Acts making funds
available for the Department of State, foreign operations,
and related programs that are made available for a trust fund
held by an international financial institution shall be
subject to the regular notification procedures of the
Committees on Appropriations and such notification shall
include the information specified under this section in the
report accompanying this Act.
(h) Other Program Notification Requirement.--Funds
appropriated by this Act that are made available for the
programs and activities enumerated under this section in the
report accompanying this Act shall be subject to the regular
notification procedures of the Committees on Appropriations.
(i) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Requirement to Inform, Coordinate, and Consult.--
(1) The Secretary of State shall promptly inform the
appropriate congressional committees of each instance in
which funds appropriated by this Act for assistance for Iraq,
Libya, Somalia, Syria, the Counterterrorism Partnership Fund,
the Relief and Recovery Fund, or programs to counter
extremism and foreign fighters abroad, have been diverted or
destroyed, to include the type and amount of assistance, a
description of the incident and parties involved, and an
explanation of the response of the Department of State or
USAID, as appropriate: Provided, That the Secretary shall
ensure such funds are coordinated with, and complement, the
programs of other United States Government departments and
agencies and international partners in such countries and on
such activities.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least seven days prior to
informing a government of, or publically announcing a
decision on, the suspension of assistance to a country or a
territory, including as a result of an interagency review of
such assistance, from funds appropriated by this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs.
document requests
Sec. 7016. None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the Department of State and the United States
Agency for International Development.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program and policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of
[[Page H4510]]
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or
expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions
related to abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection
(b), funds appropriated by this Act under titles III through
V shall be made available at not less than the amounts
specifically designated in the respective tables included
under such titles in the report accompanying this Act:
Provided, That such designated amounts for foreign countries
and international organizations shall serve as the amounts
for such countries and international organizations
transmitted to Congress in the report required by section
653(a) of the Foreign Assistance Act of 1961.
(b) Authorized Deviations Below Minimum Levels.--Unless
otherwise provided for by this Act, the Secretary of State
and the Administrator of the United States Agency for
International Development, as applicable, may deviate by not
more than 5 percent below the minimum amounts specifically
designated in the respective tables included under titles III
through V in the report accompanying this Act.
(c) Limitation.--For specifically designated amounts that
are included, pursuant to subsection (a), in the report
required by section 653(a) of the Foreign Assistance Act of
1961, deviations authorized by subsection (b) may only take
place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to funds for
which the initial period of availability has expired.
(2) The authority in subsection (b) to deviate below
amounts designated in the respective tables included in the
report accompanying this Act shall not apply to the table
included under the heading ``Global Health Programs'' in such
report.
(e) Reports.--The Secretary of State and the USAID
Administrator, as appropriate, shall submit the reports
required, in the manner described, in the report accompanying
this Act.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department,
agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies
funded in titles III or VI of this Act, shall take steps to
ensure that domestic and overseas representation and
entertainment expenses further official agency business and
United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or
otherwise made available by this Act under the headings
``International Military Education and Training'' or
``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the
government of which the Secretary of State has determined
supports international terrorism for purposes of section 6(j)
of the Export Administration Act of 1979 as continued in
effect pursuant to the International Emergency Economic
Powers Act: Provided, That the prohibition under this section
with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if
the President determines that to do so is important to the
national interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall not be made available
to any foreign government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; and for the development assistance accounts of the
United States Agency for International Development,
``program, project, and activity'' shall also be considered
to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days after enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities
in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and
report to such Committees within 15 days of taking such
action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act for direct assistance and none of the funds
otherwise made available to the Export-Import Bank and the
United States International Development Finance Corporation
shall be obligated or expended to finance any loan, any
assistance, or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or
training in connection with the growth or production in a
foreign country of an agricultural commodity for export which
would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not
prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development
[[Page H4511]]
Association, is not eligible for assistance from the
International Bank for Reconstruction and Development, and
does not export on a consistent basis the agricultural
commodity with respect to which assistance is furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 under agreements which result in the generation of
local currencies of that country, the Administrator of the
United States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular
notification procedures, including a description of the
program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided further,
That nothing in this subsection shall be construed to alter
any existing statutory prohibitions against abortion or
involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2020, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480; 7 U.S.C.
1721 et seq.): Provided, That none of the funds appropriated
to carry out title I of such Act and made available pursuant
to this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition
for Local Entities.--Funds appropriated by this Act that are
made available to the United States Agency for International
Development may only be made available for limited
competitions through local entities if the requirements
contained under this section in the report accompanying this
Act are met.
(b) Extension of Procurement Authority.--Section 7077 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall continue in effect during fiscal year 2020.
international financial institutions
Sec. 7029. (a) Safeguards.--The Secretary of the Treasury
shall instruct the United States Executive Director of the
International Bank for Reconstruction and Development and the
International Development Association to vote against any
loan, grant, policy, or strategy if such institution has
adopted and is implementing any social or environmental
safeguard relevant to such loan, grant, policy, or strategy
that provides less protection than World Bank safeguards in
effect on September 30, 2015.
(b) Compensation.--None of the funds appropriated under
title V of this Act may be made as payment to any
international financial institution while the United States
executive director to such institution is compensated by the
institution at a rate which, together with whatever
compensation such executive director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States executive director to such
institution is compensated by the institution at a rate in
excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(c) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to promote human rights
due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution in accordance with the criteria specified under
this section in the report accompanying this Act.
(d) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to promote in loan,
grant, and other financing agreements improvements in
borrowing countries' financial management and judicial
capacity to investigate, prosecute, and punish fraud and
corruption.
multi-year pledges
Sec. 7030. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any
multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge meets the
requirements enumerated under this section in the report
accompanying this Act.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if the conditions enumerated under this section in the
report accompanying this Act are fully met.
(2) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse
has been appropriately addressed.
(3) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of
any foreign country for debt service payments owed by any
country to any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen
the ``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180
[[Page H4512]]
days after enactment of this Act, shall make or update any
determination of ``significant progress'' or ``no significant
progress'' in meeting the minimum requirements of fiscal
transparency, and make such determinations publicly available
in an annual ``Fiscal Transparency Report'' to be posted on
the Department of State website.
(3) Assistance.--Funds appropriated under title III and
under the heading ``Economic Support Fund'' in title IV of
this Act shall be made available for programs and activities
to assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, or a gross violation of human rights shall be
ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately
designate or identify officials of foreign governments and
their immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if
entry into the United States would further important United
States law enforcement objectives or is necessary to permit
the United States to fulfill its obligations under the United
Nations Headquarters Agreement: Provided, That nothing in
paragraph (1) shall be construed to derogate from United
States Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances which caused the individual to be ineligible
have changed sufficiently.
(d) Foreign Assistance Website.--Funds appropriated by this
Act under titles I and II, and funds made available for any
independent agency in title III, as appropriate, shall be
made available to support the provision of additional
information on United States Government foreign assistance on
the Department of State foreign assistance website: Provided,
That all Federal agencies funded under this Act shall provide
such information on foreign assistance, upon request, to the
Department of State.
democracy programs
Sec. 7032. (a) Funding.--Of the funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'', not less than $2,400,000,000
shall be made available for democracy programs.
(b) Authorities.--
(1) Funds made available by this Act for democracy programs
pursuant to subsection (a) and under the heading ``National
Endowment for Democracy'' may be made available
notwithstanding any other provision of law, and with regard
to the National Endowment for Democracy (NED), any
regulation.
(2) Funds made available by this Act for the NED are made
available pursuant to the authority of the National Endowment
for Democracy Act (title V of Public Law 98-164), including
all decisions regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of
funds appropriated by this Act, the term ``democracy
programs'' means programs that support good governance,
credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor
rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political
parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of
democratic states and institutions that are responsive and
accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant
to this section that are made available for programs to
strengthen government institutions shall be prioritized for
those institutions that demonstrate a commitment to democracy
and the rule of law.
(e) Restriction on Prior Approval.--With respect to the
provision of assistance for democracy programs in this Act,
the organizations implementing such assistance, the specific
nature of that assistance, and the participants in such
programs shall not be subject to the prior approval by the
government of any foreign country.
(f) Continuation of Current Practices.--The United States
Agency for International Development shall continue to
implement civil society and political competition and
consensus building programs abroad with funds appropriated by
this Act in a manner that recognizes the unique benefits of
grants and cooperative agreements in implementing such
programs.
(g) Informing the National Endowment for Democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID,
shall regularly inform the National Endowment for Democracy
of democracy programs that are planned and supported by funds
made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs.
(h) Protection of Civil Society Activists and
Journalists.--Funds appropriated by this Act under title III
shall be made available to support and protect civil society
activists and journalists who have been threatened, harassed,
or attacked, consistent with the action plan submitted
pursuant to, and on the same terms and conditions of, section
7032(i) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2018 (division K of
Public Law 115-141).
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and
Special Envoy to Promote Religious Freedom.--Funds
appropriated by this Act under the heading ``Diplomatic
Programs'' shall be made available for the Office of
International Religious Freedom, Bureau of Democracy, Human
Rights, and Labor, Department of State, and the Special Envoy
to Promote Religious Freedom of Religious Minorities in the
Near East and South Central Asia, as authorized in the Near
East and South Central Asia Religious Freedom Act of 2014
(Public Law 113-161), including for support staff at not less
than the amounts specified for such offices in the table
under such heading in the report accompanying this Act.
(b) Assistance.--Funds appropriated by this Act under the
headings ``Democracy Fund'', ``Economic Support Fund'', and
``International Broadcasting Operations'' shall be made
available for international religious freedom programs and
funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted religious
minorities.
(c) Authority.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Economic Support Fund'' may be made available
notwithstanding any other provision of law for assistance for
ethnic and religious minorities in Iraq and Syria.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in titles III and VI
of this Act that are made available for victims of war,
displaced children, displaced Burmese, and to combat
trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Atrocities Prevention.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $5,000,000 shall be made available for programs to
prevent atrocities, including to implement recommendations of
the Atrocities Prevention Board, or any successor entity.
(c) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, or any
successor humanitarian assistance bureau, of the United
States Agency for International Development, from this or any
other Act, may be made available as a general contribution to
the World Food Programme, notwithstanding any other provision
of law.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall be made available to carry out the
Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union as authorized
by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d),
including to facilitate collaboration with indigenous
communities, and up to $1,000,000 may be made available for
grants to carry out the activities of the Cultural
Antiquities Task Force.
(3) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may
not exceed $100,000: Provided further, That no more than 15
such awards may be made during fiscal year 2020.
(4) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961, as amended, (Public Law 87-256; 22 U.S.C. 2451 et
seq.), except through the formal rulemaking process pursuant
to the Administrative Procedure Act and notwithstanding the
exceptions to such rulemaking process in such Act: Provided,
That funds made available for such purpose shall only be made
available after consultation with, and subject to the regular
notification procedures of, the Committees on Appropriations,
regarding how any proposed modification would affect the
public diplomacy goals of, and the estimated economic impact
on, the United States.
(5) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available
until September 30, 2022: Provided, That funds made available
pursuant to this paragraph may only be made available
following prior consultation with the appropriate
congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(6) Vietnam education foundation.--Section 207(c) of the
Vietnam Education Foundation Act of 2000 (114 Stat. 2763A-
257; 22 U.S.C. 2452) is amended by adding a new paragraph as
follows:
[[Page H4513]]
``(4) On October 1, 2019, any remaining unobligated
balances of funds made available under the heading `Vietnam
Education Foundation--Vietnam Debt Repayment Fund' that are
not necessary for liquidating the final liabilities of the
Vietnam Education Foundation shall be available for grants
authorized by section 211 of this Act.''.
(e) Partner Vetting.--Prior to initiating a partner vetting
program, or making significant changes to the scope of an
existing partner vetting program, the Secretary of State and
USAID Administrator, as appropriate, shall consult with the
Committees on Appropriations.
(f) Contingencies.--During fiscal year 2020, the President
may use up to $200,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(g) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds
under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds
appropriated under the heading ``Diplomatic Programs'' for
fiscal year 2020, except for funds designated 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, at no later than the end of the
fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated:
Provided, That not more than $50,000,000 may be transferred.
(h) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--Section 7034(k) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235) shall continue in effect during fiscal year 2020.
(i) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2020'' for ``September 30,
2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2020.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2020'' for ``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability.--The authority provided by
section 1113 of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September
30, 2020: Provided, That the exercise of the authority of
section 1113 of such Act, as carried forward by this Act,
shall be subject to prior consultation with the Committees on
Appropriations.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2019'' and
inserting ``2019, and 2020''; and
(ii) in subsection (e), by striking ``2019'' each place it
appears and inserting ``2020''; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2019'' and inserting ``2020''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) shall remain in
effect through September 30, 2020.
(7) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan through September 30,
2020, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(8) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any other
provision of law, any employee of the Special Inspector
General for Afghanistan Reconstruction (SIGAR) who completes
at least 12 months of continuous service after the date of
enactment of this Act or who is employed on the date on which
SIGAR terminates, whichever occurs first, shall acquire
competitive status for appointment to any position in the
competitive service for which the employee possesses the
required qualifications.
(9) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2020.
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of State
may waive the provisions of subsections (a) through (d) of
section 824 of the Foreign Service Act of 1980 (22 U.S.C.
4064) on a case-by-case basis for an annuitant reemployed by
the Inspector General on a temporary basis, subject to the
same constraints and in the same manner by which the
Secretary of State may exercise such waiver authority
pursuant to subsection (g) of such section.
(j) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-
447) may be made available for pharmaceuticals and other
products for other global health and child survival
activities to the same extent as HIV/AIDS pharmaceuticals and
other products, subject to the terms and conditions in such
section: Provided, That the authority in section 525(b)(5) of
the Foreign Operations, Export Financing, and Related
Programs Appropriation Act, 2005 (Public Law 108-447) shall
be exercised by the Assistant Administrator for Global
Health, USAID, with respect to funds deposited for such non-
HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(k) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Egypt, Jordan,
Tunisia, and Ukraine, which are authorized to be provided:
Provided, That amounts made available under this paragraph
for the costs of such guarantees shall not be considered
assistance for the purposes of provisions of law limiting
assistance to a country.
(2) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for
the Department of State, foreign operations, and related
programs that were previously 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 are designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of such
Act.
(3) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate
congressional committees, and subject to the regular
notification procedures of the Committees on Appropriations.
(l) Local Works.--
(1) Of the funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support
Fund'', not less than $50,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
which may remain available until September 30, 2024.
(2) For the purposes of section 7080 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
``eligible entities'' shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may
be considered individually in determining such eligibility.
(m) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs'' means funds that remain
available for obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development, the Asian Development Fund, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, the African
Development Fund, and the Multilateral Investment Guarantee
Agency.
(4) Paris agreement.--In this Act, the term ``Paris
Agreement'' means the decision by the United Nations
Framework Convention on Climate Change's 21st Conference of
Parties in Paris, France, adopted December 12, 2015.
(5) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for
the Department of State, foreign operations, and related
programs shall for fiscal year 2020, and each fiscal year
thereafter, be deemed to include portions of Western Kordofan
that were previously part of Southern Kordofan prior to the
2013 division of Southern Kordofan.
(6) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(7) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
law enforcement and security
Sec. 7035. (a) Assistance.--
[[Page H4514]]
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out
the provisions of chapter 1 of part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights,
the rule of law, anti-corruption, strategic planning, and
through assistance to foster civilian police roles that
support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address
gender-based violence, and foster improved police relations
with the communities they serve.
(2) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading Nonproliferation, Anti-
terrorism, Demining and Related Programs shall be made
available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or
other terrorist organizations: Provided, That such areas
shall include the Kurdistan Region of Iraq: Provided further,
That prior to the obligation of funds made available pursuant
to this paragraph, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds: Provided
further, That funds made available pursuant to this paragraph
shall be subject to prior consultation with the appropriate
congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2020.
(3) International prison conditions.-- Funds appropriated
by this Act shall be made available for assistance to
eliminate inhumane conditions in foreign prisons and other
detention facilities, notwithstanding section 660 of the
Foreign Assistance Act of 1961: Provided, That the Secretary
of State and the USAID Administrator shall consult with the
Committees on Appropriations on the proposed uses of such
funds prior to obligation and not later than 60 days after
enactment of this Act.
(4) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
is amended by striking ``of this section'' and all that
follows through the period at the end and inserting ``of this
section after September 30, 2021.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and
2020'' and inserting ``2020, and 2021''.
(5) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act may be used to provide financing to
Israel, Egypt, the North Atlantic Treaty Organization (NATO),
and major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not
including Major Defense Equipment (other than helicopters and
other types of aircraft having possible civilian
application), if the President determines that there are
compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(6) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act for the purposes of the Special
Defense Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2022: Provided, That the
provision of defense articles and defense services to foreign
countries or international organizations from the Fund shall
be subject to the concurrence of the Secretary of State.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations
that include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and
used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or cluster
munitions technology specifies that the cluster munitions
will only be used against clearly defined military targets
and will not be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
(3) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
that the Secretary of State determines are undemocratic or
are undergoing democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2019, by country
and purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(2) Quarterly status report.--Following the submission of
the quarterly report required by section 36 of Public Law 90-
629 (22 U.S.C. 2776), the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the Committees
on Appropriations a status report that contains the
information described under the heading ``Foreign Military
Financing Program'' in the report accompanying this Act.
enterprise funds
Sec. 7036. (a) Notification.--None of the funds made
available under titles III through VI of this Act may be made
available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to
the appropriate congressional committees.
war crimes tribunals
Sec. 7037. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That
the determination required under this section shall be in
lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant
to this section shall be made available subject to the
regular notification procedures of the Committees on
Appropriations.
palestinian statehood
Sec. 7038. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(3) the governing entity has enacted a constitution
assuring the rule of law, an independent judiciary, and
respect for human rights for its citizens, and should enact
other laws and regulations assuring transparent and
accountable governance.
(b) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
[[Page H4515]]
(c) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7039 of this
Act (``Limitation on Assistance for the Palestinian
Authority'').
limitation on assistance for the palestinian authority
Sec. 7039. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure, and facilitate
the settlement of terrorism-related claims of nationals of
the United States.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and
the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed
at promoting peace, coexistence, and security cooperation
with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be obligated for
salaries of personnel of the Palestinian Authority located in
Gaza or may be obligated or expended for assistance to Hamas
or any entity effectively controlled by Hamas, any power-
sharing government of which Hamas is a member, or that
results from an agreement with Hamas and over which Hamas
exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961 with respect to
this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
(g) Suspension of Assistance.--
(1) Funds appropriated under the heading ``Economic Support
Fund'' in this Act and made available for assistance for the
Palestinian Authority pursuant to subsection (b) shall be
suspended if after the date of enactment of this Act--
(A) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(B) the Palestinians initiate an International Criminal
Court (ICC) judicially authorized investigation, or actively
support such an investigation, that subjects Israeli
nationals to an investigation for alleged crimes against
Palestinians.
(2) The Secretary of State may waive the restriction in
paragraph (1) of this subsection resulting from the
application of subparagraph (A) of such paragraph if the
Secretary certifies to the Committees on Appropriations that
to do so is in the national security interest of the United
States, and submits a report to such Committees detailing how
the waiver and the continuation of assistance would assist in
furthering Middle East peace.
(h) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian
Authority by an amount the Secretary determines is equivalent
to the amount expended by the Palestinian Authority, the
Palestine Liberation Organization, and any successor or
affiliated organizations with such entities as payments for
acts of terrorism by individuals who are imprisoned after
being fairly tried and convicted for acts of terrorism and by
individuals who died committing acts of terrorism during the
previous calendar year: Provided, That the Secretary shall
report to the Committees on Appropriations on the amount
reduced for fiscal year 2020 prior to the obligation of funds
for the Palestinian Authority.
(i) Incitement Report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
(j) Section 1003.--(1) The President may waive the
provisions of section 1003 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law
100-204) if the President determines and certifies in writing
to the Speaker of the House of Representatives, the President
pro tempore of the Senate, and the appropriate congressional
committees that the Palestinians have not, after the date of
enactment of this Act--
(A) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between
Israel and the Palestinians; and
(B) initiated or actively supported an ICC investigation
against Israeli nationals for alleged crimes against
Palestinians.
(2) Not less than 90 days after the President is unable to
make the certification pursuant to paragraph (1) of this
subsection, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-
204 under paragraph (1) of this subsection or under previous
provisions of law must expire before the waiver under the
preceding sentence may be exercised.
(3) Any waiver pursuant to this subsection shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(k) Palestinian Broadcasting Corporation.--None of the
funds appropriated or otherwise made available by this Act
may be used to provide equipment, technical support,
consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7040. (a) Oversight.--For fiscal year 2020, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Reporting Requirements.--
(1) Economic assistance.--Prior to the initial obligation
of funds made available by this Act
[[Page H4516]]
under the heading ``Economic Support Fund'' for assistance
for the West Bank and Gaza, the Secretary of State shall
report to the Committees on Appropriations that the purpose
of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Security assistance.--The reporting requirements in
section 1404 of the Supplemental Appropriations Act, 2008
(Public Law 110-252) shall apply to funds made available by
this Act, including a description of modifications, if any,
to the security strategy of the Palestinian Authority.
(e) Private Sector Partnership Programs.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for private sector partnership
programs for the West Bank and Gaza if such funds are
authorized: Provided, That funds made available pursuant to
this subsection shall be subject to prior consultation with
the appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(f) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds
are in addition to funds otherwise available for such
purposes.
(g) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza
Program, including all funds provided as cash transfer
assistance, in fiscal year 2020 under the heading ``Economic
Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(h) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
middle east and north africa
Sec. 7041. (a) Arab League Boycott of Israel.--It is the
sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
(b) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and
may only be made available for assistance for the Government
of Egypt if the Secretary of State certifies and reports to
the Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'', up to $102,500,000 may be made available for
assistance for Egypt, of which not less than $35,000,000
should be made available for higher education programs
including not less than $15,000,000 for scholarships for
Egyptian students with high financial need to attend not-for-
profit institutions of higher education: Provided, That such
funds shall be made available for democracy programs, and for
development programs in the Sinai: Provided further, That
such funds may not be made available for cash transfer
assistance or budget support.
(B) Limitation.--None of the funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``Economic Support Fund'' may be made available for a
contribution, voluntary or otherwise, to the ``Civil
Associations and Foundations Support Fund'', or any similar
fund, established pursuant to Law 70 on Associations and
Other Foundations Working in the Field of Civil Work
published in the Official Gazette of Egypt on May 29, 2017.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'', up
to $1,300,000,000, to remain available until September 30,
2021, may be made available for assistance for Egypt:
Provided, That such funds may be transferred to an interest
bearing account in the Federal Reserve Bank of New York,
following consultation with the Committees on Appropriations:
Provided further, That 20 percent of such funds shall be
withheld from obligation until the Secretary of State
certifies and reports to the Committees on Appropriations
that the Government of Egypt is taking, on a sustained and
effective basis, the steps enumerated under this section in
the report accompanying this Act: Provided further, That the
certification requirement of this paragraph shall not apply
to funds appropriated by this Act under such heading for
counterterrorism, border security, and nonproliferation
programs for Egypt.
(B) Waiver.--(i) The Secretary of State may waive the
certification requirement in subparagraph (A) with respect to
95 percent of the amount withheld from obligation pursuant to
such subparagraph if the Secretary determines and reports to
the Committees on Appropriations that to do so is important
to the national security interest of the United States, and
includes in such report a detailed justification for the use
of such waiver and the reasons why any of the certification
requirements of subparagraph (A) cannot be met: Provided,
That the report required by this paragraph shall be submitted
in unclassified form, but may be accompanied by a classified
annex.
(ii) The remaining 5 percent may only be made available for
obligation if the Secretary of State determines and reports
to the Committees on Appropriations that the Government of
Egypt has completed action to provide fair and commensurate
compensation to American citizen April Corley for injuries
suffered by Egyptian armed forces on September 13, 2015:
Provided, That none of the funds withheld pursuant to
subparagraph (A) shall be transferred to the interest bearing
account referenced in subparagraph (A) until the
determination in the preceding sentence has been provided to
the Committees on Appropriations.
(c) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be used by the Secretary of State to support
the activities described under this section in the report
accompanying this Act.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135 of the Atomic Energy Act of
1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the
Iran Nuclear Agreement Review Act of 2015 (Public Law 114-
17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on--
(i) the status of United States bilateral sanctions on
Iran;
(ii) the reimposition and renewed enforcement of secondary
sanctions; and
(iii) the impact such sanctions have had on Iran's
destabilizing activities throughout the Middle East.
(d) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Iraq
for economic, stabilization, and humanitarian programs
described under this section in the report accompanying this
Act.
(2) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States
and Iraq.
(e) Jordan.--Of the funds appropriated by this Act under
titles III and IV, not less than $1,525,000,000 shall be made
available for assistance for Jordan, of which not less than
$745,100,000 of the funds appropriated under the heading
``Economic Support Fund'' shall be for budget support for the
Government of Jordan and of which not less than $425,000,000
shall be made available under the heading ``Foreign Military
Financing Program''.
(f) Lebanon.--Funds appropriated by this Act that are made
available for assistance for Lebanon--
(1) under the headings ``International Narcotics Control
and Law Enforcement'' and ``Foreign Military Financing
Program'' may be made available for the Lebanese Internal
Security Forces (ISF) and the Lebanese Armed Forces (LAF) to
address security and stability requirements in areas affected
by the conflict in Syria, following consultation with the
appropriate congressional committees;
(2) under the heading ``Foreign Military Financing
Program'' may be used only to professionalize the LAF and to
strengthen border security and combat terrorism, including
training
[[Page H4517]]
and equipping the LAF to secure Lebanon's borders,
interdicting arms shipments, preventing the use of Lebanon as
a safe haven for terrorist groups, and to implement United
Nations Security Council Resolution 1701: Provided, That
funds may not be obligated for assistance for the LAF until
the Secretary of State submits to the Committees on
Appropriations a spend plan, including actions to be taken to
ensure equipment provided to the LAF is only used for the
intended purposes, except such plan may not be considered as
meeting the notification requirements under section 7015 of
this Act or under section 634A of the Foreign Assistance Act
of 1961, and shall include any funds specifically intended
for lethal military equipment: Provided further, That such
spend plan shall be submitted not later than September 1,
2020;
(3) shall not be made available for the ISF or the LAF if
these entities fall under control by a foreign terrorist
organization, as designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); and
(4) under the heading ``Economic Support Fund'' may be made
available notwithstanding section 1224 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law
107-228; 22 U.S.C. 2346 note).
(g) Libya.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for stabilization
assistance for Libya, including border security: Provided,
That the limitation on the uses of funds for certain
infrastructure projects in section 7041(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76)
shall apply to such funds.
(2) Certification.--Prior to the initial obligation of
funds made available by this Act for assistance for Libya,
the Secretary of State shall certify and report to the
Committees on Appropriations that all practicable steps have
been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds.
(3) Cooperation on the september 2012 attack on united
states personnel and facilities.--None of the funds
appropriated by this Act may be made available for assistance
for the central Government of Libya unless the Secretary of
State certifies and reports to the Committees on
Appropriations that such government is cooperating with
United States Government efforts to investigate and bring to
justice those responsible for the attack on United States
personnel and facilities in Benghazi, Libya in September
2012: Provided, That the limitation in this paragraph shall
not apply to funds made available for the purpose of
protecting United States Government personnel or facilities.
(h) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under the headings ``Development Assistance''
and ``Economic Support Fund'' in this Act shall be made
available for assistance for the Western Sahara: Provided,
That not later than 90 days after enactment of this Act and
prior to the obligation of such funds, the Secretary of
State, in consultation with the USAID Administrator, shall
consult with the Committees on Appropriations on the proposed
uses of such funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may
only be used for the purposes requested in the Congressional
Budget Justification, Foreign Operations, Fiscal Year 2017.
(i) Saudi Arabia.--None of the funds appropriated by this
Act should be used to support the sale of nuclear technology
to Saudi Arabia.
(j) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Peacekeeping
Operations'' may be made available, notwithstanding any other
provision of law, for non-lethal stabilization assistance for
Syria, including for emergency medical and rescue response
and chemical weapons use investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of
Iran, the Government of the Russian Federation, foreign
terrorist organizations (as designated pursuant to section
219 of the Immigration and Nationality Act (8 U.S.C. 1189)),
or a proxy of Iran in Syria; and
(B) should not be used in areas of Syria controlled by a
government led by Bashar al-Assad or associated forces.
(3) Monitoring and oversight.--Prior to the obligation of
any funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
(4) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(k) Tunisia.--Of the funds appropriated under titles III
and IV of this Act, not less than $191,400,000 shall be made
available for assistance for Tunisia.
(l) Yemen.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
stabilization assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the
heading ``International Military Education and Training'' for
the central government of a country in the African Great
Lakes region may be made available only for Expanded
International Military Education and Training and
professional military education until the Secretary of State
determines and reports to the Committees on Appropriations
that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring
country, including aiding and abetting armed groups.
(b) Central African Republic.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not
less than $3,000,000 shall be made available for a
contribution to the Special Criminal Court in Central African
Republic.
(c) Malawi.--Of the funds appropriated by this Act under
the heading ``Development Assistance'', not less than
$56,000,000 shall be made available for assistance for
Malawi, of which up to $10,000,000 shall be made available
for higher education programs.
(d) South Sudan.--Funds appropriated by this Act that are
made available for assistance for the central Government of
South Sudan may only be made available, following
consultation with the Committees on Appropriations, for the
purposes described under this section in the report
accompanying this Act: Provided, That prior to the initial
obligation of funds to support South Sudan peace negotiations
or to implement a peace agreement, the Secretary of State
shall consult with the Committees on Appropriations on the
intended uses of such funds and steps taken by such
government to advance or implement a peace agreement.
(e) Sudan.--
(1) Limitations.--
(A) Assistance.--Notwithstanding any other provision of
law, none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(B) Loans.--None of the funds appropriated by this Act may
be made available for the cost, as defined in section 502 of
the Congressional Budget Act of 1974, of modifying loans and
loan guarantees held by the Government of Sudan, including
the cost of selling, reducing, or canceling amounts owed to
the United States, and modifying concessional loans,
guarantees, and credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to funds made available for assistance described under
this section in the report accompanying this Act.
(f) Zimbabwe.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports that the
rule of law and freedom of expression, association, and
assembly are restored, except that funds may be made
available for macroeconomic growth assistance if the
Secretary reports to the Committees on Appropriations that
such government is implementing transparent fiscal policies,
including public disclosure of revenues from the extraction
of natural resources.
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Authority.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support
Fund'' for assistance for Burma may be made available
notwithstanding any other provision of law, except for this
subsection, and following consultation with the appropriate
congressional committees: Provided, That such funds may be
made available for ethnic groups and civil society in Burma
to help sustain ceasefire agreements and further prospects
for reconciliation and peace, which may include support to
representatives of ethnic armed groups for this purpose.
(B) Limitations.--Funds appropriated by this Act under
titles III and IV to carry out the provisions of part I of
the Foreign Assistance Act of 1961 and made available for
assistance for Burma shall be subject to the limitations
enumerated under this section in the report accompanying this
Act.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(b) Cambodia.--
(1) Limitation.--None of the funds appropriated by this Act
that are made available for assistance for the Government of
Cambodia may be obligated or expended unless the Secretary of
State certifies and reports to the Committees on
Appropriations that such Government is meeting the conditions
described under this section in the report accompanying this
Act.
(2) Uses.--Funds appropriated by this Act under the heading
``Development Assistance'' and made available for assistance
for Cambodia shall be made available for the purposes
described under this section in the report accompanying this
Act.
(c) Indo-Pacific Strategy.--Of the funds appropriated by
this Act, $160,000,000 shall be made available to support the
implementation of the Indo-Pacific Strategy.
(d) North Korea.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for the Government of
North Korea: Provided, That the Secretary of State may waive
the limitation in this paragraph, and the limitation on
assistance for North Korea contained in
[[Page H4518]]
section 7007 of this Act, if the Secretary determines and
reports to the Committees on Appropriations that to do so is
important to the national security interest of the United
States, and submits in such report a detailed justification.
(2) Human rights.--Funds appropriated by this Act under the
headings ``Democracy Fund'' and ``Economic Support Fund''
shall be made available for the promotion of human rights in
North Korea: Provided, That the authority of section 7032(b)
of this Act shall apply to such funds.
(e) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in
this Act may be obligated or expended for processing licenses
for the export of satellites of United States origin
(including commercial satellites and satellite components) to
the People's Republic of China (PRC) unless, at least 15 days
in advance, the Committees on Appropriations are notified of
such proposed action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(f) Philippines.--None of the funds appropriated by this
Act under the heading ``International Narcotics Control and
Law Enforcement'' may be made available for counternarcotics
assistance for the Philippines, except for drug demand
reduction, maritime law enforcement, or transnational
interdiction.
(g) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan
people and respect Tibetan culture and traditions, and are
subject to effective monitoring.
(2) Programs for tibetan communities.--Of the funds
appropriated under the heading ``Economic Support Fund'', not
less than--
(A) Tibet autonomous region.--$8,000,000 shall be made
available to nongovernmental organizations to support
activities which preserve cultural traditions and promote
sustainable development, education, and environmental
conservation in Tibetan communities in the Tibet Autonomous
Region and in other Tibetan communities in China,
notwithstanding any other provision of law;
(B) India and nepal.--$6,000,000 shall be made available
for programs to promote and preserve Tibetan culture,
development, and the resilience of Tibetan communities in
India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders from
such communities: Provided, That such funds are in addition
to amounts made available in subparagraph (A) for programs
inside Tibet; and
(C) Tibetan governance.--$3,000,000 shall be made available
for programs to strengthen the capacity of Tibetan
institutions and governance.
(h) Vietnam.--Notwithstanding any other provision of law,
funds appropriated by this Act under the heading ``Economic
Support Fund'' shall be made available for remediation of
dioxin contaminated sites in Vietnam and may be made
available for assistance for the Government of Vietnam,
including the military, for such purposes.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Authorities.--
(A) Funds appropriated by this Act under titles III through
VI that are made available for assistance for Afghanistan may
be made available--
(i) notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance
Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the Government
of Afghanistan, including in accordance with section
7046(a)(2)(B)(ii) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74); and
(iii) for an endowment to empower women and girls.
(B) Section 7046(a)(2)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112-74) shall apply to funds
appropriated by this Act for assistance for Afghanistan.
(2) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Pakistan.--
(1) Authority and uses of funds.--
(A) Funds appropriated by this Act for assistance for
Pakistan may be made available notwithstanding any other
provision of law, except for section 620M of the Foreign
Assistance Act of 1961.
(B) Funds appropriated by this Act for assistance for
Pakistan that are made available for infrastructure projects
shall be implemented in a manner consistent with section
507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(C) The authorities and directives of section 7044(d)(4) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235) regarding scholarships for women shall apply to
funds appropriated by this Act for assistance for Pakistan,
following consultation with the Committees on Appropriations.
(D) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are made
available for assistance for Pakistan shall be made available
to interdict precursor materials from Pakistan to Afghanistan
that are used to manufacture improvised explosive devices and
for agriculture extension programs that encourage alternative
fertilizer use among Pakistani farmers to decrease the dual
use of fertilizer in the manufacturing of improvised
explosive devices.
(2) Withholding.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(c) Sri Lanka.--
(1) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka, except
for funds made available for humanitarian assistance and
victims of trauma, may be made available only if the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Sri Lanka is taking
actions as described under this section in the report
accompanying this Act.
(2) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance
for Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 under the heading ``Foreign
Military Financing Program'' may only be made available for
programs to support counterterrorism, humanitarian and
disaster response preparedness, and maritime security,
including professionalization and training for the navy and
coast guard; and
(B) funds under the heading ``Peacekeeping Operations'' may
only be made available for training and equipment related to
international peacekeeping operations and improvements to
peacekeeping-related facilities, and only if the Government
of Sri Lanka is taking effective steps to bring to justice
Sri Lankan peacekeeping troops who have engaged in sexual
exploitation and abuse.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--
(A) Fiscal year 2020.--Of the funds appropriated by this
Act under titles III and IV, not less than $540,850,000 shall
be made available for assistance for the countries of Central
America, including to implement the United States Strategy
for Engagement in Central America: Provided, That such
assistance shall be prioritized for programs and activities
that addresses the key factors that contribute to the
migration of unaccompanied, undocumented minors to the United
States: Provided further, That not less than $45,000,000
shall be for support of Attorneys General and other
activities to combat corruption and impunity in such
countries.
(B) Prior fiscal years.--
(i) Section 7045(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31) is amended by striking in
paragraph (2), ``$655,000,000 should'' and inserting in lieu
thereof, ``not less than $655,000,000 shall''.
(ii) Section 7045(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141) is amended by striking in
paragraph (1), ``up to $615,000,000 may'' and inserting in
lieu thereof, ``not less than $615,000,000 shall''.
(iii) Section 7045(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6) is amended--
(I) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively;
(II) by inserting before paragraph (2), as redesignated,
the following new paragraph:
``(1) Assistance.--Of the funds appropriated under titles
III and IV of this Act, not less than $527,600,000 shall be
made available for assistance for the countries of Central
America to implement the United States Strategy for
Engagement in Central America.'';
(III) in paragraph (3), as redesignated, by striking
``paragraph (1)'' each place it appears and inserting
``paragraph (2)''; and
(IV) in paragraph (4) as redesignated--
(aa) by striking ``subsection (a)(1)'' and inserting
``paragraph (2)''; and
(bb) by striking ``subsection (a)(2)'' and inserting
``paragraph (3)''.
(2) Northern Triangle.--
(A) Assistance to the central governments.--Of funds made
available pursuant to paragraph (1)(A) under title IV of this
Act that are made available for assistance for each of the
central governments of El Salvador, Guatemala, and Honduras,
50 percent may only be obligated after the Secretary of State
certifies and reports to the appropriate congressional
committees that such government is meeting the requirements
enumerated under this section in the report accompanying this
Act.
[[Page H4519]]
(B) Reprogramming.--If the Secretary is unable to make the
certification required by subparagraph (A) for one or more of
the governments, such assistance for such central government
shall be reprogrammed for assistance for other countries in
Latin America and the Caribbean, notwithstanding the minimum
funding requirements of this subsection and of section 7019
of this Act: Provided, That any such reprogramming shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(C) Exceptions.--The limitation of subparagraph (A) shall
not apply to funds appropriated by this Act that are made
available for--
(i) the International Commission against Impunity in
Guatemala, the Mission to Support the Fight Against
Corruption and Impunity in Honduras, assistance for support
of Attorneys General, and other activities to combat
corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) humanitarian assistance; and
(iv) global food security programs.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $457,253,000 shall be
made available for assistance for Colombia: Provided, That
such funds shall be made available for the programs and
activities described under this section in the report
accompanying this Act.
(2) Withholding of funds.--
(A) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'' and made available for
assistance for Colombia, 20 percent may be obligated only
after the Secretary of State submits to the Committees on
Appropriation the certification and report regarding such
funds described under this section in the report accompanying
this Act.
(B) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' and
made available for assistance for Colombia, 20 percent may be
obligated only after the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Colombia has reduced overall illicit drug
cultivation and trafficking.
(3) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used to
transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and
to provide transport in support of alternative development
programs and investigations by civilian judicial authorities.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act under
the headings ``Economic Support Fund'' that are made
available for assistance for Haiti may not be made available
for assistance for the central Government of Haiti unless the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is taking the steps
described under this section in the report accompanying this
Act.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(d) The Caribbean.--Of the funds appropriated by this Act
under title IV, not less than $58,000,000 shall be made
available for the Caribbean Basin Security Initiative.
(e) Venezuela.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$17,500,000 shall be made available for programs to promote
democracy and the rule of law in Venezuela.
europe and eurasia
Sec. 7046. (a) Violations of Sovereignty.--None of the
funds appropriated by this Act may be made available for
assistance for a government of an Independent State of the
former Soviet Union if such government directs any action in
violation of the territorial integrity or national
sovereignty of any other Independent State of the former
Soviet Union, such as those violations included in the
Helsinki Final Act: Provided, That except as otherwise
provided in subsection (c)(1) of this section, funds may be
made available without regard to the restriction in this
subsection if the President determines that to do so is in
the national security interest of the United States: Provided
further, That prior to executing the authority contained in
the previous proviso, the Secretary of State shall consult
with the Committees on Appropriations on how such assistance
supports the national security interest of the United States.
(b) Section 907 of the Freedom Support Act.--Section 907 of
the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.)
and section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation
assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD
Act of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(c) Countering Russian Influence and Aggression.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for the central
Government of the Russian Federation.
(2) Annexation of crimea.--
(A) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian
Federation annexation of Crimea or other territory in
Ukraine: Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction on
assistance required by this subparagraph if the Secretary
determines and reports to such Committees that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(B) None of the funds appropriated by this Act may be made
available for--
(i) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(ii) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of Russian-backed separatists, if
such activity includes the participation of Russian
Government officials, or other Russian owned or controlled
financial entities; or
(iii) assistance for Crimea or other territory in Ukraine
under the control of Russian-backed separatists, if such
assistance includes the participation of Russian Government
officials, or other Russian owned or controlled financial
entities.
(C) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such
institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty or territorial
integrity of Ukraine.
(D) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations
that the Government of Ukraine has reestablished sovereignty
over Crimea and other territory in Ukraine under the control
of Russian-backed separatists.
(3) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(A) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has recognized the
independence of, or has established diplomatic relations
with, the Russian occupied Georgian territories of Abkhazia
and Tskhinvali Region/South Ossetia: Provided, That the
Secretary shall publish on the Department of State website a
list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the
restriction on assistance required by this subparagraph if
the Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of
the United States, and includes a justification for such
interest.
(B) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(C) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such
institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty and territorial
integrity of Georgia.
(4) Countering Russian Influence Fund.--
(A) Of the funds appropriated by this Act under titles III
and IV, not less than $280,000,000 shall be made available to
carry out the purposes of the Countering Russian Influence
Fund, as authorized by section 254 of the Countering Russian
Influence in Europe and Eurasia Act of 2017 (Public Law 115-
44; 22 U.S.C. 9543) and notwithstanding the country
limitation in subsection (b) of such section, and programs to
enhance the capacity of law enforcement and security forces
in countries in Europe and Eurasia and strengthen security
cooperation between such countries and the United States and
the North Atlantic Treaty Organization, as appropriate.
(B) Funds appropriated by this Act and made available for
assistance for the Eastern Partnership countries shall be
made available to advance the implementation of Association
Agreements and trade agreements with the European Union, and
to reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(5) Democracy Programs.--Funds appropriated by this Act
shall be made available to support democracy programs, as
defined in section 7032(c) of this Act, in the Russian
Federation, countries along the Russian periphery, and other
countries in Europe and Eurasia targeted by, or potentially
vulnerable to, the malign influence campaigns of the Russian
Federation: Provided, That not later than 90 days after the
enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States
Agency for International Development, shall submit to the
Committees on Appropriations a multi-year strategy for such
programs in the manner described under this section in the
report accompanying this Act.
(d) Turkey.--None of the funds appropriated or otherwise
made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, may be made available to
transfer or deliver, or to facilitate the transfer or
delivery of, F-35 aircraft to Turkey, including any defense
articles or services related to such aircraft, until the
Secretary of State certifies to the
[[Page H4520]]
appropriate congressional committees that the Government of
Turkey is not purchasing the S-400 missile defense system
from Russia and will not accept the delivery of such system.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7047. (a) Countering Foreign Fighters and Extremist
Organizations.--Funds appropriated under titles III and IV of
this Act shall be made available for programs and activities
to counter and defeat violent extremism and foreign fighters
abroad.
(b) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'', and
``Foreign Military Financing Program'', not less than
$195,000,000 shall be made available for the Relief and
Recovery Fund for assistance for areas liberated or at risk
from, or under the control of, the Islamic State of Iraq and
Syria, other terrorist organizations, or violent extremist
organizations, including for stabilization assistance for
vulnerable ethnic and religious minority communities affected
by conflict: Provided, That such funds are in addition to
amounts otherwise made available for such purposes and to
amounts specifically designated in this Act or in the report
accompanying this Act for assistance for countries: Provided
further, That such funds appropriated under such headings may
be transferred to, and merged with, funds appropriated under
such headings: Provided further, That such transfer authority
is in addition to any other transfer authority provided by
this Act or any other Act, and is subject to the regular
notification procedures of the Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by
this Act under the heading ``International Narcotics Control
and Law Enforcement'' that are made available for the Relief
and Recovery Fund, not less than $5,000,000 shall be made
available for programs to promote accountability in Iraq and
Syria for genocide, crimes against humanity, and war crimes,
which shall be in addition to any other funds made available
by this Act for such purposes: Provided, That such programs
shall include components to develop local investigative and
judicial skills, and to collect and preserve evidence and
maintain the chain of custody of evidence, including for use
in prosecutions: Provided further, That such funds shall be
administered by the Special Coordinator for the Office of
Global Criminal Justice, Department of State: Provided
further, That funds made available by this paragraph shall
only be made available on an open and competitive basis.
(d) Fragile States and Extremism.--Funds appropriated by
this Act shall be made available for the purposes of section
7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of
Public Law 115-31), subject to the regular notification
procedures of the Committees on Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Restrictions.--Of the funds appropriated under title I
and under the heading ``International Organizations and
Programs'' in title V of this Act that are available for
contributions to the United Nations (including the Department
of Peacekeeping Operations), any United Nations agency, or
the Organization of American States, 15 percent may not be
obligated for such organization, department, or agency until
the Secretary of State determines and reports to the
Committees on Appropriations that the organization,
department, or agency is meeting the transparency and
accountability requirements detailed in the report
accompanying this Act.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case-by-case basis if the
Secretary of State determines and reports to the Committees
on Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) Limitation.--None of the funds made available by this
Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations or may be made available as a contribution
to any organization, agency, commission, or program within
the United Nations system if such agency, body, commission,
program, or organization is chaired or presided over by a
country, the government of which the Secretary of State has
determined for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 6(j)(1) of the Export Administration Act of 1979
as continued in effect pursuant to the International
Emergency Economic Powers Act (50 U.S.C. App. 24 2405(j)(1)),
or any other provision of law is a government that has
repeatedly provided support for acts of international
terrorism.
(2) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines
and reports to the Committees on Appropriations that to do so
is important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--Funds
appropriated by this Act shall be made available in support
of the United Nations Human Rights Council unless the
Secretary of State determines and reports to the Committees
on Appropriations that participation in the Council does not
serve the national interest of the United States and that the
Council is not taking significant steps to remove Israel as a
permanent agenda item nor taking actions to ensure integrity
in the election of members to such Council: Provided, That
such report shall include a description of how the national
interest is better served by our withdrawal from the Council:
Provided further, That the Secretary of State shall report to
the Committees on Appropriations not later than September 30,
2020, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council.
(d) United Nations Relief and Works Agency.--Funds
appropriated by this Act under title III shall be made
available to the United Nations Relief and Works Agency
(UNRWA), unless the Secretary of State determines and reports
to the Committees on Appropriations that UNRWA--
(1) inappropriately utilizes Operations Support Officers in
the West Bank, Gaza, and other fields of operation to inspect
UNRWA installations;
(2) is not promptly acting to address any staff or
beneficiary violation of its own policies (including the
policies on neutrality and impartiality of employees) and the
legal requirements under section 301(c) of the Foreign
Assistance Act of 1961;
(3) is not implementing procedures to maintain the
neutrality of its facilities, including implementing a no-
weapons policy, and conducting regular inspections of its
installations, to ensure they are only used for humanitarian
or other appropriate purposes;
(4) is not taking necessary and appropriate measures to
ensure it is operating in compliance with the conditions of
section 301(c) of the Foreign Assistance Act of 1961 and
continuing regular reporting to the Department of State on
actions it has taken to ensure conformance with such
conditions;
(5) is not taking steps to ensure the content of all
educational materials currently taught in UNRWA-administered
schools and summer camps is consistent with the values of
human rights, dignity, and tolerance and does not induce
incitement;
(6) is engaging in operations with financial institutions
or related entities in violation of relevant United States
law, and is not taking steps to improve the financial
transparency of the organization; and
(7) is not in compliance with the United Nations Board of
Auditors' biennial audit requirements and is not implementing
in a timely fashion the Board's recommendations.
(e) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2020
for contributions to any organization, department, agency, or
program within the United Nations system or any international
program that are withheld from obligation or expenditure due
to any provision of law: Provided, That the Secretary shall
update such report each time additional funds are withheld by
operation of any provision of law: Provided further, That the
reprogramming of any withheld funds identified in such
report, including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(f) Sexual Exploitation and Abuse in Peacekeeping
Operations.--The Secretary of State should withhold
assistance to any unit of the security forces of a foreign
country if the Secretary has credible information that such
unit has engaged in sexual exploitation or abuse, including
while serving in a United Nations peacekeeping operation,
until the Secretary determines that the government of such
country is taking effective steps to hold the responsible
members of such unit accountable and to prevent future
incidents: Provided, That the Secretary shall promptly notify
the government of each country subject to any withholding of
assistance pursuant to this subsection, and shall notify the
appropriate congressional committees of such withholding not
later than 10 days after a determination to withhold such
assistance is made: Provided further, That the Secretary
shall, to the maximum extent practicable, assist such
government in bringing the responsible members of such unit
to justice.
(g) Additional Availability.--Subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made
available due to the implementation of subsection (a), the
second proviso under the heading ``Contributions for
International Peacekeeping Activities'' in title I of this
Act, or section 307(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2227(a)), shall remain available for obligation
until September 30, 2021: Provided, That the requirement to
withhold funds for programs in Burma under section 307(a) of
the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
(h) Prior Year Peacekeeping Assessments.--Section
404(b)(2)(B) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, (22 U.S.C. 287e note) is amended
at the end by adding the following:
``(vii) For assessments made during calendar year 2016,
28.5738 percent.
``(viii) For assessments made during calendar year 2017,
28.4691 percent.
``(ix) For assessments made during calendar year 2018,
28.4344 percent.''.
inspectors general
Sec. 7049. (a) Prohibition on Use of Funds.--None of the
funds appropriated 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
[[Page H4521]]
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) Report.--Each Inspector General covered by this section
shall report to the Committees on Appropriations within 5
calendar days of any failure by any department or agency of
the United States Government to provide its Inspector General
access to all requested records, documents, and other
materials.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for
obligation during fiscal year 2020 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $60,500,000 shall
be made available for programs to promote Internet freedom
globally.
(b) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after
enactment of this Act, the Secretary of State and the Chief
Executive Officer of the United States Agency for Global
Media shall submit to the Committees on Appropriations spend
plans for funds made available by this Act for programs to
promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to
ensure that such programs are not used for illicit purposes.
(c) Security Audits.--Funds made available pursuant to this
section to promote Internet freedom globally may only be made
available to support technologies that undergo comprehensive
security audits conducted by the Bureau of Democracy, Human
Rights, and Labor, Department of State to ensure that such
technology is secure and has not been compromised in a manner
detrimental to the interest of the United States or to
individuals and organizations benefiting from programs
supported by such funds.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Limitation.--None of the funds made
available by this Act may be used to support or justify the
use of torture and other cruel, inhuman, or degrading
treatment or punishment by any official or contract employee
of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section
660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for
assistance to eliminate torture and other cruel, inhuman, or
degrading treatment or punishment by foreign police, military
or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic Programs'', ``International Narcotics Control
and Law Enforcement'', ``Andean Counterdrug Initiative'', and
``Andean Counterdrug Programs'' may be used for any other
program and in any region.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations
that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section 7006(b) of
this Act, such aircraft may be used to transport, on a
reimbursable or non-reimbursable basis, Federal and non-
Federal personnel supporting Department of State and USAID
programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with
the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working Capital
Fund of the Department and shall be available for expenses
related to the purchase, lease, maintenance, chartering, or
operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose
of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That the date ``September
30, 2009'' in subsection (f)(2)(B) of such section shall be
deemed to be ``September 30, 2019''.
international monetary fund
Sec. 7054. The terms and conditions of sections 7086(b)
(1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) shall apply to this Act.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated
in this Act may be used to provide assistance (other than
funds provided under the headings ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International
Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``United States Emergency Refugee and
Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of
State of its refusal to extradite to the United States any
individual indicted for a criminal offense for which the
maximum penalty is life imprisonment without the possibility
of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) Waiver.--The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that
such waiver is important to the national interest of the
United States.
impact on jobs in the united states
Sec. 7056. None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade
Act of 1974, of workers in the recipient country, including
any designated zone or area in that country: Provided, That
the application of section 507(4)(D) and (E) of such Act
should be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture; or
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating
or transferring jobs from the United States to other
countries and adversely impacts the labor force in the United
States.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2020, $55,500,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive
health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles
III and IV of this Act that are made available for global
health programs, including activities relating to research
on, and the prevention, treatment and control of, HIV/AIDS,
may be made available notwithstanding
[[Page H4522]]
any other provision of law except for provisions under the
heading ``Global Health Programs'' and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under the heading
``Global Health Programs'' in this Act, not less than
$750,000,000 shall be made available for family planning/
reproductive health, including in areas where population
growth threatens biodiversity or endangered species: Provided
further, That none of the funds made available by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made
available to implement the Presidential Memorandum on Mexico
City Policy dated January 23, 2017: Provided further, That
none of the funds made available by this Act may be used in
contravention of the conditions of section 7018 of this Act
and section 104(f)(1) of the Foreign Assistance Act of 1961.
(b) Contagious Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is
sustained, severe, and is spreading internationally, or that
it is in the national interest to respond to a Public Health
Emergency of International Concern, funds appropriated by
this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Migration and Refugee Assistance'', and
``Millennium Challenge Corporation'' may be made available to
combat such infectious disease or public health emergency,
and may be transferred to, and merged with, funds
appropriated under such headings for the purposes of this
paragraph.
(2) Emergency reserve fund.--Up to $10,000,000 of the funds
made available under the heading ``Global Health Programs''
may be made available for the Emergency Reserve Fund
established pursuant to section 7058(c)(1) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31):
Provided, That such funds shall be made available under the
same terms and conditions of such section.
(3) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with
the appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this
Act shall be made available to promote gender equality in
United States Government diplomatic and development efforts
by raising the status, increasing the participation, and
protecting the rights of women and girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made
available for programs specifically designed to increase
leadership opportunities for women in countries where women
and girls suffer discrimination due to law, policy, or
practice, by strengthening protections for women's political
status, expanding women's participation in political parties
and elections, and increasing women's opportunities for
leadership positions in the public and private sectors at the
local, provincial, and national levels.
(c) Gender-Based Violence.--Of the funds appropriated under
titles III and IV of this Act, not less than $165,000,000
shall be made available to implement a multi-year strategy to
prevent and respond to gender-based violence in countries
where it is common in conflict and non-conflict settings.
(d) Women and Girls at Risk From Extremism.--Of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $15,000,000 shall be made
available to support women and girls who are at risk from
extremism and conflict, and for the activities described in
section 7059(e)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141): Provided, That such funds
are in addition to amounts otherwise made available by this
Act for such purposes, and shall be made available following
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $925,000,000 shall be made available for
assistance for basic education, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided, That
funds made available under the headings ``Development
Assistance'' and ``Economic Support Fund'' for the support of
non-state schools in this Act and prior Acts shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(B) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$125,000,000 shall be made available for contributions to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education: Provided, That
such funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Environment Programs.--
(1) Authority, notification, and limitation.--
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support environment
programs.
(B) Funds made available pursuant to this subsection shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(C) Funds in this Act and prior Acts may be made available
for a contribution, grant, or any other payment for the Paris
Agreement: Provided, That any such use of funds shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(D) None of the funds appropriated or otherwise made
available by this Act, or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs, may be used to provide formal notification under
Article 28 of the Paris Agreement of the withdrawal of the
United States from such Agreement.
(2) Conservation programs.--
(A) Of the funds appropriated under title III of this Act,
not less than $295,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $100,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking.
(3) Sustainable landscapes.--Of the funds appropriated
under title III of this Act, not less than $135,000,000 shall
be made available for sustainable landscapes programs.
(4) Adaptation.--Of the funds appropriated under title III
of this Act, not less than $177,000,000 shall be made
available for adaptation programs.
(5) Renewable energy.--Of the funds appropriated under
title III of this Act, not less than $179,000,000 shall be
made available for renewable energy programs.
(c) Food Security and Agricultural Development.--Of the
funds appropriated by title III of this Act, not less than
$1,005,600,000 shall be made available for food security and
agricultural development programs to carry out the purposes
of the Global Food Security Act of 2016 (Public Law 114-195):
Provided, That funds may be made available for a contribution
as authorized by section 3202 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246), as amended by
section 3310 of the Agriculture Improvement Act of 2018
(Public Law 115-334).
(d) Micro, Small, and Medium-sized Enterprises.--Of the
funds appropriated by this Act, not less than $265,000,000
shall be made available to support the development of, and
access to financing for, micro, small, and medium-sized
enterprises that benefit the poor, especially women.
(e) Programs To Combat Trafficking in Persons.--Of the
funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not
less than $67,000,000 shall be made available for activities
to combat trafficking in persons internationally.
(f) Reconciliation Programs.--Funds appropriated by this
Act under the heading ``Development Assistance'' shall be
made available to support people-to-people reconciliation
programs which bring together individuals of different
ethnic, religious, and political backgrounds from areas of
civil strife and war: Provided, That the USAID Administrator
shall consult with the Committees on Appropriations, prior to
the initial obligation of funds, on the uses of such funds,
and such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) Water and Sanitation.--Of the funds appropriated by
this Act, not less than $435,000,000 shall be made available
for water supply and sanitation projects pursuant to section
136 of the Foreign Assistance Act of 1961, of which not less
than $195,000,000 shall be for programs in sub-Saharan
Africa, and of which not less than $15,000,000 shall be made
available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
budget documents
Sec. 7061. (a) Operating Plans.--Not later than 45 days
after the date of enactment of this Act, each department,
agency, or organization funded in titles I, II, and VI of
this Act, and the Department of the Treasury and Independent
Agencies funded in title III of this Act, including the
Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to
such department, agency, or organization in such titles of
this Act, or funds otherwise available for obligation in
fiscal year 2020, that provides details of the uses of such
funds at the program, project, and activity level: Provided,
That operating plans that include changes in levels of
funding for programs, projects, and activities specified in
the congressional budget justification, in this Act, or
amounts specifically designated in the respective tables
included in the report accompanying this Act, as applicable,
shall be subject to the notification and reprogramming
requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Not later than 60 days after enactment of this Act, the
Secretary of State or Administrator
[[Page H4523]]
of the United States Agency for International Development, as
appropriate, shall submit to the Committees on Appropriations
a spend plan for funds made available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan,
Colombia, and countries in Central America;
(B) assistance made available pursuant to section 7046(c)
of this Act to counter Russian influence and aggression,
except that such plan shall be on a country-by-country basis;
(C) assistance made available pursuant to section 7059 of
this Act;
(D) the Indo-Pacific Strategy;
(E) democracy programs, Power Africa, programs to support
section 7047(a) of this Act, and sectors enumerated in
subsections (a), (b), (c), (d), (e), and (g) of section 7060
of this Act; and
(F) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for International
Organized Crime and for Cybercrime and Intellectual Property
Rights: Provided, That the spend plans shall include
bilateral and global programs funded under such heading along
with a brief description of the activities planned for each
country.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Clarification.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements in this Act or under section 634A
of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--
(1) The congressional budget justification for Department
of State operations and foreign operations shall be provided
to the Committees on Appropriations concurrent with the date
of submission of the President's budget for fiscal year 2021:
Provided, That the appendices for such justification shall be
provided to the Committees on Appropriations not later than
10 calendar days thereafter: Provided further, That if the
appendices referenced in the preceding proviso are not
provided to such Committee by the date specified, none of the
funds made available under the heading ``Diplomatic
Programs'' and designated in paragraph (3) for Diplomatic
Policy and Support shall be available for travel and related
expenses of the Secretary of State until such budget
appendices are provided to the Committees on Appropriations.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a
detailed justification for multi-year availability for any
funds requested under the headings ``Diplomatic Programs''
and ``Operating Expenses''.
(e) Change in Allocation of Foreign Assistance.--The
Department of State shall fully comply with the notification
requirement pursuant to section 653(a) of the Foreign
Assistance Act of 1961 (Public Law 87-195) not later than the
period of time specified in such section: Provided, That if
the report accompanying the notification referenced in the
preceding sentence is not provided to the Committees on
Appropriations within the specified time, none of the funds
made available under the heading ``Diplomatic Programs'' and
designated in paragraph (3) for Diplomatic Policy and Support
shall be available for travel and related expenses of the
Secretary of State until such report is provided to the
Committees on Appropriations.
reorganization
Sec. 7062. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations
for the Department of State, foreign operations, and related
programs, or any other Act may not be used to implement a
reorganization, redesign, or other plan described in
paragraph (2) by the Department of State, the United States
Agency for International Development, or any other Federal
department, agency, or organization funded by this Act
without prior consultation by the head of such department,
agency, or organization with the appropriate congressional
committees: Provided, That such funds shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That any such notification
submitted to such Committees shall include a detailed
justification for any proposed action, including the
information specified under this section in the report
accompanying this Act.
(b) Description of Activities.--Pursuant to paragraph (1),
a reorganization, redesign, or other plan shall include any
action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus
and offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of
the authorities and responsibilities of such bureaus and
offices; or
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms.
designation
Sec. 7063. 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 (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
assistance for foreign nongovernmental organizations
Sec. 7064. The Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) is amended by inserting after section 104C the
following:
``SEC. 104D ELIGIBILITY FOR ASSISTANCE.
``Notwithstanding any other provision of law, regulation,
or policy, in determining eligibility for assistance under
sections 104, 104A, 104B, and 104C, a foreign nongovernmental
organization--
``(1) shall not be ineligible for such assistance solely on
the basis of health or medical services, including counseling
and referral services, provided by such organization with
non-United States Government funds if such services--
``(A) are permitted in the country in which they are being
provided; and
``(B) would not violate United States law if provided in
the United States; and
``(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance
under this part.''.
references to act
Sec. 7065. 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.
reference to report
Sec. 7066. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 116-78. 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.
rescission of funds
Sec. 7067. Of the unobligated balances available under the
heading ``Export and Investment Assistance, Export-Import
Bank of the United States, Subsidy Appropriation'' for tied-
aid grants from prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, $11,762,000 are hereby rescinded.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020''.
DIVISION E--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for energy and water
development and related agencies for the fiscal year ending
September 30, 2020, and for other purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects, and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations, and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $135,000,000, to remain
available until expended: Provided, That the Secretary shall
initiate six new study starts during fiscal year 2020:
Provided further, That the Secretary shall not deviate from
the new starts proposed in the work plan, once the plan has
been submitted to the Committees on Appropriations of both
Houses of Congress.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $2,337,000,000, to remain available until
expended; of which such sums as are necessary to cover the
Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived
from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects
shall be derived from the Inland Waterways Trust Fund, except
as otherwise specifically provided for in law: Provided,
That the Secretary shall initiate six new construction starts
during fiscal year 2020: Provided further, That for new
construction projects, project cost sharing agreements shall
be executed as soon as practicable but no later than
September 30, 2020: Provided further, That no allocation for
a new start shall be considered final and no work allowance
shall be made until the Secretary provides to the Committees
on Appropriations of both Houses of Congress an out-year
funding scenario demonstrating the affordability of the
selected new starts and the impacts on other
[[Page H4524]]
projects: Provided further, That the Secretary may not
deviate from the new starts proposed in the work plan, once
the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$350,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $3,923,000,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for
inland harbors shall be derived from the Harbor Maintenance
Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research,
interpretation, and maintenance activities related to
resource protection in the areas at which outdoor recreation
is available; and of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall
be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have
been collected: Provided, That 1 percent of the total amount
of funds provided for each of the programs, projects, or
activities funded under this heading shall not be allocated
to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for
use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be
necessary and appropriate, and that the Chief of Engineers
shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities
proportionally in accordance with the amounts provided for
the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$210,000,000, to remain available until September 30, 2021.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $155,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $37,500,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works
program, $203,000,000, to remain available until September
30, 2021, of which not to exceed $5,000 may be used for
official reception and representation purposes and only
during the current fiscal year: Provided, That no part of
any other appropriation provided in this title shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided
further, That any Flood Control and Coastal Emergencies
appropriation may be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other
natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$5,000,000, to remain available until September 30, 2021:
Provided, That not more than 25 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of
the additional funding provided under each heading in this
title, as designated under such heading in the report of the
Committee on Appropriations accompanying this Act, to
specific programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in this title
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 for any program, project,
or activity for which funds have been denied or restricted by
this Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $2,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $2,000,000 or 10 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or
activity authorized under section 205 of the Flood Control
Act of 1948, section 14 of the Flood Control Act of 1946,
section 208 of the Flood Control Act of 1954, section 107 of
the River and Harbor Act of 1960, section 103 of the River
and Harbor Act of 1962, section 111 of the River and Harbor
Act of 1968, section 1135 of the Water Resources Development
Act of 1986, section 206 of the Water Resources Development
Act of 1996, or section 204 of the Water Resources
Development Act of 1992.
(c) The Corps of Engineers shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed
between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not
later than 60 days after the date of enactment of this Act.
Sec. 102. None of the funds made available in this title
may be used to award or modify any contract that commits
funds beyond the amounts appropriated for that program,
project, or activity that remain unobligated, except that
such amounts may include any funds that have been made
available through reprogramming pursuant to section 101.
Sec. 103. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $5,400,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers
projects.
Sec. 104. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material,
after evaluating the least costly, environmentally acceptable
manner for the disposal or management of dredged material
originating from Lake Erie or tributaries thereto, unless it
is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open
lake placement alternative for dredged material is approved
under a State water quality certification, the Corps of
Engineers shall continue upland placement of such dredged
material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 105. None of the funds made available by this Act may
be used to carry out any water supply reallocation study
under the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
Sec. 106. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the
Civil Works functions or authority of the Corps of Engineers
or the Secretary of the Army to another department or agency.
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the
Chief of Engineers.
Sec. 108. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
Act or any prior appropriations Acts for the Civil Works
Program of the United States Army Corps of Engineers may be
committed, obligated, expended, or otherwise used to design
or construct a wall, fence, border barriers, or border
security infrastructure along the southern border of the
United States.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $15,000,000, to remain available
until expended, of which $1,800,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for
use by the Utah Reclamation Mitigation and Conservation
Commission: Provided, That of the amount provided under this
heading, $1,500,000 shall be available until September 30,
2021, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided
further, That for fiscal year 2020, of the amount made
available to the Commission under this Act or any other Act,
the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
[[Page H4525]]
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $1,485,000,000, to remain available until
expended, of which $70,332,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$5,023,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund: Provided, That such transfers may be increased or
decreased within the overall appropriation under this
heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the
Reclamation Fund or the Bureau of Reclamation special fee
account established by 16 U.S.C. 6806 shall be derived from
that Fund or account: Provided further, That funds
contributed under 43 U.S.C. 395 are available until expended
for the purposes for which the funds were contributed:
Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under
this heading: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which
shall be carried out by the Youth Conservation Corps, as
authorized by 16 U.S.C. 1706: Provided further, That in
accordance with section 4009(c) of Public Law 114-322 and as
recommended by the Secretary in a letter dated February 13,
2019, funding provided for such purpose in fiscal year 2018
shall be made available to the Expanding Recycled Water
Delivery Project (VenturaWaterPure), the Pure Water Monterey-
Groundwater Replenishment Project, the Groundwater
Reliability Improvement Program (GRIP) Recycled Water
Project, the North Valley Regional Recycled Water Program,
the South Sacramento County Agriculture and Habitat Lands
Recycled Water Program, and the Central Coast Blue Project:
Provided further, That in accordance with section 4007 of
Public Law 114-322 and as recommended by the Secretary in a
letter dated February 13, 2019, funding provided for such
purpose in fiscal years 2017 and 2018 shall be made available
to the Cle Elum Pool Raise, the Boise River Basin Feasibility
Study, the Del Puerto Water District, the Los Vaqueros
Reservoir Phase 2 Expansion Project, the North-of-the-Delta
Off stream storage (Sites Reservoir Project), and the Friant-
Kern Canal Capacity Correction Resulting Subsidence:
Provided further, That in accordance with section 4009(a) of
Public Law 114-322 and as recommended by the Secretary in a
letter dated February 13, 2019, funding provided for such
purpose in fiscal years 2017 and 2018 shall be made available
to the Doheny Ocean Desalination Project, the Kay Bailey
Hutchison Desalination Plant, the North Pleasant Valley
Desalter Facility and the Mission Basin Groundwater
Purification Facility Well Expansion and Brine Minimization.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $54,849,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575:
Provided further, That none of the funds made available under
this heading may be used for the acquisition or leasing of
water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or
order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$33,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until September 30, 2021,
$60,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in this title
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 for any program, project, or activity
for which funds have been denied or restricted by this Act;
(4) restarts or resumes any program, project, or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits--
(A) 15 percent for any program, project, or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project, or activity for
which less than $2,000,000 is available at the beginning of
the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program,
project, or activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed
between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not
later than 60 days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking ``$480,000,000'' and inserting ``$510,000,000''.
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-
Delta Authorization Act) (118 Stat. 1681) is amended by
striking ``2019'' each place it appears and inserting
``2020''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus
Public Land Management Act of 2009) is amended by striking
``2019'' and inserting ``2020''.
Sec. 206. The Claims Resolution Act of 2010 (Public Law
111-291) is amended--
(1) in section 309(d), by striking ``2021'' each place it
appears and inserting ``2023''; and
(2) in section 311(h), by striking ``2021'' and inserting
``2023''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $2,651,713,000, to
remain available until expended: Provided, That of such
amount, $163,521,000 shall be available until September 30,
2021, for program direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy sector cybersecurity,
energy security, and emergency response activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $150,000,000, to remain available until
expended: Provided, That of such amount, $13,000,000 shall
be available until September 30, 2021, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of
[[Page H4526]]
plant and capital equipment, and other expenses necessary for
electricity delivery activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, $200,000,000, to
remain available until expended: Provided, That of such
amount, $19,600,000 shall be available until September 30,
2021, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $1,317,808,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall
be available until September 30, 2021, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition of interest,
including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological
investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3,
1602, and 1603), $740,000,000, to remain available until
expended: Provided, That of such amount $61,045,000 shall be
available until September 30, 2021, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities,
$14,000,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all
naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.), $214,000,000,
to remain available until expended: Provided, That, as
authorized by section 404 of the Bipartisan Budget Act of
2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary
of Energy shall draw down and sell not to exceed $450,000,000
of crude oil from the Strategic Petroleum Reserve in fiscal
year 2020: Provided further, That the proceeds from such
drawdown and sale shall be deposited into the ``Energy
Security and Infrastructure Modernization Fund'' during
fiscal year 2020: Provided further, That such amounts shall
be made available and shall remain available until expended
for necessary expenses to carry out the Life Extension II
project for the Strategic Petroleum Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of
petroleum products, and for other necessary expenses pursuant
to the Energy Policy and Conservation Act of 1975, as amended
(42 U.S.C. 6201 et seq.), sections 403 and 404 of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note),
and section 5010 of the 21st Century Cures Act (Public Law
114-255), $10,200,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $10,000,000, to remain available
until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$128,000,000, to remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $308,000,000, to
remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $873,479,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $30,514,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and purchase of not more than 33 passenger
motor vehicles including one bus, $6,870,000,000, to remain
available until expended: Provided, That of such amount,
$186,000,000 shall be available until September 30, 2021, for
program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), $425,000,000, to remain
available until expended: Provided, That of such amount,
$34,000,000 shall be available until September 30, 2021, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative
Technology Loan Guarantee Program, as authorized, $33,000,000
is appropriated, to remain available until September 30,
2021: Provided further, That up to $33,000,000 of fees
collected in fiscal year 2020 pursuant to section 1702(h) of
the Energy Policy Act of 2005 shall be credited as offsetting
collections under this heading and used for necessary
administrative expenses in this appropriation and shall
remain available until September 30, 2021: Provided further,
That to the extent that fees collected in fiscal year 2020
exceed $33,000,000, those excess amounts shall be credited as
offsetting collections under this heading and 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 (estimated at
$3,000,000) and (2) to the extent that any remaining general
fund appropriations can be derived from fees collected 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: Provided further, That the
Department of Energy shall not subordinate any loan
obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation
of section 609.10 of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $5,000,000, to remain available
until September 30, 2021.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$1,000,000, to remain available until September 30, 2021.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $25,000,000, to
remain available until expended: Provided, That, of the
amount appropriated under this heading, $4,800,000 shall be
available until September 30, 2021, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $264,378,000, to remain available until
September 30, 2021, including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further,
That moneys received by the Department for miscellaneous
revenues estimated to total $93,378,000 in fiscal year 2020
may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation from the
general fund estimated at not more than $171,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $54,215,000, to remain available until
September 30, 2021.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition,
[[Page H4527]]
construction, or expansion, and the purchase of not to exceed
one ambulance for replacement only, $11,760,800,000, to
remain available until expended: Provided, That of such
amount, $107,660,000 shall be available until September 30,
2021, for program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed two aircraft, $2,079,930,000, to remain
available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,628,551,000, to remain
available until expended, of which, $88,500,000 shall be
transferred to ``Department of Energy--Energy Programs--
Nuclear Energy'', for the Advanced Test Reactor: Provided,
That of such amount, $50,500,000 shall be available until
September 30, 2021, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $425,000,000,
to remain available until September 30, 2021, including
official reception and representation expenses not to exceed
$17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, $5,993,650,000, to
remain available until expended: Provided, That of such
amount, $298,500,000 shall be available until September 30,
2021, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $901,261,000, to remain available until
expended: Provided, That of such amount, $324,798,000 shall
be available until September 30, 2021, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
the Steigerwald Floodplain Restoration Project and, in
addition, for official reception and representation expenses
in an amount not to exceed $5,000: Provided, That during
fiscal year 2020, no new direct loan obligations may be made:
Provided further, Expenditures from the Bonneville Power
Administration Fund, established pursuant to Public Law 93-
454 are authorized and approved, without fiscal year
limitation, for the cost of current and future year purchases
or payments of emissions expenses associated with Bonneville
Power Administration power and transmission operations in
states with clean energy programs: Provided further, This
expenditure authorization is limited solely to Bonneville
Power Administration's voluntary purchase or payments made in
conjunction with state clean energy programs and is not a
broader waiver of Bonneville Power Administration's sovereign
immunity.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, including transmission wheeling and
ancillary services, pursuant to section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $6,597,000, including official
reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944, up to $6,597,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020
appropriation estimated at not more than $0: Provided
further, That notwithstanding 31 U.S.C. 3302, up to
$56,000,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $47,775,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $37,375,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at
not more than $10,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $15,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including rescission of funds)
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $262,959,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $262,959,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $173,587,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at
not more than $89,372,000, of which $89,372,000 is derived
from the Reclamation Fund: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $168,000,000 collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses): Provided further, That of the
unobligated balances from prior year appropriations available
under this heading, $176,000 is hereby permanently cancelled.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$3,160,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $2,932,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at
not more than $228,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same
[[Page H4528]]
year that they are incurred: Provided further, That for
fiscal year 2020, the Administrator of the Western Area Power
Administration may accept up to $1,187,000 in funds
contributed by United States power customers of the Falcon
and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be
available for the purpose for which contributed in like
manner as if said sums had been specifically appropriated for
such purpose: Provided further, That any such funds shall be
available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United
States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining,
repairing, rehabilitating, replacing, or upgrading the
hydroelectric facilities at these Dams in accordance with
agreements reached between the Administrator, Commissioner,
and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception
and representation expenses not to exceed $3,000, and the
hire of passenger motor vehicles, $382,000,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $382,000,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2020 shall be retained and used
for expenses necessary in this account, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
revenues are 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.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity
or to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of both Houses of Congress at
least 3 full business days in advance, none of the funds made
available in this title may be used to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including
a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days
of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less
than $1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear
cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the report of the Committee on
Appropriations accompanying this Act.
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of
any proposed reprogramming that would cause any program,
project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial
risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3
days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under
paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence 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. 303. None of the funds made available in this title
shall be used for the construction of facilities classified
as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of
Enterprise Assessments to ensure the project is in compliance
with nuclear safety requirements.
Sec. 304. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 305. (a) None of the funds made available in this or
any prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new
contracts with, or new agreements for Federal assistance to,
the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in
subsection (a) if the Secretary determines that such activity
is in the national security interests of the United States.
This waiver authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective
until 15 days after the date on which the Secretary submits
to the Committees on Appropriations of both Houses of
Congress, in classified form if necessary, a report on the
justification for the waiver.
Sec. 306. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination
by the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope
and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such
shortage, and that a draw down and sale of refined petroleum
product would assist directly and significantly in reducing
the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the
Strategic Petroleum Reserve. Proceeds from a sale under this
section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247), and such amounts shall be
available for obligation, without fiscal year limitation,
consistent with that section.
Sec. 307. Of the offsetting collections, including
unobligated balances of such collections, in the ``Department
of Energy--Power Marketing Administration--Colorado River
Basins Power Marketing Fund, Western Area Power
Administration'', $21,400,000 shall be transferred to the
``Department of Interior--Bureau of Reclamation--Upper
Colorado River Basin Fund'' for the Bureau of Reclamation to
carry out environmental stewardship and endangered species
recovery efforts.
Sec. 308. Section 5(b) of Public Law 110-414 is amended by
adding after paragraph (2) the following new paragraph: ``(3)
MERCURY STORAGE REVOLVING FUND. There is hereby established
the Mercury Storage Revolving Fund which shall be available
without fiscal year limitation. Notwithstanding section 3302
of title 31, United States Code, receipts received from fees
described under this subsection shall be credited to this
account as offsetting collections, to be available for
carrying out the long-term management and storage of
elemental mercury generated within the United States without
further appropriation.''.
Sec. 309. During fiscal year 2020 and each fiscal year
thereafter, notwithstanding any provision of title 5, United
States Code, relating to classification or rates of pay, the
Southeastern Power Administration shall pay any power system
dispatcher employed by the Administration a rate of basic pay
and premium pay based on those prevailing for similar
occupations in the electric power industry. Basic pay and
premium pay may not be paid under this section to any
individual during a calendar year so as to result in a total
rate in excess of the rate of basic pay for level V of the
Executive Schedule (section 5316 of such title).
[[Page H4529]]
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by section 3109
of title 5, United States Code, and hire of passenger motor
vehicles, $170,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $31,000,000, to remain available until
September 30, 2021.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, $15,000,000, to remain
available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses,
$15,000,000, to remain available until expended,
notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds
shall be available for construction projects in an amount not
to exceed 80 percent of total project cost for distressed
communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law
105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities:
Provided further, That notwithstanding any other provision of
law regarding payment of a non-Federal share in connection
with a grant-in-aid program, amounts under this heading shall
be available for the payment of such a non-Federal share for
programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $22,000,000, to remain
available until expended: Provided, That such amounts shall
be available for administrative expenses, notwithstanding
section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $250,000, to remain
available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $885,236,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $9,500,000 may be made
available for salaries, travel, and other support costs for
the Office of the Commission, to remain available until
September 30, 2021, of which, notwithstanding section
201(a)(2)(c) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(2)(c)), the use and expenditure shall only be
approved by a majority vote of the Commission: Provided
further, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$757,589,000 in fiscal year 2020 shall be retained and used
for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That of the amounts
appropriated under this heading, not less than $15,478,000
shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies,
and $12,492,000 shall be for international activities, except
that the amounts provided under this proviso shall not be
derived from fee revenues, notwithstanding 42 U.S.C. 2214:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2020 so as to result in a final fiscal year 2020
appropriation estimated at not more than $127,647,000:
Provided further, That of the amounts appropriated under this
heading, $10,500,000 shall be for university research and
development in areas relevant to the Commission's mission,
and $5,500,000 shall be for a Nuclear Science and Engineering
Grant Program that will support multiyear projects that do
not align with programmatic missions but are critical to
maintaining the discipline of nuclear science and
engineering.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $13,314,000, to remain available until September 30,
2021: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $10,929,000 in fiscal year 2020 shall be
retained and be available until September 30, 2021, for
necessary salaries and expenses in this account,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2020 so as to result in a final fiscal year 2020
appropriation estimated at not more than $2,385,000:
Provided further, That of the amounts appropriated under this
heading, $1,171,000 shall be for Inspector General services
for the Defense Nuclear Facilities Safety Board, which shall
not be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,600,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2021.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal
Commission Procedures when responding to Congressional
requests for information, consistent with Department of
Justice guidance for all federal agencies.
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall
notify the Committees on Appropriations of both Houses of
Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program funding level to
increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this
Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but
not later than 3 days after the date of the activity to which
a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver
and changes to funding levels to programs, projects, or
activities.
(c) Except as provided in subsections (a), (b), and (d),
the amounts made available by this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be
expended as directed in the report of the Committee on
Appropriations accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or
activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. 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. 502. (a) None of the funds made available in title III
of 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 for any fiscal
year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any
authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to
another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
report of the Committee on Appropriations accompanying this
Act, or any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish
[[Page H4530]]
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. 505. 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. 506. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 116-83. 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.
This Act may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2020''.
The Acting CHAIR. No further amendment to the bill, as amended, shall
be in order except those printed in part B of House Report 116-109,
amendments en bloc, and pro forma amendments described in section 4 of
House Resolution 431.
Each further amendment printed in part B of the report shall be
considered only in the order printed in the report, may offered only by
a Member designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally divided and
controlled by the proponent and an opponent, shall not be subject to
amendment except as provided by section 4 of House Resolution 431, and
shall not be subject to a demand for division of the question.
Amendment No. 1 Offered by Mr. Cole
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in part B of House Report 116-109.
Mr. COLE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 116, lines 15 through 20, strike section 240.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Oklahoma (Mr. Cole) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oklahoma.
Mr. COLE. Mr. Chairman, I yield 2 minutes to the gentleman from
Tennessee (Mr. David P. Roe).
Mr. DAVID P. ROE of Tennessee. Mr. Chair, I strongly support this
amendment and the HHS conscience rule.
As a staunch pro-life OB/GYN physician who practiced for over 31
years and delivered nearly 5,000 babies, it sickens me to think that we
would force a healthcare provider to perform a procedure that violates
their conscience or religious beliefs.
Although it may come as a shock to some Democrats to learn that many
providers are pro-life and forcing them to choose between their
legitimate, sincerely-held beliefs and the law is wrong, removing this
rule can't force me or other healthcare providers to violate our
conscience.
This is a simple concept. Doctors and other healthcare professionals
should not be forced to perform or participate in abortions, assisted
suicide, or any other service that would violate their conscience.
Opponents of the HHS rule will tell you that the rule is about denial
of care. They will tell you that the rule is intended to allow
discrimination. There could be nothing further from the truth. The HHS
rule protects healthcare providers from discrimination if they choose
to act according to their conscience.
We have a First Amendment right to practice our religion in America,
and the government forcing someone to act in a way that violates those
beliefs is in direct opposition to the very foundation of our
Constitution.
This is not about forcing a medical provider's religious beliefs or
my beliefs on anyone. This is about not forcing a medical provider to
abandon their beliefs due to an arbitrary government action.
The HHS conscience rule is a moral rule, and I oppose efforts to
block its implementation in this appropriations bill. I encourage my
colleagues to support this amendment.
Mr. COLE. Mr. Chair, I reserve the balance of my time.
Ms. DeLAURO. Mr. Chairman, I claim time in opposition to the
amendment.
The Acting CHAIR. The gentlewoman from Connecticut is recognized for
5 minutes.
Ms. DeLAURO. Mr. Chair, I strongly oppose my colleague's amendment
that would allow the Department of Health and Human Services to use
funding in this bill to implement the Trump-Pence refusal of care rule.
Personal beliefs should never determine the type of healthcare an
individual receives. However, the administration's rule would
completely undermine patient protections by allowing hospitals,
doctors, nurses, and other individuals and institutions to deny a
patient standard medical care based on personal beliefs, not based on
what is best for the patient.
Current law already provides protections for hospitals and healthcare
workers to refuse to perform abortions, but the administration's rule
would expand Federal law to allow certain individuals and entities to
refuse care for any reason at all. That is why we added a provision to
the Labor-HHS-Education bill to block this unacceptable rule.
Let's be clear: Freedom of religion is important. It is already
protected by the First Amendment. However, this freedom does not give
anyone the right to impose their religious beliefs on others, to hurt
others, or to discriminate.
This rule has never been about religious liberty. It has been about
discriminating, shaming, and denying individuals the healthcare they
need.
Under this rule, we know women will be denied access to standard
medical care. We know hospitals have refused to treat or refer an
individual who needs an abortion.
Under this rule, we know a transgender individual can be denied
medical care. For women in rural communities, small towns, or in an
emergency situation, the hospital or pharmacy that says ``no'' means
these women will not get the care they need.
In this bill, we have made investments to right these wrongs, yet
this rule would completely undermine those efforts instead of
addressing real areas of concern.
{time} 1545
The Trump-Pence administration is completely obsessed with allowing
institutions and providers the license to put their religious doctrine
before an individual's health.
As stewards of taxpayer dollars, we cannot allow these dollars to be
used to deny medical care because of religious beliefs, nor can we
allow an individual to impose their religious beliefs on another
individual. That could lead to tremendous harm, including deaths.
Mr. Chair, I strongly oppose this amendment, and I reserve the
balance of my time.
Mr. COLE. Mr. Chairman, I yield 2 minutes to the gentleman from New
Jersey (Mr. Smith), my good friend, and the most distinguished defender
of life in this Chamber.
Mr. SMITH of New Jersey. Mr. Chair, I thank the gentleman very much
for his amendment and for yielding.
Mr. Chair, in 2009, Nurse Cathy DeCarlo was ordered at Mt. Sinai
Hospital in New York, to assist in the abortion of a 22-week-old unborn
child.
Under threat of being fired, she said the hospital ordered her to
assist in the ``bloody dismemberment of a baby,'' her words, ``and
accounting for the body parts afterward,'' which must be done during
these abortions.
She said this coercion caused her intense emotional pain and she has
had ``nightmares about babies crying in the dark . . .'' ever since.
She appealed to the HHS Office for Civil Rights, but her pleas to
enforce her civil rights fell on deaf ears.
No one, Mr. Chair, should ever be pressured or threatened or coerced
to perform or facilitate in the killing of a baby.
Abortion is not healthcare.
HHS recently promulgated an essential new regulation to enforce 25
congressionally-enacted conscience laws and provisions to protect
individuals, healthcare entities, and providers from discrimination.
H.R. 2740 stops this regulation by not allowing funds to be used to
implement it.
Let me point out that HHS points out that the rule will robustly
enforce investigations, supervising compliance, making enforcement
referrals when necessary to Justice, and remediate
[[Page H4531]]
the effects of discrimination in coordination with other funding
components in HHS, which may include withholding Federal funds as
appropriate.
We need to be serious about conscience rights.
We cannot coerce and tell someone like Cathy DeCarlo or nurses in my
State of New Jersey who are told, under condition of losing their jobs,
they had to assist in abortions.
Abortion takes the life of a baby. It includes dismemberment and
chemical poisoning.
And just think about this: my friends on the other side of the aisle
just simply refuse to acknowledge that there is a baby. And that baby
deserves respect and protection.
Mr. Chair, I urge my colleagues to vote for the Cole amendment.
Ms. DeLAURO. Mr. Chair, may I inquire how much time is remaining?
The Acting CHAIR. The gentlewoman has 2\1/2\ minutes remaining.
Ms. DeLAURO. Mr. Chair, I yield 1\1/2\ minutes to the gentlewoman
from California (Ms. Lee), a member of the Appropriations Subcommittee
on Labor, Health and Human Services, Education, and Related Agencies.
Ms. LEE of California. Mr. Chair, I rise in strong opposition to this
amendment.
First of all, this dangerous and discriminatory rule attempts to
enshrine discrimination in virtually all facets of healthcare by
granting new rights to those who believe that their personal and
religious beliefs should determine the care that a patient receives.
Under this rule, nearly anyone or any entity involved in a patient's
care, from a pharmacist, to a receptionist who schedules procedures, to
hospital room schedulers, can put their personal and religious beliefs
ahead of a patient's health.
This rule could mean that rape survivors, same-sex couples, women
with unintended pregnancies, those seeking life-saving abortions, and
transgender patients could all be refused medical care.
Mr. Chair, I have to tell a story. This reminds me of my late mother.
When my mother was pregnant and about to deliver me, she needed a
cesarean section. She was refused admittance into the hospital because
she was Black. She nearly died. I almost didn't make it here into this
world because of religious beliefs that it was okay to deny healthcare
to African Americans.
Mr. Chair, let's not go back there.
One's personal religious beliefs should never determine the care a
patient receives. Instead, hospitals, doctors, nurses, and other
individuals should be making decisions based on what is best for the
patient.
Mr. Chair, yes, we know that it is those who need care the most that
will be disproportionally impacted, like patients of color, low-income
patients, and the LGBTQ community.
Mr. Chair, I urge defeat of this amendment. It is discriminatory, it
is dangerous. Let's not go back to the days of discrimination. It is
un-American.
Ms. DeLAURO. Mr. Chair, I yield the balance of my time to the
gentlewoman from Florida (Ms. Frankel).
Ms. FRANKEL. Mr. Chair, I oppose this very cruel amendment which
supports the Trump administration's rule that allows virtually any
individual or entity involved in a patient's care, from a hospital's
board of directors to a receptionist that schedules procedures, to put
personal beliefs ahead of a patient's health.
This antiabortion obsession has gone to the ridiculousness.
Under this Trump rule, a pharmacist could refuse to fill a
prescription for birth control, a receptionist could refuse to schedule
an abortion for a child rape victim, an ambulance driver could refuse
to take a patient suffering from miscarriage to the hospital, all based
upon their personal beliefs, not the patient's welfare.
Mr. Chair, this rule is dangerous. The amendment is dangerous. It
should be killed before it kills us.
Ms. DeLAURO. Mr. Chair, I yield back the balance of my time.
Mr. COLE. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, the bill as reported out of the full Appropriations
Committee contains a poison pill which my amendment seeks to remove.
The rider of the underlying bill blocks the exercise of civil rights
of all Americans.
Last month, the Department of Health and Human Services issued a rule
which gives the Office for Civil Rights the tools it needs to
investigate discrimination and enforce the laws as written.
The new rule protects physicians, pharmacists, nurses, teachers,
students, and faith-based charities, who do not wish to provide,
participate in, pay for, provide coverage for, or refer to services
such as abortion, sterilization, or assisted suicide.
The Labor-HHS bill will never become law if this language remains in
it.
Mr. Chair, I ask my colleagues to support this amendment, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oklahoma (Mr. Cole).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. COLE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oklahoma
will be postponed.
Amendment No. 2 Offered by Mr. McGovern
The Acting CHAIR. It is now in order to consider amendment No. 2
printed in part B of House Report 116-109.
Mr. McGOVERN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 88, line 1, insert ``, including medically-tailored
meals'' after ``nutrition''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Massachusetts (Mr. McGovern) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. McGOVERN. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, I rise in support of my amendment to H.R. 2740, which
will ensure that seniors have access to medically-tailored meals, a
proven intervention that improves health and drives down costs.
Two of the most difficult issues to combat in healthcare are, one,
managing chronic diseases like heart disease and diabetes; and, two,
addressing social determinates of health like hunger and poverty.
The statistics are shocking. Eighty percent of older Americans have
at least one chronic disease, 77 percent have at least two chronic
diseases, and 5 million seniors in our country face hunger.
That is where medically-tailored meals come in.
These meals are customized to address a person's specific healthcare
needs. Think of a heart-healthy meal for a heart disease patient or a
low-sugar one for a diabetic.
These meals not only help reduce the reliance on costly
pharmaceuticals, they can help lower overall healthcare costs, improve
health, and alleviate hunger.
Take a study done by the Massachusetts Commonwealth Care Alliance,
which showed that people receiving medically-tailored home-delivered
meals had fewer ER visits and fewer hospital readmissions.
That saves the consumer on copays and out-of-pocket costs. It saves
the hospital and insurance provider, like Medicare, even more on
needless emergency room visits and costly hospital stays.
My amendment does a very simple thing: it will ensure that the
Administration for Community Living, which oversees senior nutrition
programing, funds programs for medically-tailored meal delivery.
Mr. Chairman, medically-tailored meals improve health outcomes, they
lower costs, and they are just smart policy. I encourage my colleagues
to vote ``yes''.
Mr. Chair, I yield 2 minutes to the gentlewoman from Maine (Ms.
Pingree), who has been a leader on this and so many other issues
regarding food and nutrition.
Ms. PINGREE. Mr. Chair, I thank my colleague and friend, Chairman
McGovern, for yielding me this time.
Mr. Chair, I rise to support Chairman McGovern's amendment.
[[Page H4532]]
As members of the Food is Medicine working group, one of our
priorities has been highlighting the benefits of medically-tailored
meals.
Many of us know the importance of a nutritious, balanced diet, but we
also know that many face significant hurdles in finding, buying, and
preparing healthy food.
For people with chronic and acute disease, these challenges can lead
to major health complications and major hospital bills. That is where
medically-tailored meals come in.
Study after study show that participants with access to medically-
tailored meal programs had fewer hospital inpatient admissions and
fewer emergency department visits.
That is a big potential cost savings for programs like Medicare and
Medicaid, but more importantly, it is a critical tool for keeping
vulnerable Americans, like our seniors, healthy and independent, which
is exactly in line with the goals of the Older Americans Act.
The gentleman's amendment would allow more seniors to access
medically-tailored meals through OAA programs. I think this is an
important step towards strengthening health outcomes and quality of
life, and I urge its passage.
Mr. McGOVERN. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman has 2 minutes remaining.
Mr. McGOVERN. Mr. Chair, I yield myself the balance of my time.
Mr. Chairman, as the gentlewoman from Maine stated, I cochair the
Food is Medicine working group, along with Ms. Pingree, who is on it,
and my colleague from Kansas, Roger Marshall, and I want to thank them
for their work on these issues. I also want to thank Katie Porter, who
is also a cosponsor of this amendment.
The bottom line is this is common sense.
Mr. Chair, I want to also acknowledge the great work being done on
this issue at the Center for Health Law and Policy Innovation at
Harvard Law School and the Friedman School of Nutrition at Tufts.
Mr. Chair, I want to acknowledge groups like Community Servings,
which is in my district, which administers medically-tailored meals, as
well as Food & Friends here in Washington, D.C., and the Food is
Medicine Coalition.
The bottom line is this not only is good for patients and can help
improve healthcare outcomes for individuals and in some cases literally
save lives, but it also will save a boatload of money.
As I mentioned earlier, when you are readmitted to a hospital
prematurely, that hospital gets punished, the insurance company has to
kick in again, you have to pay more out-of-pocket expenses.
Mr. Chair, we can do this better. We need to think differently about
how we approach healthcare. This is one way to do it.
Mr. Chair, again, I urge everybody to support this amendment. I hope
it receives broad bipartisan support.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. McGovern).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from
Massachusetts will be postponed.
{time} 1600
Amendment No. 3 Offered by Mr. Raskin
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part B of House Report 116-109.
Mr. RASKIN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 63, line 13, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 134, line 20, after the dollar amount, insert
``(reduced by $5,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Maryland (Mr. Raskin) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. RASKIN. Mr. Chair, I rise today to offer an amendment to H.R.
2740 to increase funding for the National Institutes of Health, located
in Bethesda, Maryland. It would provide a modest $5 million increase to
NIH's building and facilities account.
Mr. Chair, this amendment would increase funding for the NIH, which
is proudly housed in the Eighth Congressional District of Maryland, and
it would constitute a $5 million increase to the NIH building and
facilities account to begin to address an estimated $2 billion backlog
in maintenance and repairs.
I yield 1 minute to the gentlewoman from Connecticut (Ms. DeLauro),
the distinguished chair of the Labor, Health and Human Services,
Education, and Related Agencies Subcommittee of the Appropriations
Committee.
Ms. DeLAURO. Mr. Chair, I thank the gentleman for his amendment.
Researchers on the campuses of the National Institutes of Health
conduct groundbreaking, lifesaving research on diseases and disorders
that affect individuals and families across the Nation. These
researchers need state-of-the-art facilities and equipment to conduct
this research, which is why I was proud to provide an increase in
funding for NIH facility maintenance and construction in fiscal year
2019 in the appropriations bill.
This year's bill maintains that level of support and allows NIH to
make progress in reducing its backlog of facilities projects. I share
the gentleman's concern about this issue. I look forward to working
with him in the future to address NIH's facility construction and
maintenance needs.
Mr. RASKIN. Mr. Chair, the NIH, of course, is a national treasure,
which sets the standard for cutting-edge biomedical research in our
country. Its breakthroughs have saved the lives of countless Americans
and remains a source of hope for millions more across the country.
While the NIH does, indeed, under this bill, receive the necessary
funding increase for scientific research and medical treatments, NIH's
buildings, the places where the scientists conduct their research and
where medical professionals provide patients with their treatments,
have fallen into alarming and embarrassing disrepair and decay.
There have been significant issues with flooding, broken fire
sprinklers, deteriorating plumbing systems, and massive water pipe
ruptures. A steam pipe leak flooded a basement where expensive
equipment is stored.
Last year, a clinic was evacuated when antifreeze began leaking from
the ceiling. A corroded pipe had caused a flood of glycol--that is
antifreeze--in the mechanical room, which can be seen in chart one. And
in chart two, this is the flood that resulted from the gushing from the
ceiling into the clinic below. This presented a very dangerous
situation.
So when I say that the NIH desperately needs funding for maintenance
and repairs, we are not talking about minor aesthetic quibbles; we are
talking about very serious structural renovations that are needed. $5
million is just a drop in the bucket in terms of what NIH actually
needs, but we have to start somewhere.
Having spoken with Ms. DeLauro, I will actually withdraw the
amendment. I understand that we are able to receive consideration from
the subcommittee. I want to thank her very much for her willingness to
work with us.
Mr. Chair, I yield back the balance of my time, and I withdraw the
amendment.
The Acting CHAIR (Mr. Espaillat). The amendment is withdrawn.
Amendment No. 4 Offered by Ms. Shalala
The Acting CHAIR. It is now in order to consider amendment No. 4
printed in part B of House Report 116-109.
Ms. SHALALA. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 77, line 17, after the dollar amount, insert
``(increased by $10,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
[[Page H4533]]
from Florida (Ms. Shalala) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. SHALALA. Mr. Chair, last week The Washington Post reported that
the administration is canceling English classes, recreational programs,
and legal aid for unaccompanied minors in migrant shelters.
The largest of these shelters, the Homestead detention facility, is
in my district's backyard. The children housed at the Homestead
facility are between the ages of 13 and 17. Despite their youth, they
have already faced unfathomable hardship, including poverty and
violence in their home countries and the journey they have made to
ours.
But because of our anti-immigrant, antichild policies, their hardship
doesn't end at our border. These children are taken to detention
facilities like the one at Homestead, which currently houses 2,350
kids.
I have seen the prison-like conditions in which they are kept. In
fact, if they were in our Federal prisons, they would be better
treated.
In our Federal prisons murderers have 30-minute meals, but at these
facilities for children, the kids have only 15 minutes to eat their
meals.
Federal prisoners are entitled to 300 minutes of phone calls per
month, while these children have only 80 minutes a month to call their
families.
They are closely monitored, unable to leave the compound, kept in
military camp-like rooms with up to 150 kids per room. We do not have a
Federal prison in this country which houses 150 persons in one room.
They are barred from even hugging their friends or siblings. Some of
these kids have been forcefully separated from their parents without
explanation.
And what is more, the Homestead facility is for profit. We are
letting a private company make money off of these children's tears.
Now, without classes, recreational programs, or even legal aid, these
kids are on their own in every way imaginable. This is utterly un-
American. The canceling of classes, programs, and legal aid for these
kids is only the latest step in this administration's anti-immigrant
agenda.
We have a moral obligation to treat these children like we would
treat our own, and that means providing them with the support they need
during and after their detention.
I have introduced an amendment to the appropriations bill, H.R. 2740,
that will increase funding for legal services, child advocates, and
post-release services by $10 million. These are basic services that the
administration is legally obligated to provide to unaccompanied
children who are detained in these shelters. Our laws require us to do
so.
Our budget must be smart; it must be careful; and it must be
compassionate. We have a chance to show that there is no excuse for the
mistreatment of our most vulnerable children. I urge my colleagues to
support my amendment to this appropriations bill. These children are
our collective responsibility, and they deserve better.
Mr. Chair, I reserve the balance of my time.
Announcement by the Acting Chair
The Acting CHAIR. The Chair will remind all persons in the gallery
that they are here as guests of the House and that any manifestation of
approval or disapproval of proceedings is in violation of the rules of
the House.
Ms. SHALALA. Mr. Chair, I yield 1 minute to the gentlewoman from
California (Ms. Lee).
Ms. LEE of California. Mr. Chair, I rise in strong support of my
friend from Florida's amendment to increase funding for legal services,
child advocates, and post-release services in the Office of Refugee
Resettlement Unaccompanied Alien Children's Program, and I thank the
Congresswoman so much for introducing this amendment. That is why the
underlying bill under consideration today set aside a minimum of $190
million for these activities. Legal services need to be a priority for
these children.
Studies have demonstrated that when a child has access to legal
representation, the in absentia rate drops to 5 percent. Released
children with attorneys show up to court and continue to show up to
court until case completion in 95 percent of the cases.
Child advocates support the most vulnerable of children who are in
ORR's care. There were 15,000 tender-age children, children under the
age of 12, in ORR's care last year. This year, more than 11,000
children have been transferred to HHS care, through April, and again,
that is only for children ages zero to 12.
Legal services, child advocates, and post-release services cannot be
considered optional, and we should not fund them as if they are. So I
thank the gentlewoman, and I urge an ``aye'' vote.
Ms. SHALALA. Mr. Chair, I yield 1 minute to the gentleman from
California (Mr. Peters).
Mr. PETERS. Mr. Chair, I thank Congresswoman Shalala for her work and
this timely amendment to add $10 million for critical services for
children for things like legal services, child advocates, counseling,
and mental health services.
There is a humanitarian catastrophe at the border today. In San
Diego, we see the kids and families who have traveled a long and
treacherous path, but when they arrive, they are met with inhumane
living conditions. ICE and CBP facilities are overcrowded, and it
hardly gets better once the families are released.
Refugee resettlement agencies and the local governments have been the
primary providers of these support services. The influx of families
have left shelters overburdened and community resources strained.
The San Diego community has stepped up to meet this need when the
administration has not, but these extra funds will protect families and
ensure that all who claim asylum get the due process they are
guaranteed under international law.
Mr. Chair, I urge my colleagues to support this amendment.
Ms. SHALALA. Mr. Chair, let me just remind everyone that these
children are our collective responsibility. They deserve better, and I
urge my colleagues to support my amendment to this appropriations bill.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Shalala).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Florida
will be postponed.
Amendment No. 5 Offered by Mr. DeSaulnier
The Acting CHAIR. It is now in order to consider amendment No. 5
printed in part B of House Report 116-109.
Mr. DeSAULNIER. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 27, line 20, after the dollar amount, insert ``reduced
by $1,000,000''.
Page 27, line 20, after the dollar amount, insert
``increased by $1,000,000''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from California (Mr. DeSaulnier) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from California.
Mr. DeSAULNIER. Mr. Chair, our economy and our Nation's workforce are
at a critical juncture. The introduction of new technology and easier
flow of people and information from one location to another have
transformed our economy and our workforce in ways that were
unpredictable and have created both benefits and risks. We need to be
careful, however, that we are not leaving Americans behind.
Several years ago, I worked with a number of colleagues to go across
the country to ask researchers and have townhalls in communities, from
California to New Jersey, what the effect on technology, in particular,
and what the future of work wages in the labor movement would be as our
work transforms.
One common theme that we heard over and over again across the
country--whether it was California, Wisconsin, Michigan, New Jersey, or
Massachusetts--was the impact that technology is having on jobs, both
good and bad, and potentially having both enormous benefit and risk.
[[Page H4534]]
Technology can be a huge benefit to workers and communities alike,
but it also has the potential to displace or eliminate jobs. California
labor unions have an impressive past of partnering with industry to
ensure that any disruption to the workforce, like technology, is done
in coordination with and in consultation with workers.
One major problem we face when trying to assess whether automation
will be good or bad for our workforce is a lack of data. This amendment
simply encourages the Bureau of Labor Statistics to start collecting
this important data on the impact that technology is having on our
workforce. We can use this data to inform policymaking to fight for
workers and the U.S. economy and create programs and policies that will
support job creation, retention, and the continued growth to our
economy, but for everyone to benefit.
Similarly, this amendment would allow for data collection on mass
layoffs. We often hear arguments that blame major job losses on
regulations, trade decisions, and other unsubstantiated claims.
{time} 1615
With this data that we are asking for, we will be able to collect and
be able to clearly and honestly evaluate the effects of mass layoffs
and how we can avoid them, or at least how we can help the workers who
are affected.
The common theme for this amendment is workforce protection. It is
something we agree about on both sides, I believe. We want to create
and promote good-paying jobs for Americans and protect those jobs that
can be and should be protected.
U.S. workers deserve our best efforts to create policy that is in
their best interest. This amendment would help give us the data to do
just that, and at no extra cost.
Mr. Chairman, I yield 1 minute to the gentlewoman from California
(Ms. Lee), my friend and colleague.
Ms. LEE of California. Mr. Chairman, let me thank my colleague and
friend from northern California, next door to my district, for offering
this amendment and for his tremendous leadership on so many issues
relating to our working men and women.
Mr. Chairman, I am concerned that a decade of flat funding has left
BLS in critical condition, which is why the underlying bill increases
funding for BLS by $61 million over the 2019 enacted level. This
investment will make up for the loss of purchasing power and help BLS
take full advantage of advances in statistical methods to promote the
high-quality statistics required for a thriving 21st century economy.
Expanded capacity will allow BLS to better examine critical issues such
as job loss due to automation, job loss due to contracting, and mass
layoffs.
Mr. Chairman, I appreciate this amendment. It has drawn more
attention to the importance of BLS, and I am happy to support it.
Mr. DeSAULNIER. Mr. Chairman, I ask for the House's support. I think
it has been said over and over again that information is power. In this
instance, this gives us the power to protect and anticipate challenges
to the American workforce.
Mr. Chairman, I respectfully ask for support for this amendment, and
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. DeSaulnier).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 6 Offered by Mr. DeSaulnier
The Acting CHAIR. It is now in order to consider amendment No. 6
printed in part B of House Report 116-109.
Mr. DeSAULNIER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 57, line 7, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 57, line 7, after the dollar amount, insert
``(increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from California (Mr. DeSaulnier) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from California.
Mr. DeSAULNIER. Mr. Chairman, the bill before us today goes a long
way to improving the health of our country. I thank the chairwoman for
her leadership and dedication to the health and well-being of all
Americans.
I am particularly pleased to see over $6 billion in funding for the
National Cancer Institute. As we all know, probably too well, cancer
affects all of us in some way. All of us have a family member, a
friend, or a neighbor who has had to go through the challenge of being
told they have cancer.
Nearly 1.8 million Americans will be diagnosed with cancer in 2019.
With recent advancements, however, there has never been a better time
in history to go through treatment if one has to be diagnosed with
cancer.
New treatments with ever-greater outcomes are being developed
constantly, many of them at NCI. The research done at NCI contributes
to saving countless lives each year and helps keep millions more
healthy, including myself as a cancer survivor of a form of leukemia
that, while not curable, is manageable.
Because of the groundbreaking research done at and funded by NCI, by
2016 there were over 15.5 million cancer survivors in the United States
alone. By 2026, this number will go over 20 million survivors. However,
despite the high quality of care, many patients lack the information
they need to understand their treatment and be full participants in
their care.
As a cancer survivor, I am all too familiar with the uncertainty that
follows the words, ``you have cancer.'' Doctors and health
professionals start talking at you, using terms you have never heard,
all of which matter, but little of which you understand. Research tells
us that when someone is told, and family members are told that a family
member has cancer, they only retain one in four words.
While more than two-thirds of patients surveyed are satisfied with
the care they receive, the vast majority lack knowledge about
treatment, options, and details. In fact, a recent study by NIH states
that only 45 percent of patients reported being adequately informed
about their diagnoses when told they have cancer by their physicians.
In a study in 2016, the Journal of Clinical Oncology stated that 38
percent of patients could never even remember talking with their doctor
about life expectancy.
Cancer treatment is complicated, and I can tell you it is emotional
for the people who are being treated, for their family, and for their
loved ones. Yet 73 percent of patients do not search for additional
information about their diagnoses. That is why it is so important that
cancer care providers communicate clearly and often with patients and
survivors.
This amendment will set aside $1 million for NCI to perform a study
on how to use best practices to improve communications between cancer
care providers and patients and survivors. When people have the
information they need, they can more successfully navigate treatment
and life as a survivor.
A cancer diagnosis will always come with uncertainty, but providers
can and must do more to communicate clearly to help patients, their
families and friends, and survivors to fully understand their
diagnosis, their treatment, and their lifelong care expectations. It
will allow patients to do what patients should do: fight cancer.
I thank the cosponsors of my amendment, Congressman Buddy Carter from
Georgia, who is also the co-chair of the Cancer Survivors Caucus with
myself, and Congressman Jamie Raskin, who is a member, for coauthoring
this amendment.
Mr. Chairman, I yield 1 minute to the gentlewoman from California
(Ms. Lee), my friend and my neighbor.
Ms. LEE of California. Mr. Chairman, I thank the gentleman for
yielding.
Mr. Chairman, I rise in strong support of this amendment.
Lack of communication can lead to barriers, it can prevent survivors
from restoring their quality of life, and really prevents patients,
survivors, from understanding all of their options and
[[Page H4535]]
their course of treatment so that they, too, can stand here with us.
I thank my colleague for sharing his personal story to make sure that
others understand what is necessary and using his experiences to help
others.
The committee recognizes the leadership of the National Cancer
Institute's Office of Cancer Survivorship. The report encourages the
office to expand its focus, in particular, on the needs of childhood
cancer survivors.
Mr. Chairman, I urge my colleagues to vote ``yes.'' This is so
important to reduce the barriers to care.
Mr. DeSAULNIER. Mr. Chairman, I urge the passage of this amendment,
and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. DeSaulnier).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 7 Offered by Mr. DeSaulnier
The Acting CHAIR. It is now in order to consider amendment No. 7
printed in part B of House Report 116-109.
Mr. DeSAULNIER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 121, line 10, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 121, line 10, after the dollar amount, insert
``(increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from California (Mr. DeSaulnier) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from California.
Mr. DeSAULNIER. Mr. Chairman, I am grateful for the support in this
bill for the Statewide Family Engagement Center Program, and I also
thank the chair of this subcommittee for supporting the program.
This is an extremely valuable program that facilitates meaningful
family engagement for States, school districts, schools, and parents to
foster positive school environments and improved academic achievement.
Specifically, grantees are nonprofits that carry out parent education
and provide comprehensive training and technical assistance to schools
to support family-school partnerships.
Research is clear that the more involved families are in a student's
education, the better the student performs. If a parent understands the
value of the curriculum, develops relationships with teachers and
administrators at their child's school, and feels involved in the local
community as a result, the student reaps the benefits.
I was proud that a bipartisan provision I authored with Congressman
G.T. Thompson led to the creation of Statewide Family Engagement
Centers.
Unfortunately, due to an administrative oversight at the Department
of Education, a $1 million shortfall for financial year 2019 has been
created in this program. If it is not fixed, current grantees will have
to cut their budgets by 9 percent.
This shortfall will mean the 11 centers will have to cut staff or
reduce services. This will reduce the number of families, States,
schools, and school districts that these centers can serve in the 12
States across the country that have grantees.
My amendment would make these deserving grantees whole and ensure
that students and their families continue to receive the services they
deserve to help students thrive in and out of school.
This amendment truly is an easy fix to an unintended problem created
by a simple oversight. It is a commonsense amendment.
I thank my friend, Mr. Thompson, for working with us on this, and for
his support for this amendment and the program.
Mr. Chairman, I urge my colleagues to support the amendment, and I
reserve the balance of my time.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I claim the time in
opposition, although I am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I thank my good friend
from California for being such a tremendous champion for this important
program and a great partner to work with.
Mr. Chairman, the Statewide Family Engagement Center Program provides
much-needed technical assistance and partnership development to States
and school districts to foster meaningful engagement with families to
further their children's academic and developmental progress.
Research has shown that family engagement in a child's education
increases student achievement, improves attendance, reduces the dropout
rate, and advances the emotional and physical well-being of children.
Unfortunately, due to our Department of Education grant reviewer
error, a $1 million shortfall for fiscal year 2019 has been created in
this program. If this shortfall, this error, is not filled, corrected,
a 9 percent cut in the grants of 11 centers serving 11 States will take
effect. This means that 11 centers will have to cut staff or reduce
services, including those who work closely with parents.
While I was extremely pleased to see an increase in funding in this
program in fiscal year 2020, we must ensure these centers receive the
funding they deserve.
Our amendment would resolve this shortfall by designating $1 million
of the $5 million increase under this bill to ensure the current
grantees are made whole and can continue to provide the needed services
and supports to families in their States.
Mr. Chairman, I urge my fellow colleagues to vote in support of this
amendment, and I yield back the balance of my time.
{time} 1630
Mr. DeSAULNIER. Mr. Chairman, I yield 1 minute to the gentlewoman
from California (Ms. Lee).
Ms. LEE of California. Mr. Chairman, I rise in support of this
amendment and Statewide Family Engagement Centers. I thank the
gentleman for offering it.
This vital program helps States and school districts implement
evidence-based family engagement strategies that promote student
success, including programs that engage diverse families and
interventions that address specific parent needs. To expand these
proven practices, the underlying bill increases the program by $5
million over the 2019 enacted level.
However, I am aware of and concerned by reports that a processing
error by the Department of Education will cause reduced awards for
existing grantees, and I hope to work with my colleagues in the Senate
to address this problem.
So I appreciate that the amendment is drawing attention to the
importance of this program and this issue, and I am very happy to
support it.
Mr. DeSAULNIER. Mr. Chair, I just want to thank my colleague from
northern California, and I want to thank my colleague from
Pennsylvania. It has been a pleasure working with them when I was in
the minority, and it is a pleasure working with them in the majority.
This really should be nonpartisan, bipartisan. It creates a real
vehicle to improve the quality of life for children and families and
schools, and I would urge support for the amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. DeSaulnier).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 8 Offered by Mr. DeSaulnier
The Acting CHAIR. It is now in order to consider amendment No. 8
printed in part B of House Report 116-109.
[[Page H4536]]
Mr. DeSAULNIER. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 64, line 18, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from California (Mr. DeSaulnier) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from California.
Mr. DeSAULNIER. Mr. Chair, the bill before us today goes a long way
toward improving the health of our country. I commend the distinguished
chairwoman, once again, for her tireless leadership for the health and
well-being of all Americans.
One particular area where increased investments have been made in
this bill is mental health. I could not agree more on the importance of
addressing this vital component to a person's well-being.
Mr. Chairman, at a time in our history where we are having
transformative interventions and innovation in discoveries when it
comes to mental health, we have a challenge to provide more
infrastructure and more resources. I have been told that we have 75
percent more requests for services in behavioral health since the ACA
was passed with parity in it, but a 25 percent decrease in the number
of young people going into professions.
So we clearly need to do more when it comes to mental health, and
there is no place better to do more than with young people, to get them
involved in understanding that there isn't a stigma, that, like cancer,
behavioral health and mental health should be addressed with evidence-
based research, and if people seek that kind of treatment, they will be
able to live full and successful lives and will get away from
generations of stigma against people who have legitimate behavioral
health issues that can be treated just as medical treatments can.
According to the National Alliance on Mental Illness, approximately
one in five adults in the United States--almost 50 million Americans--
experience mental illness in a given year. Millions of children also
suffer every year from traumatic experience and mental illness.
Mr. Chair, approximately one in five young people age 13 to 18--more
than 21 percent--experience a severe mental disorder; 13 percent of
children age 8 to 15 experience a severe mental disorder at some point
in that timeframe; yet only about 50 percent of children with mental
health conditions receive the services they need.
Children who get the treatment and support they need can learn to
successfully control their symptoms, perform better in school, and have
better social and emotional outcomes throughout their lives.
When children go without treatment and support, their symptoms can
become harder to control as they grow older. In fact, adults who do not
get proper treatment as children face an increased risk of having other
chronic conditions and die, on average, 25 years earlier than others
from preventable causes--25 years because they are not getting the
treatment they need.
That is why it is so important that we address mental illness at a
young age. Children and their families must know that it is okay to ask
for help and should be taught where to look.
My amendment would improve access to mental health support for
children in a school-based environment to meet students' needs onsite.
This funding will help children who might not otherwise get mental
healthcare get the support they need in a setting they know and trust.
NIH research shows that children promoted to the next grade increases
by almost 13 percent and the average number of days children are
suspended decreases significantly as children participate in mental
health services offered at their schools.
Our teachers are already underpaid and overworked, and many teachers
report that they are the first and only support children receive for
their mental and behavioral health problems. By increasing services to
students directly in schools, we can help reduce the mental healthcare
crisis and decrease the stigma at the same time.
I urge passage of this amendment.
Mr. Chair, I yield 1 minute to the gentlewoman from California (Ms.
Lee), my friend and colleague.
Ms. LEE of California. Mr. Chair, I thank the gentleman for yielding
and say, once again, that I rise in strong support of this amendment.
In any given year, the percentage of young people with mental,
emotional, and behavioral disorders is estimated to be between 14 and
20 percent.
These disorders among young people interfere with their ability to
accomplish developmental tasks, such as healthy interpersonal
relationships, succeeding in school, and, ultimately, transitioning
into the workforce. Also, early signs of difficulties can help prevent
violent outbreaks at school.
Now, as a clinical social worker by profession and chair of the
Social Work Caucus here in the House of Representatives, I know the
importance of addressing the mental health needs of our children where
they are, and that is at school.
I am proud that the underlying bill that we are considering includes
an increase of $13 million for Project AWARE, which supports mental
health strategies in schools.
School-based mental health needs, including training for school
personnel to recognize the signs and symptoms of mental health issues,
are critically important to identifying and referring children to
services.
Mr. Chair, I again thank Congressman DeSaulnier and urge my
colleagues to vote ``yes'' on this amendment.
Mr. DeSAULNIER. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. DeSaulnier).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 9 Offered by Mrs. Roby
The Acting CHAIR. It is now in order to consider amendment No. 9
printed in part B of House Report 116-109.
Mrs. ROBY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 49, line 1, strike the first proviso.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from Alabama (Mrs. Roby) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Alabama.
Mrs. ROBY. Mr. Chairman, I rise today to offer a commonsense
amendment that will allow the courts, rather than the majority in the
House, to decide the fate of a proposed rule set forth by the
Department of Health and Human Services.
In February of this year, HHS issued a new rule that would restrict
Title X family planning grants from going to entities that are not
physically and financially separated from abortion providers. But a
series of court injunctions have frozen these new rule changes and, as
a result, hundreds of Planned Parenthood facilities nationwide are
still receiving Federal tax dollars.
Americans have made it clear time and time again that they don't want
their tax dollars paying for abortions.
This rule, which prevents any tax dollars from going to any abortion-
providing facility, is going through the constitutional challenges of
our judicial process. Unfortunately, lawmakers here in the House have
chosen to tie the hands of HHS through legislation by effectively
stating that the HHS Secretary may only act in accordance of
``regulations and instructions'' established before January 18, 2017,
just 2 days before Donald Trump became President.
My amendment would strike that provision, allowing the U.S. courts to
decide if HHS' proposed rule should stand.
We cannot handcuff the current administration to regulations of past
administrations, and I ask my colleagues to support my amendment.
Mr. Chair, I reserve the balance of my time.
[[Page H4537]]
Ms. DeLAURO. Mr. Chair, I claim the time in opposition.
The Acting CHAIR. The gentlewoman from Connecticut is recognized for
5 minutes.
Ms. DeLAURO. Mr. Chair, this bill includes a provision prohibiting
the implementation of the administration's damaging new rule for the
Title X Family Planning program. It is often referred to as the
domestic gag rule. The administration's domestic gag rule is an
ideological assault on family planning services.
The Title X Family Planning program is the only Federal program that
provides quality, affordable, comprehensive, preventive, and
reproductive healthcare services in every single State. Title X clinics
serve more than 4 million women and men each year at 4,000 health
clinics across every State.
Over two-thirds of the patients who seek care at Title X clinics are
in a household that is at or below the poverty level. Many of these
patients are uninsured or underinsured.
To be clear, the Title X program does not provide funding for
abortions, despite what the others may be saying. However, the proposed
rule would make clinics that use non-Federal funding to provide
abortions or even referrals for abortions ineligible for funding.
The proposed rule also eliminates the requirement that grantees
provide nondirective pregnancy options counseling. That means grantees
can simply refuse to offer complete and accurate information to
patients.
The rule also allows grantees to refuse to give referrals to patients
or even give misleading information to patients when they request a
referral.
When patients can no longer rely on their healthcare provider to
share full and accurate information with them or to refer them to other
care when necessary or when they request it, then the provider-patient
relationship has been broken.
We need to trust women. We need to respect women to make choices that
are best for themselves and for their families, and we must support
providers to offer medically accurate information to patients.
This bill's provision to block the domestic gag rule is critical to
maintaining support for healthcare providers offering evidence-based
preventive and reproductive healthcare across the country.
Mr. Chair, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mrs. ROBY. Mr. Chair, I reserve the balance of my time.
Ms. DeLAURO. Mr. Chair, may I inquire as to how much time I have
remaining.
The Acting CHAIR. The gentlewoman from Connecticut has 2\3/4\ minutes
remaining.
Ms. DeLAURO. Mr. Chair, I yield 1\1/2\ minutes to the gentlewoman
from Florida (Ms. Frankel).
Ms. FRANKEL. Mr. Chair, my, my, my, here we go again, the anti-
abortion obsession turned into more cruel ridiculousness.
How interesting that my Republican colleagues, whose motto is ``less
government,'' try at every opportunity to interfere with a woman's most
personal decision whether or not to bring a child into the world.
But this amendment does more than that. It is aimed at eviscerating
Planned Parenthood and like clinics, cutting off access to
contraception and lifesaving healthcare to millions of Americans.
Women and the people they trust--not politicians--must be in charge
of women's reproductive destinies, which means that women must have
access to full healthcare, because we will not go back to the days of
coat hanger medicine.
Mr. Chair, I urge my colleagues to defeat this very, very bad, bad,
bad, bad, very bad amendment.
{time} 1645
Ms. DeLAURO. Mr. Chair, let me just repeat: Over two-thirds of the
patients who seek care at Title X clinics are in a household that is at
or below the poverty level. Many of these patients are uninsured and
underinsured.
We are looking at the opportunity for healthcare screenings in 4,000
clinics around this country, which is what we want to do. That is not
happening because of some ideological assault on family planning,
again, someone's personal beliefs being foisted on millions of people
around the country. That is not the job we came here to do.
Our job is to be able to have people get the kinds of services that
they need, to be told where they can go to get those services, to make
the referrals on healthcare that they need. This is not one's own
personal view of what someone else's healthcare needs are.
Fundamentally, at the root of all of this is a distrust and a lack of
respect for the decisions that women make on behalf of themselves and
their families.
Let's trust women. They know what is good for themselves and their
families, not 435 people who sit in this body who have their own
personal religious beliefs.
Mr. Chair, I yield back the balance of my time.
Mrs. ROBY. Mr. Chair, I have no other speakers, and I am prepared to
close.
I am unapologetically pro-life, and I will continue to use this
platform and every opportunity it provides to stand up for those who
cannot defend themselves.
Congress must ensure that our constituents' tax dollars are not being
used to end innocent lives. This is our enduring responsibility.
Mr. Chair, I ask my colleagues to please support this amendment, and
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Alabama (Mrs. Roby).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mrs. ROBY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Alabama
will be postponed.
Amendment No. 10 Offered by Ms. Waters
The Acting CHAIR. It is now in order to consider amendment No. 10
printed in part B of House Report 116-109.
Ms. WATERS. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 81, line 9, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 81, line 9, after the dollar amount, insert
``(increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from California (Ms. Waters) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Ms. WATERS. Mr. Chair, my amendment simply removes $1 million from
the Administration for Children and Families programs account, but it
replaces it back in the very same account. My intent in doing this is
to highlight an issue for my colleagues and for the Department of
Health and Human Services.
Before I go into detail on this, I want everyone to know that I was
one of the early participants in the Head Start program as an assistant
teacher. I was there when Head Start was first developed under the
Federal poverty program.
I love Head Start. I understand it very thoroughly, and I wish that
every child that needed the advantages of this program could have it
and benefit from it.
In California alone, the Head Start program serves over 100,000
children. Nationwide, more than 1 million children and families across
the country rely on its essential services.
However, children and families can't receive the care and valuable
benefits of Head Start if we aren't strategic in determining the
organizations and communities that receive aid.
When Federal auditors determine whether a Head Start program must
recompete for funding, they compare the metrics of a program against
national averages. However, a successful program operating within an
urban community must be defined differently than one operating in the
suburbs or a rural community. Comparing providers to national averages
disadvantages those with fewer resources and more obstacles to success.
In my own district, the 43rd Congressional District of California,
there have been six Head Start organizations that serve predominantly
minority communities that have lost their funding in
[[Page H4538]]
favor of organizations operating in more affluent areas.
I fear these closures in Los Angeles may be indicative of a
nationwide trend. There are also reports of Head Start programs serving
minority communities in Detroit, Michigan, and Little Rock, Arkansas,
that have been forced to recompete because they did not rank high
enough when compared to programs nationwide.
Instead of helping struggling programs improve, which would ensure
that families living in those communities still receive uninterrupted
Head Start services, this recompete process forces providers to divert
resources from programmatic priorities to administrative costs
associated with competing for Federal grant dollars. This only
compounds the difficulties faced by the Head Start provider.
The result of this process may be that affluent Head Start providers
are better able to navigate the bureaucratic system HHS has created
while those providers struggling to overcome obstacles, such as funding
deficiencies and higher teacher turnover rates, are shut down.
Further oversight is required. The Department of Health and Human
Services should comprehensively examine its Head Start selection and
evaluation process for any evidence that such processes are having a
disparate impact on either the minority communities that the programs
serve or on minority-operated Head Start programs.
HHS should submit a report to Congress no later than January 1 of
2020--and I am going to be working on that--on its findings and any
changes necessary to remedy the effects of such disparate impacts on
communities of color. We must do everything possible to ensure that all
children, not merely the ones who happened to live in affluent
communities near a well-funded Head Start provider, have access to the
support services they need.
Although I will be withdrawing this amendment, I strongly urge my
colleagues to support a comprehensive audit of the Head Start
application, evaluation, and recompete processes.
Mr. Chair, I yield 1 minute to the gentlewoman from Connecticut (Ms.
DeLauro).
Ms. DeLAURO. Mr. Chair, I thank my friend for yielding. She is a
loyal champion for her constituents, for the children who benefit from
the high-quality early childhood education and services that Head Start
offers, and for the business owners in her district.
We want to hold these facilities to high standards. The recompete
process needs to be sensitive to the needs of the communities that rely
on these services.
I promise to work closely with Representative Waters and ACF to
conduct the proper oversight that this issue deserves.
Ms. WATERS. Mr. Chair, I would simply like to say that I think that
the processes that we are examining have unintended consequences that
we think we can straighten out.
I thank Congresswoman DeLauro for her support in taking a look at
this issue. We will be working together.
Mr. Chair, I yield back the balance of my time, and I withdraw the
amendment.
The Acting CHAIR. The amendment is withdrawn.
Amendment No. 11 Offered by Mr. Smith of New Jersey
The Acting CHAIR. It is now in order to consider amendment No. 11
printed in part B of House Report 116-109.
Mr. SMITH of New Jersey. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 51, line 1, after the first dollar amount, insert
``(increased by $1,000,000)''.
Page 90, line 6, after the first dollar amount, insert
``(reduced by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from New Jersey (Mr. Smith) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. SMITH of New Jersey. Mr. Chair, Lyme disease is the most
prevalent vector-borne disease in the United States today.
If not diagnosed and treated properly, Lyme can lead to disseminated
infection that can affect every system in the body, including the
central nervous system. Later symptoms of Lyme include neurological
problems, memory loss, brain fog, and heart systems such as heart block
and inflammation of the heart muscle.
Lyme has been reported in every State in the United States. My State,
for example, has a particularly high incidence of new cases and old,
about 50,000 new infections each year.
While grossly undercounted for decades, new scientific evidence shows
that the number of new cases of Lyme is now estimated to be between
291,000 to 437,000. Remember, these are new cases of Lyme disease.
Since 1998, Mr. Chair, I have introduced comprehensive legislation on
tick-borne diseases, including Lyme. At the core of it was the creation
of a working group or a blue-ribbon commission to try to figure out
what is going on and to have Lyme-literate participants because there
has been a culture of denial about Lyme disease, particularly chronic
Lyme, for decades.
With the support and strategic help of Republican Leader Kevin
McCarthy, we succeeded in our goal and added the Tick-Borne Disease
Working Group to the 21st Century Cures Act. I am thankful to Fred
Upton, as well, for his leadership on this important initiative.
I would point out that that Working Group was dead over in the
Senate, and again, it was Kevin McCarthy who said the 21st Century
Cures Act doesn't come back unless that is in it. That made it happen.
The Working Group is charged with reviewing current research efforts
and identifying the gaps in the study, education, prevention, and
access to care for patients with Lyme and other tick-borne diseases.
In their inaugural report to Congress, the Working Group said,
``Americans need help, yet progress has been hampered by a lack of
attention at the Federal level and by divisions within the field.'' I
include the executive summary of the Working Group's report in the
Record.
[Tick-Borne Disease Working Group, 2018 Report to Congress]
Executive Summary
Tick-Borne Diseases have rapidly become a serious and
growing threat to public health in the United States. Despite
many scientific unknowns, experts agree that the incidence
and distribution of tick-borne diseases are increasing. Over
the past 25 years, reports of Lyme disease have increased
steadily with estimated annual cases approximating 300,000
(Hinckley et al., 2014; Nelson et al., 2015 ). The number of
U.S. counties now considered to be of high incidence for Lyme
disease has increased by more than 300% in the Northeastern
states and by approximately 250% in the North-Central states.
The Centers for Disease Control and Prevention (CDC)
currently recognizes 18 tick-borne pathogens in the United
States. However, researchers and health care practitioners
continue to discover emerging disease agents and new medical
conditions associated with tick bites.
While most Lyme disease patients who are diagnosed and
treated early can fully recover, 10 to 20% of patients suffer
from persistent symptoms, which for some are chronic and
disabling. Studies indicate that Lyme disease costs
approximately $1.3 billion each year in direct medical costs
alone in the United States. A comprehensive understanding of
the full economic and societal cost remains unknown. It is
likely orders of magnitude higher and potentially a $50- to
$100-billion-dollar problem for the United States, although
more research is needed (Vanderhoof & Vanderhoof-Forschner,
1993; Zhang et al., 2006).
Prompt diagnosis and treatment of tick-borne diseases are
crucial to prevent long-term complications. Today, available
diagnostic tests can be inaccurate and complex to interpret,
especially during the earliest stage of infection when
treatment is most effective. Unlike in other infectious
disease settings, tests to directly measure the presence of
the infecting organism, such as cultures or tissue biopsies,
are not available for some tick-borne diseases such as Lyme
disease. This leaves physicians without the tools needed to
diagnose; and without an accurate diagnosis, it is
challenging for physicians to provide early treatment.
Persistent symptoms after treatment of Lyme disease can be
severe, yet their cause(s) remains unknown and debated. There
are currently no uniformly accepted or validated treatment
options for patients with these chronic symptoms. As a
result, uncertainty surrounding appropriate clinical care has
led to polarization within the medical community, and
patients are often left suffering in limbo without a clear
path to illness resolution or even symptom management (Rebman
et al., 2017). The lack of a clear path for treatment of
persistent symptoms in some patients with Lyme disease
[[Page H4539]]
and other tick-borne diseases not only amplifies patient
suffering but also significantly increases health care costs.
This report outlines an integrated, multipronged approach
to the growing public health challenges posed by tick-borne
diseases in the United States. It contains nine main
chapters, including Background; Methods; Epidemiology and
Ecology; Prevention; Diagnosis; Treatment; Access to Care,
Patient Outcomes; Looking Forward; and Conclusion. The
Background and Methods chapters explain how the report was
developed. The other chapters present the main challenges,
key issues, and recommendations specific to the broader
topics.
To understand tick-borne diseases, we need to first
understand tick ecology and how ticks transmit diseases. Due
to the lack of a coordinated national surveillance program,
currently there are significant gaps in information on local
distribution of infection-causing ticks, especially in
regions beyond the Northeast and Upper Midwest. Nationwide,
standardized approaches for tick, animal, and human
surveillance are needed to understand the geographic
distribution of infectious ticks in order to understand the
spread of disease and predict where people are at risk.
Advanced technologies and systematic studies are also needed
to rapidly identify new disease agents that pose emergent
risks to public health, including to the blood supply. Given
that seven new tick-borne pathogens have been shown to infect
people in the United States since 2004,this is a priority.
Effective prevention relies on multi-pronged strategies. To
reduce exposure to ticks, we need a comprehensive
understanding of the biological drivers behind the continued
spread of tick-borne diseases, so that effective tick- and
infection control methods can be identified and validated.
Need also exists for the transparent development of a safe,
effective human vaccine to prevent Lyme disease, the most
common of these illnesses. In the absence of effective
strategies for controlling ticks and blocking the
transmission of tick-borne pathogens, it is crucial to
educate health care leadership are needed to reverse the
alarming professionals and the public about tick-borne
disease prevention, especially best practices for protection
from tick bites. Outreach efforts to promote prevention and
raise awareness among physicians and the public must be
expanded at both the Federal and state level to ensure
accurate, effective, and consistent messaging.
Clinical research priorities must include the development
of new technologies and approaches to improve diagnosis of
tick-borne diseases and monitor response to treatment. There
is a critical need for sensitive and specific direct-pathogen
detection strategies that are broad enough to cover multiple
potential tickborne pathogens. Understanding the etiology and
pathogenesis of ongoing symptoms after initial treatment
should be a clinical research priority. Investigations are
also needed into the potential roles of immunologic
responses, bacterial persistence, and coinfecting pathogens
in order to design and test new therapies and, ultimately,
improve outcomes and care for patients with ongoing symptoms.
Americans need help, yet progress has been hampered by a
lack of attention at the Federal level and by divisions
within the field. The recommendations in this 2018 report of
the TickBorne Disease Working Group represent a longterm
investment in tackling the rise of tick-borne diseases in
this country. However, immediate changes are also required to
help patients already suffering from tick-borne diseases; to
protect them from discrimination; and to address the
inflexible, inconsistent, and often unaffordable care that
patients frequently encounter in the current health care
system.
Increaseed Federal funding, prioritzation, and leadership
are needed to reverse the alarming trends associated with
tick-borne diseases. Despite several decades of research,
prevention, and educational activities, Federal funding for
tick-borne diseases is less per new surveillance case than
that of other diseases. The U.S. National Institutes of
Health (NIH) and CDC spend $77,355 and $20,293, respectively,
per new surveillance case of HIV/AIDS, and $36,063 and
$11,459 per new case of hepatitis C virus, yet only $768 and
$302 for each new case of Lyme disease. Federal funding for
tick-borne diseases today is orders of magnitude lower,
compared to other public health threats, and it has failed to
increase as the problem has grown.
It is also essential that funding and resources be
allocated to support a comprehensive, interagency program to
address the mounting challenges identified in this report.
All research, prevention, and education initiatives should be
inclusive of special populations such as children, who suffer
disproportionately from tick-borne diseases. Patients whose
lives continue to be disrupted by the lasting effects of
these illnesses are counting on emerging scientific research,
evidence-based policy, and the health care establishment--
including the Federal Government with Congressional and
Executive leadership--to provide solutions. We must act now.'
Mr. SMITH of New Jersey. Mr. Chair, much of what we have argued about
for a quarter of a century has now been scientifically validated by the
Working Group, including the fact that massive numbers of people are
getting seriously ill from ticks and that the Federal response has been
woefully inadequate.
Let me point out to my colleagues that this amendment very simply
boosts the amount of money that CDC will have to spend. Again, it was
the Working Group that pointed out that in terms of prevalence, the
number of diseases that are charted, no other disease, no other
disability gets less funding for CDC or for NIH. I would say that is
because there has been such a culture of denial by certain
organizations about the prevalence of Lyme over the years, and that has
really prevented the necessary work from happening.
We are talking about, in 2017, $11 million for CDC and $28 million
for the National Institutes of Health. That is a drop in the bucket for
this infectious disease.
CDC has recognized that there are 18 tick-borne pathogens in the
U.S., and researchers and healthcare practitioners continue to discover
emerging agents.
The Working Group's report was able to underscore a fact many of us
have believed to be true, and now it is further validated, that 10 to
20 percent of patients suffer from persistent symptoms, which are
chronic and disabling--in other words, chronic Lyme.
The diagnostic tests--and this is, again, where the research dollars
can make a difference--are also often inaccurate. The report points out
that in about 50 percent or more of the cases, when people do blood
tests they are told they don't have it. Those are false negatives. They
do have it.
There are other tests that go deeper into the bands to discover this.
It is very expensive. We need a world-class diagnostic tool.
Mr. Chair, I would point out to my colleagues that the
disproportionate number of people who are infected--mal infected, to be
more accurate--are children who are out in the backyard. This report
points out that most people get Lyme in their own backyards. Of course,
if people play sports, are hikers, or are out in the wilderness, they
are also further at risk.
{time} 1700
So this amendment increases CDC's funding it by $1 million for Lyme.
It is a modest amount but a step in the right direction.
I have also introduced legislation with Collin Peterson, and I would
ask my colleagues to take a look at it. It is called the TICK Act, H.R.
3073, and it would create a national strategy like we have done with
Alzheimer's and like we have done with other diseases to bring the
needed Federal resources to the fight against Lyme.
Mr. Chairman, I do ask Members to support the amendment and take a
look at the TICK Act.
Mr. Chairman, I yield back the balance of my time.
Ms. DeLAURO. Mr. Chairman, I claim the time in opposition, although I
do not oppose the amendment.
The Acting CHAIR. Without objection, the gentlewoman from Connecticut
is recognized for 5 minutes.
There was no objection.
Ms. DeLAURO. I support this amendment, Mr. Chairman. I know the
gentleman is a longtime supporter of increased funding for the CDC's
Lyme disease program. I commend him for his continued efforts to
address this issue, and I thank him for appearing before this
subcommittee on Member Day to talk about the importance of this issue.
I have a particular interest in this effort as well as the Lyme
disease was discovered in Lyme, Connecticut, so I know all about the
illness.
The underlying bill does include a $1 million increase. It is a total
funding level of $13 million for the CDC to intensify efforts to
develop better diagnostics and to bolster critical prevention and
surveillance networks, which are critically important as Lyme disease
is being reported in every single State. This amendment would increase
the program by an additional $1 million. And I do know from reviewing
the amendments that are coming up in the next several hours that there,
in fact, is another Lyme disease amendment.
So, Mr. Chairman, I urge my colleagues to vote ``yes'' on this
amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Smith).
[[Page H4540]]
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New Jersey
will be postponed.
Amendment No. 12 Offered by Mr. Scott of Virginia
The Acting CHAIR. It is now in order to consider amendment No. 12
printed in part B of House Report 116-109.
Mr. SCOTT of Virginia. Mr. Chair, I have an amendment at the desk
made available by the rule.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division A (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to finalize or implement the proposed rule entitled
``Occupational Exposure to Beryllium and Beryllium Compounds
in Construction and Shipyard Sectors'' published by the
Department of Labor in the Federal Register on June 27, 2017
(82 Fed Reg. 29182 et seq.).
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Virginia (Mr. Scott) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. SCOTT of Virginia. Mr. Chair, I rise in support of this amendment
to protect construction and shipyard workers from exposure to
beryllium, an ultra-toxic metal. When beryllium dust is inhaled, it can
trigger chronic beryllium disease, an irreversible lung disease that
suffocates victims and often leads to a painful death. Beryllium is
also a known human carcinogen.
For decades the Federal Government has relied on an arbitrary
standard created in 1948 to limit workers' exposure to beryllium.
In January 2017, after almost 20 years of consideration, OSHA issued
a standard that cut permissible worker exposure levels by 90 percent
for general industry, construction, and maritime workers, and improved
early detection of beryllium-related health effects through medical
monitoring. But this victory was short-lived. Less than a year later
OSHA moved to weaken protections against exposure to beryllium for
11,500 maritime and construction workers.
This is the first time in its nearly 50-year history that OSHA has
proposed to roll back an existing worker health protection for a
substance known to cause cancer. While keeping lower exposure limits,
the new OSHA proposal would eliminate vital ancillary provisions that
protect workers from beryllium.
If this proposal is finalized, workers would have no way of knowing
if they are being exposed to harmful levels of airborne beryllium.
Worse still, workers would have no way of knowing if they or their
employers need to take measures to address a beryllium-related disease
or adverse health effect.
OSHA's unprecedented move ignores scientific evidence showing that,
even with the 90 percent reduction in the exposure limits, there
remains a significant risk to worker health from beryllium, and when a
significant health risk remains, the courts have affirmed that OSHA
should maintain ancillary requirements.
Furthermore, OSHA has presented no evidence that construction and
maritime workers are at any less risk of beryllium-related diseases
than general industry workers. Nonetheless, the agency's proposal would
discriminate against construction and maritime workers by leaving them
with inferior protections compared to general industry workers.
Finally, OSHA's unprecedented action was not based on science or
evidence that the ancillary requirements were not feasible.
Construction companies and shipyards across the country already
implement other OSHA standards with ancillary provisions for toxic
metals such as chromium, cadmium, and arsenic.
Mr. Chair, I urge a ``yes'' vote on this amendment to protect
construction and maritime workers, and I reserve the balance of my
time.
Mr. WALBERG. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Michigan is recognized for 5
minutes.
Mr. WALBERG. Mr. Chairman, while I appreciate my friend and colleague
from Virginia and his concern about this issue, I have to oppose the
amendment because it would prevent the administration from continuing
its important work to finalize proposed rules to examine the exposure
limits for beryllium in construction and shipyard industries.
Mr. Chairman, regulations to protect worker health are vital and
necessary; however, all voices should be heard through proper notice
and comment period. Unfortunately, in the last days of the previous
administration, OSHA expanded its 2017 final rule without allowing for
proper notice and comment from many impacted industries.
The public comment period is an essential part of upholding our
democratic values because it ensures that Americans will have their
voices heard in the Federal Government's regulatory process. People
need to have the confidence that Federal agencies are open to their
insights and constructive criticism and that their concerns will not be
circumvented at the last minute.
So I encourage Members to oppose this amendment and allow OSHA to get
back to work to issue a regulation that has undergone the proper review
and protects the health of workers.
Mr. Chairman, I yield such time as he may consume to Mr. Comer.
Mr. COMER. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I rise in opposition to this amendment and its
circumventing of the administration's ability to conduct the rulemaking
process. This amendment would deny OSHA the ability to finalize its
proposed rule which is aimed at correcting the previous
administration's failure to produce a targeted final rule that
reflected input from stakeholders.
OSHA's current proposed rule is necessary to aid in clarifying
standards for the shipyard and construction industries. Further delay
would unnecessarily burden these businesses and create continued
significant compliance costs that we cannot know the full scope of
today because proper analysis was never conducted during the rulemaking
process of the previous administration.
In order for a tailored, adequately prescriptive rule to emerge, OSHA
must be able to deliver an updated standard that responds to the input
of the hardworking individuals in these sectors.
Mr. Chairman, I urge my colleagues to join me in opposing this
amendment.
Mr. SCOTT of Virginia. Mr. Chairman, I yield 1 minute to the
gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Chairman, I rise in support of this amendment. This
is about protecting existing beryllium standards established by the
Occupational Safety and Health Administration for construction and
maritime workers.
Any effort to weaken or revoke the 2017 rule limiting exposure to
beryllium would reflect the first time that OSHA has proposed to weaken
a standard protecting workers against a known human carcinogen. It
leaves construction and shipyard workers vulnerable to life-threatening
beryllium-related diseases and increases their risk of developing lung
cancer.
I appreciate that the amendment is drawing attention to the
importance of strengthening--not weakening--worker health and safety
standards. This is about saving people's lives.
Mr. Chairman, how can you be opposed and support bureaucracy versus
saving people's lives?
I am so happy to support this amendment.
Mr. WALBERG. Mr. Chairman, I yield back the balance of my time.
Mr. SCOTT of Virginia. Mr. Chairman, I yield myself the balance of my
time.
Mr. Chairman, OSHA did not originally propose to cover shipyards or
construction, but asked about coverage in its proposal, it was
extensively discussed during the comment period, and those comments are
noted in the Federal Register, Volume 80, Number 152, page 47569.
I would hope that we would protect the shipyard and construction
workers
[[Page H4541]]
from beryllium, also the people who are nearby, bystanders and
everybody else who are protected by this new standard. In order to
protect those workers we need to pass this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Scott).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
will be postponed.
Amendment No. 13 Offered by Mr. DeFazio
The Acting CHAIR. It is now in order to consider amendment No. 13
printed in part B of House Report 116-109.
Mr. DeFAZIO. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division A (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture governing the funding,
establishment, and operation of Job Corps Civilian
Conservation Centers (or any agreement of the same
substance); or
(2) close any of the following Civilian Conservation
Centers:
(A) Angell Job Corps Civilian Conversation Center.
(B) Boxelder Job Corps Civilian Conservation Center.
(C) Centennial Job Corps Civilian Conservation Center.
(D) Collbran Job Corps Civilian Conservation Center.
(E) Columbia Basin Job Corps Basin Civilian Conservation
Center.
(F) Curlew Job Corps Civilian Conservation Center.
(G) Great Onyx Job Corps Civilian Conservation Center.
(H) Harpers Ferry Job Corps Civilian Conservation Center.
(I) Lyndon B. Johnson Job Corps Civilian Conservation
Center.
(J) Jacobs Creek Job Corps Civilian Conservation Center.
(K) Mingo Job Corps Civilian Conservation Center.
(L) Pine Ridge Job Corps Civilian Conservation Center.
(M) Schenck Job Corps Civilian Conservation Center.
(N) Trapper Creek Job Corps Civilian Conservation Center.
(O) Weber Basin Job Corps Civilian Conservation Center.
(P) Wolf Creek Job Corps Civilian Conservation Center.
(Q) Anaconda Job Corps Civilian Conservation Center.
(R) Blackwell Job Corps Civilian Conservation Center.
(S) Cass Job Corps Civilian Conservation Center.
(T) Flatwoods Job Corps Civilian Conservation Center.
(U) Fort Simcoe Job Corps Civilian Conservation Center.
(V) Frenchburg Job Corps Civilian Conservation Center.
(W) Oconaluftee Job Corps Civilian Conservation Center.
(X) Pine Knot Job Corps Civilian Conservation Center.
(Y) Timber Lake Job Corps Civilian Conservation Center.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Oregon (Mr. DeFazio) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oregon.
Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in strong support of this amendment to preserve
the Job Corps Civilian Conservation Center, CCC, program.
Last month the Trump administration, in a shortsighted manner,
announced plans to permanently close nine of the centers and hand the
remaining 16 facilities over to private contractors by the end of the
year.
This is an incredibly successful program. They have a unique mandate
within Job Corps to help conserve, develop, manage public natural
resources and areas and to respond to natural disasters. The 25 CCCs
operate in 17 national forests and grasslands across 16 States and
train thousands of at-risk youth every year.
Many of these young adults, being at risk, come from rural
communities, and these programs provide them with cutting-edge
vocational training and pathways out of poverty in addition to
providing critical opportunities to struggling rural areas.
Beyond this, CCCs provide essential capacity for the Forest Service
to fulfill its mission. During the height of the 2017 fire season,
1,200 students provided 450,000 hours of wildfire support, and after
Hurricane Harvey, the students provided 5,000 hours of support to
impacted communities.
This is wrong for our rural communities, wrong for the Forest
Service, and it is wrong to abandon at-risk youth by killing this
program. Now is the wrong time to be reducing capacity.
Mr. Chairman, I urge my colleagues to join me in support of this
amendment, and I reserve the balance of my time.
Ms. FOXX of North Carolina. Mr. Chairman, I rise in opposition.
The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
Ms. FOXX of North Carolina. Mr. Chairman, Job Corps is meant to be an
outlet to help disadvantaged youth gain the skills necessary to achieve
a good education and the skills needed for the workforce, but the
failures of the program do a disservice to students, staff, and the
American taxpayers who pay for the programs.
For years this federally funded program has struggled to ensure the
safety and security of students. There is ample documentation about the
systemic deficiencies in Job Corps, and over 30 different government
reports and audits have raised concerns over the safety and security of
participants.
The administration's proposed changes to Job Corps are an important
first step in reforming the program so that it actually works for
students and efficiently utilizes taxpayer funds.
The Department of Labor's mission of preparing at-risk youth for
meaningful participation in the workforce and skills development for
career success makes them a better choice for running the 25 Job Corps
Centers that have previously been operated by USDA. The transition of
these Civilian Conservation Centers, or CCCs, will allow USDA to
strengthen its focus on improving our Nation's forests and grasslands
while also remaining a key partner in the DOL-run Job Corps centers
going forward.
In short, the administration's efforts would allow more students to
participate in the Job Corps program at high performing centers and in
doing so protect taxpayer money.
I urge my colleagues to support a Job Corps program that actually
protects and serves students and to vote ``no'' on this amendment.
{time} 1715
Mr. DeFAZIO. Mr. Chair, I yield 1 minute to the gentleman from Oregon
(Mr. Schrader).
Mr. SCHRADER. Mr. Chair, I rise today to urge support for this
important bipartisan amendment.
The Job Corps Civilian Conservation Centers program provides valuable
services to get at-risk young adults the skills they need to succeed. I
would repeat that: This is a very successful program with phenomenal
results. To turn our back on these kids is unconscionable.
It is an extremely successful program, training thousands in a
variety of tasks, like working on rural infrastructure projects,
maintaining our national forests, and being a frontline member for our
natural disaster relief teams.
Wildfire season has already started out West. We need these services
to enhance our brave first-responder teams. As pointed out by the
chairman, these folks were invaluable during the 2017 fire season,
providing the equivalent of 450,000 hours of service, leveraging our
tax dollars in a great way.
I have heard from a number of constituents and groups in my district
that are worried about the future of these young people, like the
Angell CCC on our Oregon coast.
This is a callous approach by the administration.
Mr. Chair, I urge my colleagues to support this amendment and push
back against this ill-thought-out plan.
Ms. FOXX of North Carolina. Mr. Chair, I reserve the balance of my
time.
Mr. DeFAZIO. Mr. Chair, I yield 1 minute to the gentlewoman from
Connecticut (Ms. DeLauro).
[[Page H4542]]
Ms. DeLAURO. Mr. Chair, I rise in support of this amendment, which
rejects the administration's plan to terminate the joint partnership
between the Department of Agriculture and the Department of Labor that
governs the operation of the Job Corps Civilian Conservation Centers.
The Trump administration wants to turn its back on disconnected and
vulnerable youth, especially those who depend on Job Corps programs in
rural communities. These centers give disadvantaged young people
valuable, on-the-job experience and training, putting them on a path to
a good job while learning about how to conserve and protect our natural
resources.
As a matter of fact, of the top-performing 15 centers, 6 were
Civilian Conservation Centers.
Mr. Chair, I urge my colleagues to vote in favor of this bipartisan
amendment.
Ms. FOXX of North Carolina. Mr. Chair, I reserve the balance of my
time.
Mr. DeFAZIO. Mr. Chair, I yield 1 minute to the gentleman from
Georgia (Mr. Bishop).
Mr. BISHOP of Georgia. Mr. Chair, I rise as a cosponsor of this
amendment, which would prohibit closure of the U.S. Forest Service Job
Corps Civilian Conservation Centers.
Closing the Job Corps Civilian Conservation Centers makes absolutely
no sense. These 25 centers are among the highest-performing centers in
the country. Despite claims to the contrary, they contribute directly
to the missions of the U.S. Department of Agriculture and the U.S.
Forest Service by training thousands of students each year in
conservation work and firefighting.
At a time when the Forest Service has been struggling to hire
dispatchers and firefighters to prepare for the upcoming fire season,
it is irresponsible, to say the least, to close these centers and lay
off 1,100 Job Corps employees.
Mr. Chair, as the co-chair of the bipartisan Job Corps Congressional
Caucus with Congressman Phil Roe, I applaud Representatives DeFazio and
Newhouse for their outstanding efforts to stop the U.S. Department of
Labor and the U.S. Department of Agriculture from going forward with
this reckless and ill-advised decision.
Mr. Chair, I urge support for this amendment.
Ms. FOXX of North Carolina. Mr. Chair, I continue to reserve the
balance of my time.
Mr. DeFAZIO. Mr. Chair, may I ask for the remaining time on either
side.
The Acting CHAIR. The gentleman from Oregon has 30 seconds remaining.
Mr. DeFAZIO. Mr. Chair, I yield myself 30 seconds.
I doubt the gentlewoman has ever visited one of these programs. I
have, numerous times. I have seen the hotshot teams. These kids are so
proud. They were on a bad path, and now they are on a good path.
So, if you want to talk about at-risk youth, if you want to end up
having them get on drugs and go to jail, kill the program. If you don't
kill the program, we are going to save these kids' lives and make them
into productive citizens.
On the plane one day, I sat next to a guy just coming back from one
in Idaho. He had learned to cook there. He got his certificate. He was
offered four jobs when he came back. Before that, he was a dead-end kid
with no high school degree.
These programs have great results for these youth. Do not be cruel
and kill it.
Mr. Chair, I yield back the balance of my time.
Ms. FOXX of North Carolina. Mr. Chair, could I inquire as to how much
time I have remaining.
The Acting CHAIR. The gentlewoman from North Carolina has 3 minutes
remaining.
Ms. FOXX of North Carolina. Mr. Chair, au contraire, to the gentleman
from Oregon. Not only have I visited one of these programs but when I
was president of the Mayland Community College, we had a program very
close by. I am very well aware of these programs.
I doubt the gentleman from Oregon has ever read the report, which
talks about the ineptness, the lack of safety, and the danger in these
programs.
The dangerous place that these programs are, the number of deaths
that have occurred in Job Corps programs, yes, there are phenomenal
results. There are phenomenally bad results in these programs.
Mr. Chair, we have 7 million jobs unfilled in this country right now.
If Job Corps, along with our colleges and universities, were doing
their jobs in this country, we wouldn't have 7 million jobs vacant in
the country. We would have more people prepared with the skills they
need to fill those jobs.
The recommendation made by the administration will allow more
students to get the skills they need at a lower cost for the American
taxpayers and in higher-performing centers. We need to spend the scarce
dollars that we have as wisely as possible.
These programs are more in line with the mission of DOL than in line
with the mission of the Department of Agriculture. We need to allow the
Department of Agriculture to focus on its mission and the Department of
Labor to focus on its mission.
I have all the sympathy in the world for young, disadvantaged people
who do not have skills to get jobs, Mr. Chair. I have worked directly
with those people. I have helped many of them. This is not the way to
go. If we truly want to help them, we will have effective programs, not
dangerous programs and not ineffective programs.
Mr. Chair, I yield back the balance of my time.
Mr. NEWHOUSE. Mr. Chair, as the designee of the gentlewoman from
Texas, I move to strike the last word.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. NEWHOUSE. Mr. Chair, I rise in support of the amendment that I
introduced with my friend from Oregon (Mr. DeFazio) to prevent Federal
funds from being used to close or transfer the operations of the U.S.
Forest Service Job Corps Civilian Conservation Centers.
Mr. Chair, I am a strong supporter of this administration's
demonstrated commitment to rural prosperity for communities often
ignored or forgotten across this country. Their focus on promoting
policies to protect rural communities is so important to regions of the
country like my own district of central Washington.
Unfortunately, the recent proposal to close many Forest Service Job
Corps facilities and remove the Forest Service-based mission from the
remaining centers will hurt rural America.
It is for this reason that I have been working with a bipartisan
coalition of Members from across the country, both in the House and in
the Senate, to prevent this proposal from moving forward.
The three centers in central and eastern Washington are critical to
supporting our rural communities, which are on the front lines of
facing ever-worsening impacts of catastrophic wildfires.
I have met the students who aid active management efforts in our
Nation's forests and help restore communities devastated by wildfires.
The public service they provide is worthy of our support.
Mr. Chair, I include in the Record letters from the National
Association of Home Builders to Speaker Pelosi and Leader McCarthy.
National Association of
Home Builders,
Washington, DC, June 12, 2019.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Dear Speaker Pelosi: On behalf of the more than 140,000
members of the National Association of Home Builders (NAHB),
I write in support of Amendment #13 (#95 for Division A,
sponsored by Representatives DeFazio, Newhouse, Schrader, and
Gianforte) to H.R. 2740, the Fiscal Year 2020 Labor, Health
and Human Services, Education, Legislative Branch, Defense,
State, Foreign Operations, and Energy and Water Development
Appropriations Act. This bipartisan measure would prohibit
funds appropriated for Job Corps from being applied towards
the closure of any of the 25 Job Corps Civilian Conservation
Centers currently operating.
The recent termination of the Department of Agriculture's
training partnership with Job Corps and subsequent
announcement by the Department of Labor (DOL) of nine center
closures is deeply concerning to NAHB and its workforce
development arm, the Home Builders Institute (HBI), which has
trained and placed thousands of students for careers in
residential construction through its 45-year partnership with
Job Corps. HBI Job Corps programs are offered at 65 centers
across the country, and have equipped at-risk youth with the
skills and experience they need for successful careers
through pre-
[[Page H4543]]
apprenticeship training, job placement services, mentoring,
certification programs, textbooks and curricula.
DOL's planned Job Corps center closures stand to impact
more than 43 construction training programs, six of which are
operated by HBI at three of the affected locations. Many of
these centers serve rural and dislocated communities and have
enrollment numbers exceeding national and regional averages.
However, the Department of Labor has not disclosed any
performance metrics or data to support its closure
determinations and it has provided little information on how
it will continue to serve the thousands of at-risk youth who
will be displaced from their local centers. Further, DOL has
not informed contracted training partners like HBI whether
their successfully operating programs--and their
administering staff--will be relocated or simply terminated
along with the centers they have served.
At a time of endemic labor shortages in the industry and a
record-setting 404,000 open construction positions,
eliminating in-demand workforce training programs could prove
catastrophic for the labor market, the underserved youth that
have benefited from the opportunity to learn a skilled trade,
and the communities and businesses that turn to Job Corps for
their workforce needs.
NAHB encourages Congress and the Department of Labor to
work together to address outstanding stakeholder questions
about the proposed closures and urges DOL to offer a plan
that ensures minimal disruption to affected Job Corps
partners and students. In the interim, we ask Representatives
to support Amendment #13 to prevent a hasty shuttering of any
Job Corps centers.
Sincerely,
James W. Tobin III.
____
National Association of
Home Builders,
Washington, DC, June 12, 2019.
Hon. Kevin McCarthy,
Minority Leader, House of Representatives,
Washington, DC.
Dear Minority Leader McCarthy: On behalf of the more than
140,000 members of the National Association of Home Builders
(NAHB), I write in support of Amendment #13 (#95 for Division
A, sponsored by Representatives DeFazio, Newhouse, Schrader,
and Gianforte) to H.R. 2740, the Fiscal Year 2020 Labor,
Health and Human Services, Education, Legislative Branch,
Defense, State, Foreign Operations, and Energy and Water
Development Appropriations Act. This bipartisan measure would
prohibit funds appropriated for Job Corps from being applied
towards the closure of any of the 25 Job Corps Civilian
Conservation Centers currently operating.
The recent termination of the Department of Agriculture's
training partnership with Job Corps and subsequent
announcement by the Department of Labor (DOL) of nine center
closures is deeply concerning to NAHB and its workforce
development arm, the Home Builders Institute (HBI), which has
trained and placed thousands of students for careers in
residential construction through its 45-year partnership with
Job Corps. HBI Job Corps programs are offered at 65 centers
across the country, and have equipped at-risk youth with the
skills and experience they need for successful careers
through pre-apprenticeship training, job placement services,
mentoring, certification programs, textbooks and curricula.
DOL's planned Job Corps center closures stand to impact
more than 43 construction training programs, six of which are
operated by HBI at three of the affected locations. Many of
these centers serve rural and dislocated communities and have
enrollment numbers exceeding national and regional averages.
However, the Department of Labor has not disclosed any
performance metrics or data to support its closure
determinations and it has provided little information on how
it will continue to serve the thousands of at-risk youth who
will be displaced from their local centers. Further, DOL has
not informed contracted training partners like HBI whether
their successfully operating programs--and their
administering staff--will be relocated or simply terminated
along with the centers they have served.
At a time of endemic labor shortages in the industry and a
record-setting 404,000 open construction positions,
eliminating in-demand workforce training programs could prove
catastrophic for the labor market, the underserved youth that
have benefited from the opportunity to learn a skilled trade,
and the communities and businesses that turn to Job Corps for
their workforce needs.
NAHB encourages Congress and the Department of Labor to
work together to address outstanding stakeholder questions
about the proposed closures and urges DOL to offer a plan
that ensures minimal disruption to affected Job Corps
partners and students. In the interim, we ask Representatives
to support Amendment #13 to prevent a hasty shuttering of any
Job Corps centers.
Sincerely,
James W. Tobin III.
Mr. NEWHOUSE. Mr. Chair, the National Association of Home Builders
accurately states that ``the Department of Labor has not disclosed any
performance metrics or data to support its closure determinations, and
it has provided little information on how it will continue to serve the
thousands of at-risk youth who will be displaced from their local
centers.''
In fact, Mr. Chair, many of the facilities slated to be closed, six
out of the nine, like the Fort Simcoe facility in my own district, are
some of the highest-performing centers in the country.
This simply makes no sense.
I thank Mr. Schrader and Mr. DeFazio, my colleagues from Oregon, as
well as my colleague from Montana (Mr. Gianforte), for their leadership
on this issue, as well as the dozens of bipartisan Members who have
been working alongside Mr. DeFazio and myself to stop this proposal
from moving forward.
I urge my colleagues to support our amendment.
Mr. Chair, I yield to the gentlewoman from Washington (Mrs. Rodgers),
my colleague from just east of me.
Mrs. RODGERS of Washington. Mr. Chair, I appreciate the leadership of
my colleague from Washington State (Mr. Newhouse), as well as the
leader from Oregon (Mr. DeFazio), on this bipartisan amendment in
support of the Job Corps.
I, too, want to stand in support of the important work that the Job
Corps is doing, specifically in Ferry County.
In addition to closing other centers, the administration recently
announced its plans to terminate the agreement between our Job Corps in
Curlew and the USDA.
In rural Ferry County, which is largely publicly owned, it is right
in the midst of a million-acre national forest. The Job Corps is very
important. It is very important in that it is one of the largest
employers in the county.
It is also where young people, at-risk youth, are gaining critical
skills necessary to fight fires and to better steward our Federal
forests in eastern Washington. We are facing larger and larger
catastrophic fires. This Job Corps program is so important, as well as
the other programs that it is offering.
This amendment will stop funds from being used to close the Curlew
Job Corps, as well as others. Whether for jobs, a healthier
environment, or those on the front lines fighting forest fires in
Washington State and throughout rural America, I urge my colleagues to
vote ``yes'' and support this amendment.
Mr. NEWHOUSE. Mr. Chair, I would like to, again, urge all of my
colleagues to support this amendment, and I yield back the balance of
my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oregon (Mr. DeFazio).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oregon will
be postponed.
Amendment No. 14 Offered by Ms. Jackson Lee
The Acting CHAIR. It is now in order to consider amendment No. 14
printed in part B of House Report 116-109.
Ms. JACKSON LEE. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 57, line 25, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 57, line 25, after the dollar amount, insert
``(increased by $10,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from Texas (Ms. Jackson Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chair, just a few weeks ago, I had a roundtable
discussion with health professionals and those who are suffering from
diabetes. I heard the stories of how much insulin costs and how
difficult it was to be able to access healthcare, in many instances.
This discussion was held at the University of Houston medical school.
The Jackson Lee amendment makes a good bill even better by providing
$10 million more to help ensure that the national goals of finding and
bringing
[[Page H4544]]
more and better treatments for diabetes is aided by an expanded pool of
diverse and talented medical researchers and clinical trial
participants.
Many racial health disparities, including diabetes, stem from a lack
of access to quality healthcare and proper health awareness.
Unfortunately, this means that the incidence of kidney disease has not
always matched trial populations. African Americans represent 12
percent of the U.S. population but only 5 percent of clinical trial
participants.
{time} 1730
Hispanics make up 16 percent, but only 1 percent of clinical trial
participants.
Sex distribution in cardiovascular device trials is 67 percent male.
Other significant barriers to diversified clinical trials, which are
key to sound medical research and the foundation for medical cures and
breakthroughs, as reported by investigators and coordinators, are
insurance status, patient inconvenience, cost, availability of
transportation, distance to the study site, and patient and family
concerns about risk.
My amendment, in particular, focuses on ensuring the outreach for
researchers and, as well, those who would be participants in clinical
trials. Physicians are the gateway to the patient as well, and the lack
of access to physicians also diminishes the rights or the ability for
people to be in trials.
My amendment is intended to aid in the necessary effort to diversify
the pool of doctors and medical researchers conducting clinical trials
and, thereby, helping to diversify the participants in the clinical
trials.
I would ask my colleagues to support this amendment.
Mr. Chairman, it is important to take note of this particular chart;
proportion of volunteers in clinical research by race and ethnicity.
And you will see, as it relates to minorities, at every step of the
way, dealing with total U.S. population, only 33 percent participate.
NIH-funded clinical research only 36 percent participate; and industry-
funded clinical trials, a paltry 16.7 percent.
It indicates as well, and I include in the Record ``Clinical Trials
Shed Light on Minority Health.''
[From FDA Consumer Health Information]
Clinical Trials Shed Light on Minority Health
The Food and Drug Administration (FDA) is working to
increase the participation of people in racial, ethnic and
other minority groups in the clinical trials that test new
medical products.
The Food and Drug Administration (FDA) is working to
increase the participation of people in racial, ethnic and
other minority groups in the clinical trials that test new
medical products.
Why is this important?
Ensuring meaningful representation of minorities in
clinical trials for regulated medical products is fundamental
to FDA's regulatory mission and public health, says Jonca
Bull, M.D., director of the agency's Office of Minority
Health (OMH). Racial and ethnic minorities include African
American, American Indian, Alaska Native, Asian American,
Hispanic American, Native Hawaiian and Pacific Islander
communities.
OMH project manager Christine Merenda, M.P.H., R.N.
explains that clinical trials are the proving ground for new
drugs, vaccines and devices. They provide the data that will
determine whether FDA approves a manufacturer's application
for marketing approval.
``Potential racial, ethnic and other differences in
response to drugs are important to FDA's efforts to help
ensure that the safety and effectiveness of drugs are studied
in all people who will use the products once they are
approved,'' she says.
Considering Genetic Differences
Bull explains that there are biological differences in how
people process drugs. For example, variations in genetic
coding can make a cancer treatment more toxic in one ethnic
group than it would be in another. These variations can make
also make drugs like antidepressants and blood-pressure
medications less effective in one group than another.
Getting more data on these differences is essential for FDA
to truly know that a medical product will truly work and be
safe for all patients, Bull says.
Members of minority groups may be more vulnerable to
certain diseases. ``We know, for example, that African-
Americans and Hispanics have higher rates of diabetes, HIV/
AIDS, obesity and cardiovascular disease,'' says Bull. Native
Americans and Asians have been shown to have higher rates of
hepatitis, while Hispanics are disproportionately affected by
diabetes.
But historically, both women and minorities have been
under-represented in clinical trails. For example, according
to a 2011 report from the conference ``Dialogues on
Diversifying Clinical Trails,'' sponsored by FDA's Office of
Women's Health and the Society for Women's Health Research
and supported by OMH:
African Americans represent 12% of the U.S.
population but only 5% of clinical trial participants;
Hispanics make up 16% of the population but only
1% of clinical trial participants; and
``Men make up more than two-thirds of the
participants in clinical tests of cardiovascular (heart and
blood vessel) devices?''
At the conference, more than 200 representatives from
government and industry came together with patient advocates
and the scientific community to discuss strategies for
increasing the participation of women and minorities in
clinical trials.
Why the Disparity?
Bull says there are different reasons why minorities have
been under-represented in clinical trials.
One reason may be a lack of trust because of past abuses,
Bull says. One notorious example was the Tuskegee Syphilis
Study, experiments conducted between 1932 and 1972 by the
U.S. Public Health Service. Health officials recruited poor
black share-croppers in Alabama to study the natural progress
of syphilis. However, while the study was in progress,
penicillin was discovered to treat syphilis. The study was
not stopped and the men were not treated with penicillin that
could have cured them.
According to a recent university study, however, this
attitude seems to be changing. The study was designed to
learn the health concerns and research perceptions among
under-represented groups. When asked about their over-all
interest in medical research, 91 percent of African-Americans
expressed interest in participating.
Nonetheless, recruiting people to participate in clinical
trials--no matter what race or ethnicity--is difficult in
general, Bull notes. FDA works to protect participants in
clinical trials and to ensure that people have reliable
information as they decide whether to join a clinical trial.
There are many benefits to minority participation for
researchers that extend, in larger sense, to society.
Minority participation helps researchers find better
treatments and better ways to fight such diseases as cancer,
diabetes, heart disease and HIV/ AIDS. In addition, it
uncovers differences by gender, race, and ethnicity that may
be important for safe and effective use of therapies.
Safeguards and Resources
Safeguards for clinical trial participants include
oversight by institutional review boards (IRBs), composed of
at least five members, including scientists, doctors, and lay
people. IRBs ensure that appropriate steps are taken to
protect the rights and welfare of participants as subjects of
research.
Though it's too soon to tell, Bull says that the FDA Safety
and Innovation Act (FDASIA) signed into law by President
Obama in July 2012 could have a helpful effect in supporting
efforts to enhance minority participation in clinical trials.
FDASIA requires that FDA report to Congress by July 9, 2013
on the diversity of participants in clinical trials and the
extent to which safety and effectiveness data based on such
factors as sex, age, race and ethnicity are included in
applications submitted to FDA.
Based on these findings, FDA and others involved in
clinical research will be able to identify needs and
opportunties to increase minority representation, says Bull.
In the meantime, Bull encourages consumers to take a more
proactive approach. If you're undergoing treatment and your
condition is not improving, she says, you may want to talk to
your health care professional about the availability of
clinical trials that address our condition.
FDA also has information at fda.gov (http://www.fda.gov)
with information about participating in clinical trials
(http://www.fda.gov/ForConsumers/ByAudience/
ForPatientAdvocates/ParticipatinginClinicalTrials/
default.htm) and links to an array of resources. And
clinicaltrails.gov (http://www.clinicaltrials.gov) is another
resource from the National Insitiutes of Health.
Ms. JACKSON LEE. Mr. Chairman, the Food and Drug Administration is
working to increase the participation of people in racial, ethnic, and
other minority groups in the clinical trials that test new medical
products.
So I would indicate that this particular amendment is to give greater
focus to ensure that we have access to these individuals. Again,
diabetes in minority communities is surging. The difficulty of getting
access to insulin is also a conspicuous medical concern. But certain
medical illnesses have been known to have a higher prevalence in
certain demographic groups, including Type 2 diabetes, lupus, sickle
cell anemia, and triple-negative breast cancer.
This particular amendment is, of course, helping to end, or to work
on improving the access at this time.
Mr. Chairman, I yield 1 minute to the gentlewoman from Connecticut
(Ms. DeLauro).
[[Page H4545]]
Ms. DeLAURO. Mr. Chairman, I rise in support of this amendment.
African American adults are almost twice as likely to suffer from
diabetes as White adults and are also more likely to suffer from
serious complications, such as limb amputations.
I agree with the gentlewoman that increasing the representation of
African Americans among biomedical researchers, as well as participants
in clinical trials, is essential to addressing disparities in health
outcomes for African Americans suffering from this disease.
I would tell the gentlewoman that I was part of a bipartisan effort
in the early nineties where we changed the rules of the NIH, including
minorities and women in clinical trials, but it would appear that we
have more to do. And we have increased funding for research centers in
minority institutions by $11 million to support the next generation of
researchers and enhance the research infrastructure in minority-serving
institutions.
I thank the gentlewoman for offering this amendment. I urge my
colleagues to vote ``yes,'' and I look forward to working with her to
see if we can turn this around.
Ms. JACKSON LEE. Mr. Chairman, I urge support of this amendment.
Mr. Chair, I wish to thank Chairman McGovern and Ranking Member Cole
of the Rules Committee for making this Jackson Lee Amendment in order.
I thank Chairwoman DeLauro and Ranking Member Cole for their hard
work in bringing Division A, the Labor-HHS portion of this omnibus
appropriations legislative package, to the floor.
I thank them all for this opportunity to explain the Jackson Lee
Amendment, which makes a good bill even better by providing $10 million
more to help ensure that the national goals of finding and bringing
more and better treatments for diabetes is aided by an expanding pool
of diverse and talented medical researchers and clinical trial
participants.
Many racial health disparities, including diabetes, stem from lack of
access to quality healthcare and proper health awareness.
Unfortunately, this means that incidence of kidney disease does not
always match trial populations.
For example, consider that:
1. African-Americans represent 12 percent of the U.S. population but
only 5 percent of clinical trial participants.
2. Hispanics make up 16 percent of the population but only 1 percent
of clinical trial participants.
3. Sex distribution in cardiovascular device trials is 67 percent
male.
Other significant barriers to diversified clinical trials, which are
the key to sound medical research and the foundation for medical cures
and breakthroughs, as reported by investigators and coordinators are
insurance status, patient inconvenience costs, availability of
transportation, distance to the study site, and patient and family
concerns about risk.
But the most significant barriers limiting clinical participation are
race, age, and sex of participants:
1. Women and minority patients are more difficult to recruit.
2. Women and minority physicians have less experience and are
relatively costlier to engage.
3. Minority patients with limited English proficiency can require
costly translation services.
The first step in engaging women and minorities in clinical trials is
finding them.
Research has shown that minority patients seek physicians of their
own race, so bringing these doctors into trials is critical.
Physicians are the gateway to the patient.
There are disturbing statistics on the number of African Americans,
Hispanics and Native Americans pursuing academic qualification and
participating in scientific research.
Many barriers exist that account for the low rate of participation
among diverse communities, including patient fear of experimentation
and lack of understanding or education with regard to the importance of
clinical trials in creating new treatments and cures.
The Jackson Lee Amendment is intended to aid in the necessary effort
to diversify the pool of doctors and medical researchers conducting
clinical trials, and thereby helping to diversify the participants in
the clinical trials.
In short, the Jackson Lee Amendment seeks to open the ``physician
gateway'' to the patient.
The Journal on STEM Education reported in 2011 that only 8.34 percent
of the STEM doctorates awarded in 2006 were given to underrepresented
minorities (URMs), despite making up approximately 28 percent of the
U.S. population.
Additionally, GAO found that while the percentage of underrepresented
minorities nationwide increased from 13 percent to 19 percent from 1994
to 2003, the total number of STEM doctorates awarded to the same group
dropped during this period from 8,335 to 7,310.
In response, the National Institute of General Medical Sciences
(NIGMS) created the Minority Opportunities in Research (MORE) Division
and similar academic intervention programs.
The MORE programs are comprised of four primary components: research
experience, mentoring and advisement, supplemental instruction and
workshops, and financial support.
This includes the Minority Biomedical Research Support-Research
Initiative for Scientific Enhancement (MBRS-RISE) program, the Minority
Access to Research Careers (MARC), Post-baccalaureate Research
Education Program (PREP), and the Bridges to the Baccalaureate and
Bridges to the Ph.D. programs.
The amount of funds dedicated to these programs reflects the
commitment by the science and research community to the goals of the
MORE Division in addressing this problem.
Certain medical illnesses have been known to have higher prevalence
in certain demographic groups, including type II diabetes, lupus,
sickle cell anemia, and Triple Negative Breast Cancer for which African
Americans are more than twice as likely to be diagnosed on average.
Race and ethnicity have also been shown to affect the effectiveness
of and response to certain drugs, such as antihypertensive therapies in
the treatment of hypertension in African Americans and anti-depressants
in Hispanics.
Increased diversity in research trials could help researchers find
better, more precise ways to fight diseases that disproportionately
impact certain populations and may be important for the safe and
effective use of new therapies.
But before we can engage more women and minorities to participate in
clinical trials, we must be able to find them.
And the key to finding minority patients is find more physicians from
their racial and ethnic groups because research has shown that
physicians are the gateway to the patient.
The Jackson Lee Amendment opens that gateway.
I urge support for the Jackson Lee Amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Texas will
be postponed.
Amendment No. 15 Offered by Ms. Jackson Lee
The Acting CHAIR. It is now in order to consider amendment No. 15
printed in part B of House Report 116-109.
Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 130, line 16, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 130, line 16, after the dollar amount, insert
``(increased by $10,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from Texas (Ms. Jackson Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chairman, let me take this opportunity to thank
Congresswoman DeLauro and her leadership as the chairwoman of this
subcommittee, and her ranking member, Mr. Cole. I had the privilege of
appearing before them in making my request, and so I want to thank them
for many of the requests. I don't want to be too celebratory and say
all of my requests, but I am very pleased that the investment in
healthcare, education, many of the issues that I was concerned about,
are well-invested, and it will be the kind of announcements that I will
be able to make in my district for the great needs that are needed.
My amendment is to emphasize the importance of a program that, when I
went to graduations, I saw students wearing banners, if you will, that
said the word ``TRIO;'' that they were graduating with the help of
TRIO. They were going on to college with the help of TRIO. And I was
very excited about
[[Page H4546]]
the opportunity of seeing, in living proof, the proud symbols of those
who had had a greater opportunity.
My amendment makes, again, a good bill even better by providing $10
million more to help ensure that TRIO students at the greatest risk of
not completing their degree program get additional assistance to finish
their education. I was excited when these students walked across the
stage going on to college with TRIO support.
TRIO is a set of seven federally-funded education opportunity
outreach programs that help low-income, first-generation students, and
students with disabilities, to pursue higher education.
There are many opportunities for individuals to go into the trades
and other disciplines, but many want to go to college.
The Upward Bound Program, the first Federal TRIO Program, was created
in 1964. Later, Talent Search was created. The TRIO name itself was
born four years later, when the Higher Education Act of 1965 was
amended to include Special Services for Disadvantaged Students.
So today, there are nine TRIO programs that I am excited about; and
my emphasis is to ensure that these programs are well-funded.
Even in my own community, I can tell you that TRIO is well-needed and
well-utilized.
Mr. Chairman, I ask my colleagues to support the Jackson Lee
amendment.
Mr. Chairman, could you tell me how much time is remaining?
The Acting CHAIR. The gentlewoman from Texas has 2\3/4\ minutes
remaining.
Ms. JACKSON LEE. Mr. Chairman, I yield 1 minute to the distinguished
gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Chairman, I rise in support of this amendment.
The TRIO programs provide student support services to students in
helping them to pursue and to complete a college education. These
students may be the first in their families to attend college or face
other challenges. The student support services provided under the TRIO
programs include tutoring, academic advice, financial aid counseling,
college preparation, and so much more.
To help our most vulnerable youth access and succeed in college, the
Labor-HHS bill increases funding for TRIO by $100 million, for a total
of $1.16 billion. And I can tell you, there is bipartisan support for
this effort because I know that Ranking Member Cole is a strong
supporter of the TRIO program. He recognizes its ability to help
youngsters be able to realize their dreams and their aspirations.
So I appreciate that the amendment is highlighting the importance of
providing services to encourage individuals from disadvantaged
backgrounds to enter, to complete college, and postgraduate education,
and I am happy to support it.
Ms. JACKSON LEE. Mr. Chairman, I am excited that, in 1986, we added
the Ronald E. McNair Postbaccalaureate Achievement Program--we all
remember him as a great astronaut who died in a horrific astronaut
calamity--to foster doctoral degree attainment by students from
underrepresented segments of society.
But, Mr. Chair, a young man went to the Upward Bound program at the
historically Black Texas Southern University. He graduated from
Sterling High School, but he grew up in extreme poverty, stricken with
food insecurities and difficult living conditions.
Poverty is not only a state of being, but a state of mind.
However, with the help of TRIO, he went on to acquire life skills,
strategies, and the support he needed to follow the dream of attending
the University of Texas at San Antonio, majoring in Construction
Science Management.
Not only did he graduate from UTSA, but he graduated with honors, and
he plans to attend graduate school in the fall. He is one of many
students that are impacted; and the more we focus on the at-risk
students, the more America continues to ascend to her greatest level.
We helped Terrance, who is a 40-year-old student that began working
on his GED at Houston Community College in 2005. He ultimately achieved
it 5 years later.
My amendment, again, is to emphasize the doors of opportunity, from
Ronald E. McNair, Student Support Services, Talent Search, the Training
Program for Federal TRIO Programs, Upward Bound, Upward Bound Math and
Science, and Veterans Upward Bound. It is encompassing of many aspects
of young people and those returning to school.
I ask my colleagues to support the Jackson Lee amendment, which
focuses on those at risk, and turns that at risk into success.
Mr. Chair, I wish to thank Chairman McGovern and Ranking Member Cole
of the Rules Committee for making this Jackson Lee Amendment in order.
I thank Chairwoman DeLauro and Ranking Member Cole for their hard
work in bringing Division A, the Labor-HHS portion of this omnibus
appropriations legislative package, to the floor.
I thank them all for this opportunity to explain the Jackson Lee
Amendment, which makes a good bill even better by providing $10 million
more to help ensure that TRIO students at the greatest risk of not
completing their degree program get additional assistance to finish
their education.
TRIO is a set of seven federally-funded educational opportunity
outreach programs that help low-income, first-generation students and
students with disabilities to pursue higher education.
The Upward Bound Program, the first Federal TRIO Program, was created
under the authority of the Economic Opportunity Act of 1964, as
amended.
A year later, Talent Search was created as part of the Higher
Education Act of 1965 to assist students applying for newly authorized
federal financial aid for postsecondary education.
The TRIO name itself was born four years later when the Higher
Education Act of 1965 was amended in 1968 to include the Special
Services for Disadvantaged Students program--what is now called Student
Support Services (SSS).
Since 1968, TRIO programs have been expanded to provide a wider range
of services.
Today, nine TRIO programs are included under the TRIO umbrella, seven
of which provide direct services to students.
The 1972 amendments to the Higher Education Act created Educational
Opportunity Centers (EOCs) to help adults select a postsecondary
education program and obtain financial aid.
Veterans Upward Bound (VUB) was also initiated in the 1972 as part of
the Upward Bound program to serve returning Vietnam veterans.
Amendments in 1986 added the Ronald E. McNair Postbaccalaureate
Achievement Program (McNair) to foster doctoral degree attainment by
students from underrepresented segments of society.
In 1990 the Upward Bound Math and Science (UBMS) program was
initiated as part of the Upward Bound program to address the need for
specific instruction in the fields of mathematics and science.
TRIO also includes a training program for project directors and other
staff of TRIO projects (Training Program for Federal TRIO Programs,
which was authorized in 1976).
The TRIO programs are administered by the Student Service area of the
Department's Office of Postsecondary Education.
TRIO includes: Educational Opportunity Centers; Ronald E. McNair
Postbaccalaureate Achievement; Student Support Services; Talent Search;
Training Program for Federal TRIO Programs Staff; Upward Bound; Upward
Bound Math-Science; and Veterans Upward Bound.
Currently serving nearly 790,000 students across America, TRIO
provides academic tutoring, personal counseling, mentoring, financial
guidance, and other supports necessary for educational access and
retention.
TRIO programs serve students from middle school and high school
(Talent Search, Upward Bound, Upward Bound Math-Science) to college and
postgraduate study (Student Support Services, Ronald E. McNair
Postbaccalaureate Achievement).
TRIO also provides services to adult learners (Educational
Opportunity Centers, Veterans Upward Bound).
Jackson Lee Amendment No. 15, adds $10 million in funding to assist
students at the greatest risk of not completing their degree program.
TRIO students can include teens to older adults trying make a career
move or complete a life goal of a GED or college degree.
I ask my colleagues to support this Jackson Lee Amendment.
LiTroy
TRIO/Upward Bound program at Texas Southern University
Story: Litroy Lambert graduated from Sterling High School in Houston
Texas in 2014.
He grew up in extreme poverty stricken with food insecurities and
difficult living conditions.
Poverty is not only a state of being it can too often become a state
of mind where dreams fester and die.
[[Page H4547]]
However, with the help of the TRIO/Upward Bound program at Texas
Southern University LiTroy was able to acquire the life skills,
strategies and the support he needed to follow his dreams of attending
the University of Texas at San Antonio (UTSA) majoring in Construction
Science Management.
Not only did LiTroy attend UTSA, but he also graduated with honors
and plans to attend graduate school in the fall.
LiTroy is one of many students whose lives have been dramatically
changed by the efforts of TRIO/Upward Bound programming and staff.
Stories from Houston Community College's (HCC) TRIO Educational
Opportunity Center:
Terrance, age 40
Terrance is a 40-year-old student that began working on his GED at
Houston Community College in 2005.
Upon meeting Terrance in his GED class, he explained that he had been
working on his GED off and on and was unsuccessful at completing his
GED because of the cost of the exam and his inability to pass certain
portions of the exam.
He is a father and has also worked odd jobs while attempting to
complete his GED.
TRIO offered Terrance an alternative to the GED exam, the HiSet,
which is an approved high school equivalency certification recognized
by the Texas Education Agency.
In addition to offering him an alternative exam, HCC provided him
with vouchers to cover the cost of the exam and within his first
attempt of taking the HiSet exam, he successfully earned his high
school equivalent certificate.
We assisted Terrance with applying for college and financial aid and
he is currently enrolled at and set to begin college classes this fall
to earn a Communications degree.
Stories from Houston Community College's TRIO Educational Opportunity
Center.
Eric, age 44
Eric is a 44-year-old student that began working on his GED in 1995,
stopped attending and then returned to complete his GED in 2017 when he
was unable to receive a promotion on his job because he did not have a
high school diploma.
After several attempts at the GED, Eric was unable to pass portions
of the GED exam because of his work schedule that prevented him from
attending class regularly.
Eric struggled with portions of the exam and TRIO offered him
tutorial services and the alternative HiSet exam.
Eric successfully passed the HiSet exam and earned his High School
Equivalent certificate.
TRIO also assisted Eric with applying for financial aid and college
admissions.
Eric will begin working on his pre-nursing courses in the fall so
that he can eventually apply to nursing school and receive a promotion
at his job.
Christina, age 65
Christina is a 65-year-old disabled student that contacted TRIO
because she had problems finding a program that would lead to a job.
She wants to get off disability and work in an office job so that she
can take care of herself without the limited income that disability
provides.
TRIO was able to advocate for Christina to get financial aid
reinstated because she was on probation when she attended previously,
due to the demands on her time because of having to care of her sick
husband, who died when she was in school.
The TRIO Educational Opportunity Center was also able to connect her
with free tuition that is offered by Houston Community College so that
she can maximize her financial aid.
We assisted Christina with finding a program that will give her the
technology/computer skills she needs that will lead to a job.
Christina is currently enrolled in summer classes and pursuing a
degree in Business Technology.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Texas will
be postponed.
Amendment No. 16 Offered by Mr. Pascrell
The Acting CHAIR. It is now in order to consider amendment No. 16
printed in part B of House Report 116-109.
Mr. PASCRELL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 53, line 2, after the dollar amount, insert
``(increased by $900,000)''.
Page 90, line 6, after the first dollar amount, insert
``(reduced by $900,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from New Jersey (Mr. Pascrell) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. PASCRELL. Mr. Chairman, I want to thank Congresswoman DeLauro and
Ranking Member Cole for their support for my amendment and support for
the fire services.
I rise as the proud co-chair of the Congressional Fire Service Caucus
to be on the front lines fighting for the brave men and women who put
their lives on the line every day.
We know that firefighters are routinely exposed to a variety of
carcinogens in chaotic and uncontrolled environments, but we do not
have a good sense of the full impacts of their exposure. This is why we
passed the Firefighter Cancer Registry Act into law last year. That
bill was championed by Representative Chris Collins of New York, and he
has cosponsored this amendment today.
Mr. Chairman, along my journey to create a National Firefighter
Cancer Registry I heard the struggle of a cancer survivor who has
dedicated--all of them dedicated their lives to the fire service. While
some beat the odds we, unfortunately, lost Fire Chief Gene
Dannenfelser, of the Haddon Heights Volunteer Fire Department in 2017.
Gene fought a courageous battle with 9/11-related lung cancer. To
honor him, and all those brothers and sisters struggling, we fought to
get this bill into law.
This bill directed the Centers for Disease Control to develop a
specialized cancer registry for firefighters to provide scientists and
medical professionals data to better understand cancer trends among our
firefighters. But for the registry to be effective, it needs the
resources to maximize firefighter participation.
I appreciate that the committee included a line item for the
registry. This amendment merely ensures the Firefighter Cancer Registry
is fully funded. The registry will help us improve our knowledge of
cancer incidence in firefighters.
Mr. Chairman, I include in the Record a letter from 11 fire services
organizations, including the International Association of Fire
Fighters, in support of this amendment.
June 7, 2019.
Hon. Bill Pascrell, Jr.,
Washington, DC.
Hon. Chris Collins,
Washington, DC.
Dear Congressman Pascrell & Congressman Collins: On behalf
of the nation's fire and emergency services, we write in
support of your amendment to H.R. 2740, the Fiscal Year 2020
Labor, Health and Human Services, Education, Legislative
Branch, Defense, State, Foreign Operations, and Energy and
Water Development Appropriations Act. Specifically, your
amendment will fully fund the Firefighter Cancer Registry at
the authorized level of $2.5 million.
During the 115th Congress, both the House and Senate
unanimously approved the Firefighter Cancer Registry Act
(P.L. 115-194). The bipartisan legislation instructed the
Centers for Disease Control and Prevention (CDC) to create a
specialized national registry to provide researchers and
epidemiologists with the tools and resources needed to
improve research collection activities related to the
monitoring of cancer incidence among firefighters.
Studies have indicated a strong link between firefighting
and an increased risk of several major cancers. However,
certain studies examining cancer risks among firefighters
have been limited by the availability of important data and
relatively small sample sizes that have an
underrepresentation of women, minorities, and volunteer
firefighters. As a result, public health researchers are
unable to fully examine and understand the broader
epidemiological cancer trends among firefighters. The
Firefighter Cancer Registry is an important resource to
better understand the link between firefighting and cancer,
potentially leading to better prevention and safety
protocols. It is critical that Congress fully fund the
program in Fiscal Year 2020 to ensure the CDC has adequate
resources to engage in a robust public outreach effort to
promote the Registry and encourage participation by a large
and diverse group of firefighters.
Thank you for offering this important amendment and your
continued leadership
[[Page H4548]]
and support for America's fire and emergency services.
Sincerely,
Congressional Fire Services Institute, Fire Apparatus
Manufacturers' Association, Fire and Emergency
Manufacturers and Services Association, International
Association of Arson Investigators, International
Association of Fire Chiefs, International Association
of Fire Fighters, International Fire Service Training
Association, International Society of Fire Service
Instructors, National Fallen Firefighters Foundation,
National Fire Protection Association, National
Volunteer Fire Council.
Mr. PASCRELL. Mr. Chairman, I reserve the balance of my time.
Mr. COLLINS of New York. Mr. Chairman, I rise in opposition, but I do
support the amendment.
The Acting CHAIR. Without objection, the gentleman from New York is
recognized for 5 minutes.
There was no objection.
Mr. COLLINS of New York. Mr. Chairman, I support this amendment
introduced by Congressman Pascrell, and I am a proud cosponsor in this
bipartisan effort to address the increased rate of cancer incidents
with firefighters.
While common sense tells us these emergency responders frequently
inhale smoke and other harmful substances, it is essential that a link
is identified between specific chemicals and diseases and cancers in
order to provide more safeguards for our first responders.
{time} 1745
This registry will allow the Centers for Disease Control to compile a
large database of cancer incidents amongst firefighters, and through
expanded research, we hope to develop new technologies, protocols, and
safeguards for these brave men and women.
Mr. Chair, I want to thank Chairwoman Lowey and Ranking Member
Granger for providing increased funding to the Firefighter Cancer
Registry compared to last year; however, it is vital that we secure the
full authorized amount of $2.5 million to ensure the registry can be
fully implemented by the CDC.
Mr. Chair, I am proud to have worked with Congressman Pascrell in
passing the Firefighter Cancer Registry Act last Congress, and look
forward to continue working together to support the firefighters who
risk their lives every day.
Mr. PASCRELL. Mr. Chair, I yield as much time as she may consume to
the gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Chair, I rise in support of this amendment.
The National Institute for Occupational Safety and Health, NIOSH, is
leading the effort to track the link between the workplace exposures of
firefighters and cancer. This registry will provide something that is a
more complete, broader representation of our firefighters in our
country compared to previous studies.
The underlying bill that we are considering includes an increase of
$600,000 to the National Firefighter Registry, and this amendment would
provide an additional increase of $900,000.
Mr. Chair, I thank the gentleman for offering this amendment to
highlight the importance of the health of our firefighters, first
responders who never say no. They were going up in the building on 9/11
while others were coming down in order to be able to survive, and so
many lost their lives on that day.
Mr. Chair, I urge my colleagues to vote ``yes.''
Mr. PASCRELL. Mr. Chair, I thank Madam Chair for her comments.
Mr. Chair, I strongly encourage my colleagues to join me in
supporting the amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Pascrell).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New Jersey
will be postponed.
Amendment No. 17 Offered by Mr. Danny K. Davis of Illinois
The Acting CHAIR. It is now in order to consider amendment No. 17
printed in part B of House Report 116-109.
Mr. DANNY K. DAVIS of Illinois. Mr. Chair, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 52, line 5, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 90, line 6, after the first dollar amount, insert
``(reduced by $2,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Illinois (Mr. Danny K. Davis) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Illinois.
Mr. DANNY K. DAVIS of Illinois. Mr. Chair, I yield myself such time
as I may consume.
First of all, I want to thank Representative Burgess and
Representative G.K. Butterfield, both of whom have been very helpful in
putting this amendment together.
The Davis-Burgess-Butterfield bipartisan amendment would increase the
funding to the account of the National Center on Birth Defects,
Development Disabilities, and Disabilities by $2 million and decrease
the administration account in the Office of the Secretary of Health and
Human Services by $2 million.
Currently, under this account, there is no money allocated for the
Public Health Approach to Blood Disorders Program for Sickle Cell
Disease. Increasing funding would support the CDC's sickle cell disease
surveillance program to better identify affected individuals, to
understand their health outcomes, and to evaluate strategies to prevent
complications and risk factors that affect individuals living with this
devastating disease.
The $2 million funding for the Davis-Burgess-Butterfield amendment
would assist in establishing a grant program for States representing a
majority of the sickle cell disease patient population. The current
surveillance conducted by the CDC is limited to the States of
California and Georgia.
The data accumulated under this grant program, authorized by Public
Law 115-327, would cover associated health outcomes, would identify
health disparities, and would evaluate the impact of genetic,
environmental, behavioral, and other risk factors that may impact
health.
Mr. Chair, I reserve the balance of my time.
Mr. BURGESS. Mr. Chair, I claim the time in opposition to the
amendment, even though I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman from Texas is
recognized for 5 minutes.
There was no objection.
Mr. BURGESS. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I am glad to be cosponsoring this amendment and partnering
with Representative Danny K. Davis once again to continue this
important work that we did in sending the Sickle Cell Disease and Other
Heritable Blood Disorders Research Surveillance, Prevention, and
Treatment Act of 2018 to the President's desk last December.
In all the hubbub of the election cycle in the fall of 2018, it is
easy to lose sight of some of the accomplishments, but this was a
significant accomplishment of the last Congress.
Mr. Chair, I made a commitment to Mr. Davis at the beginning of the
last Congress that, as chairman of the Subcommittee on Health of the
Energy and Commerce Committee, I would make the passage of his sickle
cell reauthorization bill a priority.
This was important. It had been years since this bill had been
reauthorized. It first passed in 1972. The last reauthorization was
part of a tax bill that was signed into law by George Bush in 2004.
In the fall of 2018, after nearly 20 months of work, the House passed
their product in February of 2017, and the Senate did. It is to be
commended that the other body did act, and Senator Tim Scott of South
Carolina and Senator Corey Booker of New Jersey got a bill through the
Senate and brought it back to the House, where it was passed and then
sent down to the President of the United States for his signature.
President Trump did indeed sign the first stand-alone sickle cell
reauthorization in decades, and this was signed last December.
[[Page H4549]]
Mr. Chair, when we had a hearing on sickle cell in the summer of
2016, one of the witnesses, a witness from the Sickle Cell Disease
Advocates Alliance, came and spoke to our subcommittee and said it had
been decades since the Food and Drug Administration had approved a new
therapy for sickle cell, hydroxyurea, decades ago.
Then in 2017, the Food and Drug Administration approved Endari, which
was the first new therapy in years.
Earlier this year, Dr. Francis Collins went on ``60 Minutes'' and
said that we can now use the word ``cure'' because of a new gene
editing treatment that relieves these patients of their crippling
symptoms and enables them to lead regular lives. This is a spelling
error of two bases, a transcription error of two bases in the part of
the gene that encodes for the hemoglobin molecule. The National
Institutes of Health is now talking about providing a therapy for that,
that, in fact, we can talk about the word ``cure.'' So this amendment
is a downpayment on that cure.
Mr. Chair, I certainly thank Mr. Davis for his years of dedication to
moving these projects forward.
This amendment provides $2 million for the Public Health Approach to
Blood Disorders Program for Sickle Cell Disease and support for the CDC
sickle cell disease surveillance program.
Years and years and years ago, I worked at Parkland Hospital. I took
care of patients with sickle cell, kids that would come to the
emergency room in crisis, a very, very painful condition. We didn't
have much to offer back then: hydration with an IV, Thorazine so that
they wouldn't climb the walls, and morphine to try to help their pain,
but it really wasn't nearly enough.
Every one of those painful crises was accompanied by destruction,
destruction that went on within their bodies because of these sickle
cells that were cramped up inside blood vessels and killed kidney
cells, killed liver cells, killed bone marrow cells. These kids hurt
worse than anything I have ever seen, and now we are talking about
providing them the opportunity to lead a regular life.
This is powerful stuff. That shows what this Congress can do when
they put together their partisan differences.
Mr. Chair, I really do want to thank Mr. Davis of Illinois for his
efforts. I mean, he has pushed this issue by himself for years and
years.
Mr. Chair, I am proud to have been a small part of that when we got
the bill across the floor of the House and into the office of the
President of the United States. I am proud of President Trump for
signing the first stand-alone sickle cell reauthorization in decades.
Now I am proud to stand on the floor with Representative Davis and
see if we can't get just a little additional funding to get this one
pushed a little further down the line because of the unbelievable,
unparalleled good we are going to do with this.
Think of what the cost to this country was for doing nothing for 40
years on this illness. When people say this treatment is going to be
expensive, yes, it will be expensive, but what is the cost of doing
nothing?
Mr. Chair, this is an important amendment. I urge an ``aye'' vote on
Mr. Davis' amendment.
Mr. Chair, I yield back the balance of my time.
Mr. DANNY K. DAVIS of Illinois. Mr. Chairman, I include in the Record
this letter of support from the American Society of Hematology and the
Sickle Cell Disease Association of America.
American Society of Hematology and the Sickle Cell
Disease Association of America, Inc.
June 12, 2019.
Hon. Danny Davis,
House of Representatives,
Washington, DC.
Hon. Michael Burgess,
House of Representatives,
Washington, DC.
Hon. G.K. Butterfield,
House of Representatives,
Washington, DC.
Dear Representatives Davis, Burgess, and Butterfield: The
American Society of Hematology (ASH) and the Sickle Cell
Disease Association of America (SCDAA) strongly support your
amendment to provide $2 million in funding for the sickle
cell disease (SCD) data collection program authorized by the
Sickle Cell Disease Research, Surveillance, Prevention, and
Treatment Act of 2018 (Public Law 115-327). Your amendment
will enable the CDC to expand its efforts to improve SCD
surveillance in the United States.
The Davis/Burgess/Butterfield amendment will add $2 M in
funding to the National Center for Birth Defects and
Developmental Disabilities, Public Health Approach to Blood
Disorders account. This program currently oversees SCD public
health surveillance in the states of California and Georgia
and has recently released a grant announcement for additional
states to take the necessary steps to engage in SCD data
collection. The amendment will enable additional high
incidence states to undertake SCD surveillance.
The CDC estimates that SCD affects nearly 100,000
Americans; however, absent a nationwide surveillance program,
we are not confident of this estimate, nor do we know where
individuals with SCD live, how they receive care or if they
have access to healthcare providers with expertise in SCD.
Surveillance is necessary to improve understanding of the
health outcomes and health care system utilization patterns
of people with SCD, increase evidence for public health
programs, and establish cost effective practices to improve
and extend the lives of people with SCD.
SCD is an inherited, lifelong disorder that causes a
person's red blood cells to become deformed and get stuck in
veins, blocking oxygen flow throughout the body. This
devastating disease can cause complications including severe
pain, stroke, acute chest syndrome, organ damage, and in some
cases premature death. The many complications of SCD can make
every stage of life extremely challenging for individuals
with the disease. This is compounded by the fact that many
people living with SCD are unable to access quality care and
are limited by a lack of effective treatment options.
ASH represents more than 17,000 physicians, researchers,
and medical trainees committed to the study and treatment of
blood and blood-related diseases and disorders, including
SCD. SCDAA's mission is to advocate for people affected by
sickle cell conditions and empower community-based
organizations to maximize quality of life and raise public
consciousness while advancing the search for a universal
cure.
Thank you again for your leadership to improve ``the lives
of individuals living with SCD. Expansion of CDC's work in
SCD will significantly help improve our understanding of the
disorder and in turn, improve healthcare outcomes for
individuals with SCD.
Sincerely,
Roy L. Silverstein, MD,
ASH President.
Beverly Francis-Gibson, M.A,
SCDAA President and Chief Executive Officer.
Mr. DANNY K. DAVIS of Illinois. Mr. Chair, I yield such time as she
may consume to the gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Chair, I thank my colleague for yielding, and I rise
in support of this amendment.
Sickle cell disease is a major public health concern. It affects an
estimated 100,000 Americans, with a disproportionate effect on African
Americans.
People living with sickle cell disease experience significant pain
and life-threatening complications.
The Centers for Disease Control and Prevention is working to better
identify affected individuals, to understand their health outcomes, and
to evaluate strategies to prevent complications and factors that affect
individuals living with sickle cell disease.
We may be close to a cure for sickle cell disease because of gene
editing, making it all the more important for us to work with people
who live day after day with sickle cell.
Mr. Chair, I commend the gentleman for raising attention about this
important program, and I urge my colleagues to support this amendment.
Mr. DANNY K. DAVIS of Illinois. Mr. Chairman, I simply want to
commend and thank, again, Dr. Burgess for not only his passion, but the
tremendous work and effort that he has put forth over the years to help
make sure that this population group gets the service and attention
that they deserve.
Mr. Chair, I thank Representative DeLauro for her comments,
especially the fact that many researchers believe that they are very
close to finding a cure for sickle cell anemia, and this just moves us
one step further.
Mr. Chair, I urge adoption, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Danny K. Davis).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. BURGESS. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by
[[Page H4550]]
the gentleman from Illinois will be postponed.
Announcement by the Acting Chair
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in part B of House Report
116-109 on which further proceedings were postponed, in the following
order:
Amendment No. 2 by Mr. McGovern of Massachusetts.
Amendment No. 4 by Ms. Shalala of Florida.
Amendment No. 5 by Mr. DeSaulnier of California.
Amendment No. 6 by Mr. DeSaulnier of California.
Amendment No. 7 by Mr. DeSaulnier of California.
Amendment No. 8 by Mr. DeSaulnier of California.
Amendment No. 11 by Mr. Smith of New Jersey.
Amendment No. 12 by Mr. Scott of Virginia.
Amendment No. 13 by Mr. DeFazio of Oregon.
Amendment No. 14 by Ms. Jackson Lee of Texas.
Amendment No. 15 by Ms. Jackson Lee of Texas.
Amendment No. 16 by Mr. Pascrell of New Jersey.
Amendment No. 17 by Mr. Danny K. Davis of Illinois.
The Chair will reduce to 2 minutes the time for any electronic vote
after the first vote in this series.
{time} 1800
Amendment No. 2 Offered by Mr. McGovern
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from
Massachusetts (Mr. McGovern) on which further proceedings were
postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 338,
noes 83, not voting 17, as follows:
[Roll No. 251]
AYES--338
Adams
Aderholt
Aguilar
Allred
Amodei
Armstrong
Arrington
Axne
Baird
Balderson
Barr
Barragan
Bass
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (NY)
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Cummings
Cunningham
Curtis
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duffy
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Fortenberry
Foster
Frankel
Fudge
Gabbard
Gaetz
Gallagher
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (OH)
Gottheimer
Granger
Graves (LA)
Graves (MO)
Green (TX)
Grijalva
Grothman
Guest
Guthrie
Haaland
Harder (CA)
Harris
Hartzler
Hayes
Heck
Higgins (NY)
Hill (AR)
Hill (CA)
Himes
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hudson
Huffman
Hurd (TX)
Jayapal
Jeffries
Johnson (GA)
Johnson (OH)
Johnson (TX)
Joyce (OH)
Joyce (PA)
Kaptur
Katko
Keating
Keller
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster (NH)
LaMalfa
Lamb
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Lesko
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Marshall
Matsui
McAdams
McBath
McCarthy
McCaul
McCollum
McEachin
McGovern
McHenry
McKinley
McNerney
Meadows
Meeks
Meng
Miller
Mitchell
Moolenaar
Mooney (WV)
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Norton
Nunes
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pence
Perlmutter
Perry
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Posey
Pressley
Price (NC)
Quigley
Raskin
Ratcliffe
Reed
Reschenthaler
Rice (NY)
Rice (SC)
Richmond
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Speier
Stanton
Stauber
Stefanik
Steil
Stevens
Stewart
Stivers
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walorski
Waltz
Wasserman Schultz
Waters
Watkins
Watson Coleman
Webster (FL)
Welch
Wenstrup
Wexton
Wild
Wilson (FL)
Wilson (SC)
Womack
Woodall
Yarmuth
Young
NOES--83
Abraham
Allen
Amash
Babin
Bacon
Banks
Biggs
Bishop (UT)
Brady
Brooks (AL)
Bucshon
Budd
Burchett
Burgess
Byrne
Carter (GA)
Carter (TX)
Cheney
Cline
Cloud
Collins (GA)
Comer
Conaway
Davidson (OH)
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Foxx (NC)
Fulcher
Gibbs
Gohmert
Gooden
Gosar
Griffith
Hagedorn
Hern, Kevin
Hice (GA)
Higgins (LA)
Holding
Huizenga
Hunter
Johnson (LA)
Johnson (SD)
Jordan
Kelly (MS)
Kustoff (TN)
LaHood
Lamborn
Loudermilk
Luetkemeyer
Marchant
Massie
Mast
McClintock
Meuser
Mullin
Norman
Olson
Palazzo
Palmer
Rogers (AL)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Scalise
Scott, Austin
Smith (NE)
Spano
Steube
Taylor
Timmons
Walker
Weber (TX)
Westerman
Williams
Wittman
Yoho
Zeldin
NOT VOTING--17
Bost
Buck
Gianforte
Gonzalez (TX)
Gonzalez-Colon (PR)
Graves (GA)
Green (TN)
Hastings
Herrera Beutler
Hoyer
Jackson Lee
Radewagen
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
{time} 1827
Messrs. PALMER, WESTERMAN, KELLY of Mississippi, BURCHETT, BISHOP of
Utah, and BACON changed their vote from ``aye'' to ``no.''
Messrs. ARMSTRONG, WENSTRUP, MEADOWS, GUTHRIE, RICE of South
Carolina, WEBSTER of Florida, THOMPSON of Pennsylvania, and SMUCKER
changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 4 Offered by Ms. Shalala
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Florida
(Ms. Shalala) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 243,
noes 179, not voting 16, as follows:
[Roll No. 252]
AYES--243
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
[[Page H4551]]
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Fortenberry
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Green (TX)
Grijalva
Haaland
Harder (CA)
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Huffman
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCaul
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
Norton
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reed
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
Young
NOES--179
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gibbs
Gohmert
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Peterson
Posey
Ratcliffe
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Wagner
Walberg
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoho
Zeldin
NOT VOTING--16
Bost
Buck
Clarke (NY)
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Hoyer
Radewagen
Sablan
San Nicolas
Sanchez
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1832
Mr. WATKINS changed his vote from ``aye'' to ``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 5 Offered by Mr. DeSaulnier
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. DeSaulnier) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 290,
noes 134, not voting 14, as follows:
[Roll No. 253]
AYES--290
Adams
Aderholt
Aguilar
Allred
Amodei
Axne
Bacon
Barragan
Bass
Beatty
Bera
Bergman
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (NY)
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duffy
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Fortenberry
Foster
Frankel
Fudge
Gabbard
Gallagher
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Graves (LA)
Green (TX)
Grijalva
Guthrie
Haaland
Harder (CA)
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hudson
Huffman
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (OH)
Johnson (TX)
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCaul
McCollum
McEachin
McGovern
McKinley
McNerney
Meeks
Meng
Mitchell
Moolenaar
Mooney (WV)
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Norton
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reed
Reschenthaler
Rice (NY)
Richmond
Roby
Rodgers (WA)
Rogers (KY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Speier
Stanton
Stauber
Stevens
Stivers
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Wasserman Schultz
Waters
Watson Coleman
Welch
Wenstrup
Wexton
Wild
Wilson (FL)
Womack
Woodall
Yarmuth
Young
NOES--134
Abraham
Allen
Amash
Armstrong
Arrington
Babin
Baird
Balderson
Banks
Barr
Biggs
Bilirakis
Bishop (UT)
Brady
Brooks (AL)
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Cheney
Cline
Cloud
Collins (GA)
Comer
Conaway
Cook
Crenshaw
Curtis
Davidson (OH)
DesJarlais
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Foxx (NC)
Fulcher
[[Page H4552]]
Gaetz
Gibbs
Gohmert
Gooden
Gosar
Granger
Graves (GA)
Graves (MO)
Griffith
Grothman
Guest
Hagedorn
Harris
Hartzler
Hern, Kevin
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Huizenga
Hunter
Johnson (LA)
Johnson (SD)
Jordan
Joyce (PA)
Keller
Kelly (MS)
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McClintock
McHenry
Meadows
Meuser
Miller
Mullin
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Rice (SC)
Riggleman
Roe, David P.
Rogers (AL)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Scalise
Schweikert
Scott, Austin
Smith (NE)
Spano
Stefanik
Steil
Steube
Stewart
Taylor
Thornberry
Timmons
Tipton
Turner
Wagner
Walberg
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Westerman
Williams
Wilson (SC)
Wittman
Yoho
Zeldin
NOT VOTING--14
Bost
Buck
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Hoyer
Radewagen
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Speaker Pro Tempore
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1836
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 6 Offered by Mr. DeSaulnier
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. DeSaulnier) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 381,
noes 42, not voting 15, as follows:
[Roll No. 254]
AYES--381
Abraham
Adams
Aderholt
Aguilar
Allen
Allred
Amodei
Armstrong
Arrington
Axne
Bacon
Baird
Balderson
Banks
Barr
Barragan
Bass
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Budd
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cloud
Clyburn
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Cummings
Cunningham
Curtis
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duffy
Emmer
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Flores
Fortenberry
Foster
Foxx (NC)
Frankel
Fudge
Gabbard
Gallagher
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gibbs
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Granger
Graves (LA)
Graves (MO)
Green (TX)
Griffith
Grijalva
Grothman
Guest
Guthrie
Haaland
Hagedorn
Harder (CA)
Hartzler
Hayes
Heck
Higgins (LA)
Higgins (NY)
Hill (AR)
Hill (CA)
Himes
Holding
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hudson
Huffman
Hunter
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Joyce (OH)
Joyce (PA)
Kaptur
Katko
Keating
Keller
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamb
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Lesko
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Long
Loudermilk
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Marchant
Massie
Mast
Matsui
McAdams
McBath
McCarthy
McCaul
McCollum
McEachin
McGovern
McHenry
McKinley
McNerney
Meadows
Meeks
Meng
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Moore
Morelle
Moulton
Mucarsel-Powell
Mullin
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Norton
Nunes
O'Halleran
Ocasio-Cortez
Omar
Palazzo
Pallone
Palmer
Panetta
Pappas
Pascrell
Payne
Pence
Perlmutter
Perry
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Ratcliffe
Reed
Reschenthaler
Rice (NY)
Richmond
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rooney (FL)
Rose (NY)
Rose, John W.
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scalise
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Spano
Speier
Stanton
Stauber
Stefanik
Steil
Steube
Stevens
Stewart
Stivers
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Wasserman Schultz
Waters
Watkins
Watson Coleman
Welch
Wenstrup
Westerman
Wexton
Wild
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Young
Zeldin
NOES--42
Amash
Babin
Biggs
Bishop (UT)
Brooks (AL)
Burchett
Burgess
Byrne
Cheney
Cline
Comer
Davidson (OH)
Duncan
Dunn
Estes
Ferguson
Fulcher
Gaetz
Gohmert
Gooden
Gosar
Graves (GA)
Harris
Hern, Kevin
Hice (GA)
Huizenga
Jordan
Lamborn
Marshall
McClintock
Norman
Olson
Posey
Rice (SC)
Rogers (AL)
Rouzer
Roy
Taylor
Timmons
Weber (TX)
Webster (FL)
Yoho
NOT VOTING--15
Bost
Buck
Davis, Rodney
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Hoyer
Radewagen
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1841
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 7 Offered by Mr. DeSaulnier
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. DeSaulnier) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 347,
noes 76, not voting 56, as follows:
[Roll No. 255]
AYES--347
Adams
Aderholt
Aguilar
Allen
Allred
Amodei
Armstrong
Axne
Bacon
Baird
Balderson
Banks
Barr
Barragan
Bass
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crenshaw
[[Page H4553]]
Crist
Crow
Cuellar
Cummings
Cunningham
Curtis
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duffy
Duncan
Emmer
Engel
Escobar
Eshoo
Espaillat
Estes
Evans
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Fortenberry
Foster
Foxx (NC)
Frankel
Fudge
Gabbard
Gallagher
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gibbs
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Graves (LA)
Green (TX)
Grijalva
Guthrie
Haaland
Harder (CA)
Hartzler
Hayes
Heck
Higgins (NY)
Hill (AR)
Hill (CA)
Himes
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hudson
Huffman
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Joyce (OH)
Joyce (PA)
Kaptur
Katko
Keating
Keller
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster (NH)
LaHood
Lamb
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Lesko
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Mast
Matsui
McAdams
McBath
McCarthy
McCaul
McCollum
McEachin
McGovern
McHenry
McKinley
McNerney
Meeks
Meng
Miller
Mitchell
Moolenaar
Moore
Morelle
Moulton
Mucarsel-Powell
Mullin
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Norton
Nunes
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pence
Perlmutter
Perry
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Ratcliffe
Reed
Reschenthaler
Rice (NY)
Richmond
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rooney (FL)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Speier
Stanton
Stauber
Stefanik
Steil
Stevens
Stewart
Stivers
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walorski
Waltz
Wasserman Schultz
Waters
Watkins
Watson Coleman
Welch
Wenstrup
Westerman
Wexton
Wild
Wilson (FL)
Wilson (SC)
Womack
Yarmuth
Young
NOES--76
Abraham
Amash
Arrington
Babin
Biggs
Bishop (UT)
Brooks (AL)
Budd
Burchett
Burgess
Byrne
Carter (TX)
Cheney
Cline
Cloud
Comer
DesJarlais
Dunn
Ferguson
Flores
Fulcher
Gaetz
Gohmert
Gooden
Gosar
Granger
Graves (GA)
Graves (MO)
Griffith
Grothman
Guest
Hagedorn
Harris
Hern, Kevin
Hice (GA)
Higgins (LA)
Holding
Huizenga
Hunter
Johnson (LA)
Jordan
Kustoff (TN)
LaMalfa
Lamborn
Loudermilk
Marchant
Marshall
Massie
McClintock
Meadows
Meuser
Mooney (WV)
Norman
Olson
Palazzo
Palmer
Posey
Rice (SC)
Rogers (AL)
Rose, John W.
Rouzer
Roy
Scalise
Scott, Austin
Spano
Steube
Taylor
Timmons
Walker
Weber (TX)
Webster (FL)
Williams
Wittman
Woodall
Yoho
Zeldin
NOT VOTING--15
Bost
Buck
Davidson (OH)
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Hoyer
Radewagen
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting CHAIR (Ms. Ocasio-Cortez) (during the vote). There is 1
minute remaining.
{time} 1844
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 8 Offered by Mr. DeSaulnier
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. DeSaulnier) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 369,
noes 55, not voting 14, as follows:
[Roll No. 256]
AYES--369
Adams
Aderholt
Aguilar
Allen
Allred
Amodei
Armstrong
Arrington
Axne
Bacon
Baird
Balderson
Barr
Barragan
Bass
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Budd
Burchett
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duffy
Emmer
Engel
Escobar
Eshoo
Espaillat
Estes
Evans
Ferguson
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Flores
Fortenberry
Foster
Foxx (NC)
Frankel
Fudge
Gabbard
Gallagher
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gibbs
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Granger
Graves (LA)
Graves (MO)
Green (TX)
Grijalva
Guthrie
Haaland
Hagedorn
Harder (CA)
Hartzler
Hayes
Heck
Higgins (NY)
Hill (AR)
Hill (CA)
Himes
Holding
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hudson
Huffman
Huizenga
Hunter
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Joyce (OH)
Kaptur
Katko
Keating
Keller
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamb
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Lesko
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Marchant
Mast
Matsui
McAdams
McBath
McCarthy
McCaul
McCollum
McEachin
McGovern
McHenry
McKinley
McNerney
Meadows
Meeks
Meng
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Norton
Nunes
O'Halleran
Ocasio-Cortez
Olson
Omar
Palazzo
Pallone
Panetta
Pappas
Pascrell
Payne
Pence
Perlmutter
Perry
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Ratcliffe
Reed
Rice (NY)
Rice (SC)
Richmond
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rose (NY)
Rose, John W.
Rouda
Rouzer
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Spano
Speier
Stanton
Stauber
Stefanik
Steil
Stevens
Stewart
Stivers
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Wasserman Schultz
Waters
Watkins
Watson Coleman
Weber (TX)
Welch
Wenstrup
Wexton
Wild
Wilson (FL)
Wilson (SC)
[[Page H4554]]
Wittman
Womack
Woodall
Yarmuth
Young
Zeldin
NOES--55
Abraham
Amash
Babin
Banks
Biggs
Bishop (UT)
Brady
Brooks (AL)
Burgess
Byrne
Cheney
Cline
Cloud
Comer
Curtis
Davidson (OH)
Duncan
Dunn
Fulcher
Gaetz
Gohmert
Gooden
Gosar
Graves (GA)
Griffith
Grothman
Guest
Harris
Hern, Kevin
Hice (GA)
Higgins (LA)
Jordan
Joyce (PA)
Lamborn
Long
Loudermilk
Marshall
Massie
McClintock
Mullin
Norman
Palmer
Posey
Reschenthaler
Rogers (AL)
Rooney (FL)
Roy
Scalise
Steube
Taylor
Timmons
Webster (FL)
Westerman
Williams
Yoho
NOT VOTING--14
Bost
Buck
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Hoyer
Radewagen
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1848
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 11 Offered by Mr. Smith of New Jersey
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from New Jersey
(Mr. Smith) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 413,
noes 11, not voting 14, as follows:
[Roll No. 257]
AYES--413
Abraham
Adams
Aderholt
Allen
Allred
Amodei
Armstrong
Arrington
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Barragan
Bass
Beatty
Bera
Bergman
Beyer
Biggs
Bilirakis
Bishop (GA)
Bishop (UT)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Budd
Burchett
Burgess
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Cheney
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cline
Cloud
Clyburn
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Cummings
Cunningham
Curtis
Davids (KS)
Davidson (OH)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duffy
Duncan
Dunn
Emmer
Engel
Escobar
Eshoo
Espaillat
Estes
Evans
Ferguson
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Flores
Fortenberry
Foster
Frankel
Fudge
Fulcher
Gabbard
Gaetz
Gallagher
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gibbs
Gohmert
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gooden
Gosar
Gottheimer
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TX)
Grijalva
Grothman
Guest
Guthrie
Haaland
Hagedorn
Harder (CA)
Harris
Hartzler
Hayes
Heck
Hern, Kevin
Higgins (LA)
Higgins (NY)
Hill (AR)
Hill (CA)
Himes
Holding
Hollingsworth
Horn, Kendra S.
Houlahan
Hudson
Huffman
Huizenga
Hunter
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Jordan
Joyce (OH)
Joyce (PA)
Kaptur
Katko
Keating
Keller
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Lesko
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Long
Loudermilk
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Marchant
Marshall
Massie
Matsui
McAdams
McBath
McCarthy
McCaul
McClintock
McCollum
McEachin
McGovern
McHenry
McKinley
McNerney
Meadows
Meeks
Meng
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Moore
Morelle
Moulton
Mucarsel-Powell
Mullin
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Norton
Nunes
O'Halleran
Ocasio-Cortez
Olson
Omar
Palazzo
Pallone
Palmer
Panetta
Pappas
Pascrell
Payne
Pence
Perlmutter
Perry
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Posey
Pressley
Price (NC)
Quigley
Raskin
Ratcliffe
Reed
Reschenthaler
Rice (NY)
Rice (SC)
Richmond
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose (NY)
Rose, John W.
Rouda
Rouzer
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scalise
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Spano
Speier
Stanton
Stauber
Stefanik
Steil
Steube
Stevens
Stewart
Stivers
Suozzi
Takano
Taylor
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Timmons
Tipton
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Wasserman Schultz
Waters
Watkins
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Wexton
Wild
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoho
Young
Zeldin
NOES--11
Aguilar
Amash
Byrne
Foxx (NC)
Griffith
Hice (GA)
Horsford
Mast
Norman
Rooney (FL)
Roy
NOT VOTING--14
Bost
Buck
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Hoyer
Radewagen
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1853
Mr. MULLIN and Ms. BASS changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 12 Offered by Mr. Scott of Virginia
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Scott) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 241,
noes 181, not voting 16, as follows:
[Roll No. 258]
AYES--241
Adams
Aguilar
Allred
Axne
Barragan
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
[[Page H4555]]
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green (TX)
Griffith
Grijalva
Haaland
Harder (CA)
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (NY)
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
Norton
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stauber
Stefanik
Stevens
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--181
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
King (IA)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Scott, Austin
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoho
Young
Zeldin
NOT VOTING--16
Bass
Bost
Buck
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Hoyer
Radewagen
Sablan
San Nicolas
Sensenbrenner
Sherman
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting Chair (during the vote). There is 1 minute remaining.
{time} 1858
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. SHERMAN. Madam Chair, had I been present, I would have voted
``yea'' on rollcall No. 258.
Amendment No. 13 Offered by Mr. DeFazio
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Oregon
(Mr. DeFazio) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 313,
noes 109, not voting 16, as follows:
[Roll No. 259]
AYES--313
Adams
Aderholt
Aguilar
Allred
Amodei
Axne
Babin
Bacon
Barr
Barragan
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (GA)
Bishop (UT)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (NY)
Comer
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Curtis
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duffy
Emmer
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Fortenberry
Foster
Frankel
Fudge
Fulcher
Gabbard
Gallagher
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Granger
Graves (LA)
Green (TX)
Griffith
Grijalva
Guest
Guthrie
Haaland
Hagedorn
Harder (CA)
Harris
Hartzler
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Huffman
Hunter
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (SD)
Johnson (TX)
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster (NH)
LaMalfa
Lamb
Lamborn
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Lesko
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Mast
Matsui
McAdams
McBath
McCarthy
McCaul
McCollum
McEachin
McGovern
McHenry
McKinley
McNerney
Meadows
Meeks
Meng
Moolenaar
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Norton
Nunes
O'Halleran
Ocasio-Cortez
Omar
Palazzo
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Posey
Pressley
Price (NC)
Quigley
Raskin
Reed
Reschenthaler
Rice (NY)
Richmond
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Simpson
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Soto
Spanberger
Spano
Speier
Stanton
Stauber
Stefanik
Steil
Stevens
Stewart
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Tipton
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Waltz
Wasserman Schultz
Waters
Watson Coleman
Webster (FL)
Welch
Westerman
Wexton
Wild
Wilson (FL)
Yarmuth
Young
NOES--109
Abraham
Allen
Amash
Armstrong
Arrington
Baird
Balderson
Banks
Biggs
Brady
Brooks (AL)
Buchanan
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Collins (GA)
Conaway
Crawford
Crenshaw
Davidson (OH)
DesJarlais
Duncan
Dunn
Estes
Ferguson
Flores
Foxx (NC)
Gaetz
Gibbs
Gohmert
Gooden
Gosar
Graves (GA)
Graves (MO)
Grothman
Hern, Kevin
[[Page H4556]]
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Johnson (LA)
Johnson (OH)
Jordan
Joyce (PA)
Keller
Kelly (MS)
Kustoff (TN)
LaHood
Latta
Long
Loudermilk
Marchant
Marshall
Massie
McClintock
Meuser
Miller
Mitchell
Mooney (WV)
Mullin
Norman
Olson
Palmer
Pence
Perry
Rice (SC)
Riggleman
Rogers (AL)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Scalise
Scott, Austin
Shimkus
Smucker
Steube
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Turner
Wagner
Walberg
Walker
Walorski
Watkins
Weber (TX)
Wenstrup
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoho
Zeldin
NOT VOTING--16
Bass
Bost
Buck
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Hoyer
Radewagen
Ratcliffe
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting Chair (during the vote). There is 1 minute remaining.
{time} 1901
Mr. KELLY of Mississippi changed his vote from ``aye'' to ``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 14 Offered by Ms. Jackson Lee
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Texas
(Ms. Jackson Lee) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 317,
noes 105, not voting 16, as follows:
[Roll No. 260]
AYES--317
Adams
Aderholt
Aguilar
Allred
Amodei
Axne
Bacon
Barr
Barragan
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Budd
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (NY)
Conaway
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Emmer
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Fortenberry
Foster
Foxx (NC)
Frankel
Fudge
Gabbard
Garamendi
Garcia (IL)
Garcia (TX)
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Graves (LA)
Green (TX)
Grijalva
Guest
Guthrie
Haaland
Harder (CA)
Hayes
Heck
Higgins (LA)
Higgins (NY)
Hill (AR)
Hill (CA)
Himes
Holding
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Hudson
Huffman
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson (TX)
Joyce (OH)
Joyce (PA)
Kaptur
Katko
Keating
Keller
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (NY)
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCarthy
McCaul
McCollum
McEachin
McGovern
McHenry
McNerney
Meeks
Meng
Meuser
Moolenaar
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Norton
Nunes
O'Halleran
Ocasio-Cortez
Omar
Palazzo
Pallone
Panetta
Pappas
Pascrell
Payne
Pence
Perlmutter
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reed
Reschenthaler
Rice (NY)
Richmond
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rooney (FL)
Rose (NY)
Rouda
Rouzer
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Speier
Stanton
Stauber
Stefanik
Steil
Stevens
Stewart
Stivers
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walden
Walorski
Waltz
Wasserman Schultz
Waters
Watson Coleman
Welch
Wenstrup
Wexton
Wild
Williams
Wilson (FL)
Womack
Woodall
Yarmuth
NOES--105
Abraham
Allen
Amash
Armstrong
Arrington
Babin
Baird
Balderson
Banks
Biggs
Bishop (UT)
Brady
Brooks (AL)
Burchett
Burgess
Byrne
Carter (GA)
Carter (TX)
Cheney
Cline
Cloud
Collins (GA)
Comer
Cook
Curtis
Davidson (OH)
DesJarlais
Duffy
Duncan
Dunn
Estes
Ferguson
Flores
Fulcher
Gaetz
Gallagher
Gibbs
Gohmert
Golden
Gooden
Gosar
Granger
Graves (GA)
Graves (MO)
Griffith
Grothman
Hagedorn
Harris
Hartzler
Hern, Kevin
Hice (GA)
Huizenga
Hunter
Johnson (SD)
Jordan
Kelly (MS)
King (IA)
Kinzinger
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Marchant
Marshall
Massie
Mast
McClintock
McKinley
Meadows
Miller
Mitchell
Mooney (WV)
Mullin
Norman
Olson
Palmer
Perry
Posey
Rice (SC)
Rogers (AL)
Rose, John W.
Roy
Scalise
Scott, Austin
Smith (NE)
Spano
Steube
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Walberg
Walker
Watkins
Weber (TX)
Webster (FL)
Westerman
Wilson (SC)
Wittman
Yoho
Young
Zeldin
NOT VOTING--16
Bass
Bost
Buck
Gallego
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Radewagen
Ratcliffe
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting Chair (during the vote). There is 1 minute remaining.
{time} 1905
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 15 Offered by Ms. Jackson Lee
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Texas
(Ms. Jackson Lee) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 312,
noes 109, not voting 17, as follows:
[Roll No. 261]
AYES--312
Adams
Aderholt
Aguilar
Allred
Amodei
Armstrong
Axne
Barr
Barragan
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (NY)
Conaway
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
[[Page H4557]]
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Emmer
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Fortenberry
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Granger
Graves (LA)
Green (TX)
Grijalva
Guthrie
Haaland
Harder (CA)
Hartzler
Hayes
Heck
Higgins (LA)
Higgins (NY)
Hill (AR)
Hill (CA)
Himes
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson (TX)
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kirkpatrick
Krishnamoorthi
Kuster (NH)
LaHood
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Mast
Matsui
McAdams
McBath
McCaul
McCollum
McEachin
McGovern
McHenry
McKinley
McNerney
Meeks
Meng
Miller
Mitchell
Moolenaar
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norton
Nunes
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pence
Perlmutter
Perry
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reed
Reschenthaler
Rice (NY)
Rice (SC)
Richmond
Riggleman
Roby
Rodgers (WA)
Rogers (KY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rutherford
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Speier
Stanton
Stauber
Stefanik
Steil
Stevens
Stivers
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walden
Walorski
Waltz
Wasserman Schultz
Waters
Watson Coleman
Welch
Wenstrup
Wexton
Wild
Williams
Wilson (FL)
Womack
Woodall
Yarmuth
NOES--109
Abraham
Allen
Amash
Arrington
Babin
Bacon
Baird
Balderson
Banks
Biggs
Bishop (UT)
Brooks (AL)
Budd
Burchett
Burgess
Byrne
Carter (GA)
Carter (TX)
Cheney
Cline
Cloud
Collins (GA)
Comer
Crenshaw
Curtis
Davidson (OH)
DesJarlais
Duffy
Duncan
Dunn
Estes
Ferguson
Flores
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gibbs
Gohmert
Gooden
Gosar
Graves (GA)
Graves (MO)
Griffith
Grothman
Guest
Hagedorn
Harris
Hern, Kevin
Hice (GA)
Holding
Hudson
Huizenga
Hunter
Johnson (SD)
Jordan
Joyce (PA)
Keller
Kelly (MS)
Kinzinger
Kustoff (TN)
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Marchant
Marshall
Massie
McCarthy
McClintock
Meadows
Meuser
Mooney (WV)
Mullin
Norman
Olson
Palazzo
Palmer
Posey
Roe, David P.
Rogers (AL)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Scalise
Scott, Austin
Smith (NE)
Spano
Steube
Stewart
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Walberg
Walker
Watkins
Weber (TX)
Webster (FL)
Westerman
Wilson (SC)
Wittman
Yoho
Young
Zeldin
NOT VOTING--17
Bass
Bost
Buck
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Norcross
Radewagen
Ratcliffe
Rush
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting Chair (during the vote). There is 1 minute remaining.
{time} 1909
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 16 Offered by Mr. Pascrell
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from New Jersey
(Mr. Pascrell) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 413,
noes 10, not voting 15, as follows:
[Roll No. 262]
AYES--413
Abraham
Adams
Aderholt
Aguilar
Allen
Allred
Amodei
Armstrong
Arrington
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Barragan
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (GA)
Bishop (UT)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Budd
Burchett
Burgess
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Cheney
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cline
Cloud
Clyburn
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Cummings
Cunningham
Curtis
Davids (KS)
Davidson (OH)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duffy
Duncan
Dunn
Emmer
Engel
Escobar
Eshoo
Espaillat
Estes
Evans
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Flores
Fortenberry
Foster
Frankel
Fudge
Fulcher
Gabbard
Gaetz
Gallagher
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gibbs
Gohmert
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gooden
Gottheimer
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TX)
Griffith
Grijalva
Grothman
Guest
Guthrie
Haaland
Hagedorn
Harder (CA)
Hartzler
Hayes
Heck
Hern, Kevin
Higgins (LA)
Higgins (NY)
Hill (AR)
Hill (CA)
Himes
Holding
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Hudson
Huffman
Huizenga
Hunter
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Jordan
Joyce (OH)
Joyce (PA)
Kaptur
Katko
Keating
Keller
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Lesko
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Long
Loudermilk
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Marchant
Marshall
Massie
Mast
Matsui
McAdams
McBath
McCarthy
McCaul
McClintock
McCollum
McEachin
McGovern
McHenry
McKinley
McNerney
Meadows
Meeks
Meng
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Moore
Morelle
Moulton
Mucarsel-Powell
Mullin
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Norman
Norton
Nunes
O'Halleran
Ocasio-Cortez
Olson
Omar
Palazzo
Pallone
Palmer
Panetta
Pappas
Pascrell
Payne
Pence
Perlmutter
Perry
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Posey
Pressley
Price (NC)
Quigley
Raskin
Reed
Reschenthaler
Rice (NY)
Rice (SC)
Richmond
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose (NY)
Rouda
Rouzer
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scalise
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Spano
Speier
Stanton
Stauber
Stefanik
Steil
Steube
Stevens
Stewart
Stivers
Suozzi
Takano
Taylor
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Timmons
Tipton
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
[[Page H4558]]
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Wasserman Schultz
Waters
Watkins
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Wexton
Wild
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoho
Young
Zeldin
NOES--10
Amash
Biggs
Byrne
Ferguson
Foxx (NC)
Gosar
Harris
Hice (GA)
Rose, John W.
Roy
NOT VOTING--15
Bass
Bost
Buck
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Radewagen
Ratcliffe
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1912
Messrs. GAETZ and BURCHETT changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. FERGUSON. Madam Chair, I mistakenly voted nay, when I meant to
vote yea on Amendment No. 16, Roll Call No. 262. Had I been present, I
would have voted ``yea'' on rollcall No. 262.
Amendment No. 17 Offered by Danny K. Davis of Illinois
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Illinois
(Mr. Danny K. Davis) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 410,
noes 12, not voting 16, as follows:
[Roll No. 263]
AYES--410
Abraham
Adams
Aderholt
Aguilar
Allen
Allred
Amodei
Armstrong
Arrington
Axne
Bacon
Baird
Balderson
Banks
Barr
Barragan
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (GA)
Bishop (UT)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Budd
Burchett
Burgess
Bustos
Butterfield
Calvert
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chabot
Cheney
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cline
Cloud
Clyburn
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Connolly
Cook
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Cummings
Cunningham
Curtis
Davids (KS)
Davidson (OH)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duffy
Duncan
Dunn
Emmer
Engel
Escobar
Eshoo
Espaillat
Estes
Evans
Ferguson
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Fortenberry
Foster
Foxx (NC)
Frankel
Fudge
Fulcher
Gabbard
Gaetz
Gallagher
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gibbs
Gohmert
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gooden
Gosar
Gottheimer
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TX)
Griffith
Grijalva
Grothman
Guest
Guthrie
Haaland
Hagedorn
Harder (CA)
Hartzler
Hayes
Heck
Hern, Kevin
Higgins (LA)
Higgins (NY)
Hill (AR)
Hill (CA)
Himes
Holding
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Hudson
Huffman
Huizenga
Hunter
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Jordan
Joyce (OH)
Joyce (PA)
Kaptur
Katko
Keating
Keller
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Lesko
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Long
Loudermilk
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Marchant
Marshall
Massie
Mast
Matsui
McAdams
McBath
McCarthy
McCaul
McClintock
McCollum
McEachin
McGovern
McHenry
McKinley
McNerney
Meadows
Meeks
Meng
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Moore
Morelle
Moulton
Mucarsel-Powell
Mullin
Murphy
Nadler
Napolitano
Neal
Neguse
Newhouse
Norcross
Norman
Norton
Nunes
O'Halleran
Ocasio-Cortez
Olson
Omar
Palazzo
Pallone
Palmer
Panetta
Pappas
Pascrell
Payne
Pence
Perlmutter
Perry
Peters
Peterson
Phillips
Pingree
Plaskett
Pocan
Porter
Posey
Pressley
Price (NC)
Quigley
Raskin
Reed
Reschenthaler
Rice (NY)
Rice (SC)
Richmond
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rooney (FL)
Rose (NY)
Rose, John W.
Rouda
Rouzer
Roybal-Allard
Ruiz
Rush
Rutherford
Ryan
Sanchez
Sarbanes
Scalise
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Spano
Speier
Stanton
Stauber
Stefanik
Steil
Steube
Stevens
Stewart
Stivers
Suozzi
Takano
Taylor
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Timmons
Tipton
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Wasserman Schultz
Waters
Watkins
Watson Coleman
Webster (FL)
Welch
Wenstrup
Westerman
Wexton
Wild
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Young
Zeldin
NOES--12
Amash
Babin
Biggs
Byrne
Carter (TX)
Flores
Harris
Hice (GA)
Rogers (AL)
Roy
Weber (TX)
Yoho
NOT VOTING--16
Bass
Bost
Buck
Gianforte
Gonzalez-Colon (PR)
Green (TN)
Hastings
Herrera Beutler
Radewagen
Ratcliffe
Ruppersberger
Sablan
San Nicolas
Sensenbrenner
Swalwell (CA)
Wright
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1916
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Mrs. LOWEY. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentlewoman from New York is recognized for 5
minutes.
Mrs. LOWEY. Madam Chair, I yield to the gentleman from New Jersey
(Mr. Pallone), my good friend and the chairman of the Energy and
Commerce Committee.
Mr. PALLONE. Madam Chair, I rise for the purpose of engaging in a
colloquy with the chairwoman of the Appropriations Subcommittee on
State, Foreign Operations, and Related Programs on the policy
restricting travel and communications of United States Government
personnel to Nagorno-Karabakh. Madam Chair, I want to thank Chairwoman
Lowey for the opportunity to discuss this important issue.
I had proposed an amendment to Rules that would prevent funds from
being used to implement an official ban on U.S. diplomatic efforts with
the territory of Nagorno-Karabakh, or the Republic of Artsakh, as it is
commonly referred to by its citizens.
At present, only a handful of highly specialized U.S. officials
connected to the Organization for Security and Co-operation in Europe,
or OSCE, Minsk Group, are allowed to travel to Nagorno-Karabakh or to
engage directly with officials who represent that territory.
Madam Chair, it is far past time that the United States take a more
engaged role in the region to finally end this decades-long conflict.
We must remain committed to strengthening the ceasefire in Nagorno-
Karabakh, removing barriers to dialogue, and resolving
[[Page H4559]]
status and security issues that have hindered discussions in the past.
Allowing direct, open dialogue and our diplomats to have a presence
on the ground, as necessary and when safe, is the only way for the
United States to help bring this conflict to a resolution. And,
ultimately, it would go a long way towards producing a long-lasting,
more democratic future for the people of Nagorno-Karabakh.
Madam Chair, I thank Chairwoman Lowey, who has been very supportive
of Armenia and protecting Nagorno-Karabakh for as long as I have known
her. We came to Congress the same year. We traveled to Nagorno-
Karabakh. She really is a champion of the region. So I thank her for
the opportunity to discuss the intent of my amendment and look forward
to working with her and her staff to that end.
Mrs. LOWEY. Madam Chair, I thank my good friend, Mr. Pallone, for
bringing this issue to our attention and for his longstanding efforts
to bring this conflict to an end.
Madam Chair, we can all agree on the need to bring the 30-year
Nagorno-Karabakh conflict to a peaceful resolution, as we can all agree
upon the need to maintain the United States' role as a neutral, third-
party arbiter and for the United States to maintain positive diplomatic
relations with both Armenia and Azerbaijan.
I thank the gentleman for bringing this matter to our attention, and
I and my staff look forward to working with Mr. Pallone and his staff
on this important issue.
Madam Chairwoman, I yield back the balance of my time.
Amendment No. 18 Offered by Mr. Buchanan
The Acting CHAIR. It is now in order to consider amendment No. 18
printed in part B of House Report 116-109.
Mr. BUCHANAN. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 59, line 9, after the dollar amount, insert ``(reduced
by $6,250,000) (increased by $6,250,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Florida (Mr. Buchanan) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. BUCHANAN. Madam Chair, I rise in support of my amendment.
My amendment instructs the National Institutes of Health to designate
$6.25 million to research the long-term effects of red tide and other
harmful algal blooms on human health.
As you may know, last year, Florida suffered from one of the longest
and most devastating bouts of red tide in our State's history. I
witnessed firsthand as thousands of tons of dead marine life washed
ashore our local beaches, causing significant hardship on both our
local residents and county governments.
While some of the short-term health impacts of red tide are well
documented, as swimmers and beach goers often suffer from severe
respiratory issues, skin irritation, and rashes, the long-term health
effects of exposure to red tide are largely unknown. That is why my
amendment will devote critical resources to help us better understand
the lasting health impacts on people exposed to red tide.
I urge the amendment's adoption, and I reserve the balance of my
time.
Ms. DeLAURO. Madam Chair, I claim the time in opposition, although I
do not oppose the amendment.
The Acting CHAIR. Without objection, the gentlewoman from Connecticut
is recognized for 5 minutes.
There was no objection.
Ms. DeLAURO. Madam Chair, I rise in support of the amendment.
I share the gentleman's concerns about the potential health impacts
of red tide and harmful algal blooms and recognize the opportunity for
NIH research to contribute to the body of knowledge on this topic.
I would note that the underlying bill under consideration today
provides an additional $1 million for the Centers for Disease Control
and Prevention to expand its efforts related to surveillance and
reporting of health concerns related to harmful algal blooms.
Madam Chair, I thank the gentleman for his amendment and urge my
colleagues to vote ``yes,'' and I yield back the balance of my time.
Mr. BUCHANAN. Madam Chair, I urge adoption of my amendment, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Buchanan).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Florida will
be postponed.
Amendment No. 19 Offered by Mr. Langevin
The Acting CHAIR. It is now in order to consider amendment No. 19
printed in part B of House Report 116-109.
Mr. LANGEVIN. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 87, line 12, after the first dollar amount, insert
``(increased by $4,500,000)''.
Page 90, line 6, after the first dollar amount, insert
``(reduced by $5,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Rhode Island (Mr. Langevin) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. LANGEVIN. Madam Chair, I yield myself such time as I may consume.
Madam Chair, my amendment supports the 43 million family caregivers
nationwide who provide long-term services to their aging or disabled
loved ones.
These individuals provide the vast majority of long-term care in our
country. In fact, AARP, if you had to put a dollar figure on it, has
estimated that family caregivers provide some $470 billion a year in
uncompensated care.
Respite care services provide short-term relief for these family
caregivers and is one of the most frequently requested services.
Let's face it, if a caregiver can't take care of their own health or
get a break and look out for their well-being, they certainly will have
a very hard time providing the very best care for their loved ones in
need.
Access to respite care has been shown to improve caregiver health and
well-being, promote family stability, and avoid or delay the need for
admission to costly institutional settings, resulting in significant
savings for both the healthcare system and taxpayers.
The Lifespan Respite Care Program is the only Federal effort that
provides respite care services regardless of age or disability. The
Lifespan Respite Care Program is often the only open door for families
affected by conditions with an earlier onset, like multiple sclerosis,
since other Federal programs are focused on children or seniors.
Madam Chair, 37 States and the District of Columbia have used
Lifespan Respite Care grants to coordinate and streamline respite
services as well as provide direct resources to help families pay for
planned or emergency respite care.
Providing an additional $4.5 million for the Lifespan Respite Care
Program will allow the Administration for Community Living to award
additional grants to States and allow existing grantees to reach more
families.
By investing in the Lifespan Respite Care Program, we support family
members who perform the rewarding but demanding task of caregiving and
empower individuals to live at home, where they are most comfortable,
while reducing costs to the healthcare system.
Madam Chair, in closing, let me thank my good friend Ms. DeLauro, the
chair of the subcommittee, for her years of leadership fighting to
improve the healthcare system for the underprivileged.
By adopting this amendment, we will be setting the appropriation at
the highest level since the program was authorized in 2006 by
legislation authored by myself as well as Congressman Mike Ferguson. It
was a bipartisan bill.
I deeply appreciate the chairwoman's attention to this issue, among
many others, and I would again like to thank her and the ranking member
for their work on this bill.
Madam Chair, I urge my colleagues to show their support for family
caregivers by voting in favor of this amendment.
[[Page H4560]]
Madam Chair, I yield 1 minute to the gentlewoman from Connecticut
(Ms. DeLauro).
{time} 1930
Ms. DeLAURO. Madam Chair, I thank the gentleman for yielding, and I
strongly support my friend's amendment to increase the Administration
for Community Living's lifespan respite care program.
There are over 43 million family caregivers in this country providing
the vast majority of our Nation's long-term services and support.
National, State, and local surveys have shown respite care to be among
the most frequently requested services by family caregivers.
In kitchen-cabinet meetings I hosted in my home State of Connecticut,
I had constituents asking me about how respite care relief could be
available to them.
The committee included additional resources for respite care in
several places in the bill. We provided a $21 million increase for the
national family caregivers program. We included a $4 million
demonstration project through the Alzheimer's disease program to
provide direct respite services to these caregivers and to demonstrate
the benefits these services can provide.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. LANGEVIN. Madam Chair, I yield an additional 30 seconds to the
gentlewoman from Connecticut.
Ms. DeLAURO. We included a modest increase for the lifespan respite
care program, but this program really is unique in that it is the only
Federal effort that addresses respite care issues for families
regardless of age or disability. An additional $4.5 million will go a
long way for this small but mighty program.
I appreciate my friend taking the time to highlight it, and I thank
him for all of his service.
Madam Chair, I urge my colleagues to support the amendment.
Mr. LANGEVIN. Madam Chair, I yield myself the balance of the time.
Madam Chair, I want to, again, stress the importance of providing
respite services to our Nation's 43 million family caregivers. Respite
care has been proven to save both the healthcare system and taxpayers
money, and the lifespan respite care program is the only Federal effort
that provides these services regardless of age or disabilities.
We can make a difference for these family caregivers by giving them
additional support and respite. It is the right thing to do. It will
help them to preserve their own health and preserve the family unit so
that they can stay strong to provide further care for their loved ones.
Madam Chair, I urge my colleagues to support this amendment, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Rhode Island (Mr. Langevin).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Rhode Island
will be postponed.
Amendment No. 20 Offered by Mr. Foster
The Acting CHAIR. It is now in order to consider amendment No. 20
printed in part B of House Report 116-109.
Mr. FOSTER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 164, beginning at line 13, strike section 510.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Illinois (Mr. Foster) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. FOSTER. Madam Chair, this bipartisan amendment, offered by myself
and the gentleman from Pennsylvania (Mr. Kelly), would strike section
510, which bans HHS from adopting standards for a unique patient
identifier that would allow patients to be uniquely identified across
electronic health record systems.
In the last 21 years that this misguided policy has been in place,
thousands of Americans have died due to giving the wrong drug to the
wrong patient or due to incorrect or incomplete electronic medical
records, all arising from the inability to simply and correctly merge
health records from different systems.
Countless man-hours have been lost trying to figure out whether one
patient's information is the same as another whose name might be
spelled differently, or who has recently moved to a new city or State,
or who might be under a maiden name, for example.
Matching records properly requires a unique identifier for each
patient. A Federal ban on doing this properly makes our healthcare
system more expensive and less safe for patients.
According to a 2016 study of healthcare executives, 86 percent of
respondents have witnessed or knew of a medical error that was the
result of patient misidentification.
A Johns Hopkins study recently calculated that more than 250,000
deaths per year are due to preventable medical errors. While our data
collection on medical errors is not as detailed as it should be, it is
reasonable to assume that a unique patient identifier would help save a
nontrivial fraction of these lives.
Amidst the wave of digitization of the healthcare industry, most
providers have adopted electronic health records, spurred on by the
2009 HITECH Act. But if we cannot ensure that we have the right patient
with their full information at the point of care, then we cannot
properly utilize the enormous promise of the portability and
interoperability of health records.
This ban is also handcuffing us in the fight against opioids. A 2018
roundtable on the opioid crisis cohosted by HHS and the nonprofit
Center for Open Data Enterprise recommended the generation of a unique
identifier for each patient. This would not only guard against doctor
shopping by those struggling with substance abuse disorder, but it
could also prevent those in recovery from accidentally being given
prescription opioids after an injury, surgery, or childbirth,
triggering a relapse.
Repealing this ban tackles a known problem in our healthcare system,
and I urge support for this bipartisan amendment.
Madam Chair, I reserve the balance of my time.
Mr. KELLY of Pennsylvania. Madam Chair, I claim time in opposition,
although I am not opposed to this amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. KELLY of Pennsylvania. Madam Chair, first off, I thank
Representative Foster and also his acting chief of staff, Samantha
Warren, for the great work on this and for working along with two of
the people on my staff, Kevin Dawson and Brendan Fulmer. It is this
type of collaboration that proves to the American people that we can do
things together and do them right.
Everything the gentleman just said, it really rings true with me.
My father was 86 years old when we had to admit him into the hospital
for some work to be done. As I was sitting there visiting with him one
morning, the nurses brought in his medication.
He said, ``What are you giving me?'' The nurse said, ``Well, this is
what the doctors prescribed for you.'' So he said, ``Could I have the
chart at the end of the bed, please?'' The nurse said, ``Why would you
want that chart?'' He said: ``Because what you are giving me today is
something I can't take. If you look at the chart, you will find out
that I am right, and what you are giving me is wrong.''
I thought it was amazing that an 86-year-old man knew enough to look
at what he was being given without just saying, ``Fine, if you think I
should take it, I will take it.''
When we look at what is happening today, we are at a point right now
where there is no reason for us to be having these problems.
According to the 2016 study that the gentleman from Illinois (Mr.
Foster) talked about, healthcare executives say that misidentification
costs the average healthcare facility $17.4 million per year in denied
claims and potential lost revenue.
[[Page H4561]]
Without the ability for clinicians to correctly connect a patient
with their medical record, medical errors have needlessly occurred and
lives have been lost. These are situations that could have been
entirely avoidable had patients been able to be accurately identified
and matched with their records.
This is a problem that is so dire that one of our Nation's leading
patient safety organizations, the ECRI Institute, named patient
misidentification among the top 10 threats to patient safety.
There is no reason for that to occur, not today, not in this world,
not with what we have available to us.
Passing the Foster-Kelly amendment and removing this outdated ban
would help bring our healthcare system into the 21st century, improve
patient safety, and save millions of dollars.
I would hope that every Member shares the same concerns that the
gentleman and I have and that we make sure to look at what is available
to us in the 21st century to make sure these types of mistakes don't
happen. We have the ability to do it. Why hold back?
I yield back the balance of my time.
Mr. FOSTER. Madam Chair, I yield 1 minute to the gentlewoman from
Connecticut (Ms. DeLauro), the chairwoman of the Appropriations Labor,
HHS, Education, and Related Agencies Subcommittee.
Ms. DeLAURO. Madam Chair, I rise in support of Congressman Foster's
amendment, a bipartisan amendment to allow for the creation of a unique
health identifier.
We must do all we can to bring down the skyrocketing costs of
healthcare. A universal and interoperable patient identifier could do
so by reducing avoidable administrative errors.
Inaccurate patient information costs patients $2,000 per inpatient
stay and $800 per ER visit, according to a 2018 survey by Black Book
Market Research.
We could improve patient matching, reduce avoidable errors, and bring
down costs if we stop tying the hands of the Department of Health and
Human Services with regard to universal identifiers. As Pew Trusts
reported in 2018, ``The ban has limited government actions to
collaborate with the private sector on solutions.''
Let us reduce skyrocketing healthcare costs by reducing avoidable
medical administrative errors. I urge my colleagues to support the
amendment.
Mr. FOSTER. Madam Chair, I yield myself the balance of my time.
I would like to again thank my colleague from Pennsylvania (Mr.
Kelly), for cosponsoring this bipartisan amendment so that we can move
our healthcare system into the 21st century to save money and, most
importantly, to save lives.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Foster).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.
Amendment No. 21 Offered by Mr. Foster
The Acting CHAIR. It is now in order to consider amendment No. 21
printed in part B of House Report 116-109.
Mr. FOSTER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 66, line 14, after the dollar amount, insert
``(increased by $1)''.
Page 66, line 14, after the dollar amount, insert
``(reduced by $1)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Illinois (Mr. Foster) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. FOSTER. Madam Chair, I would like to thank Congressman Andy Kim
for cosponsoring this amendment.
This simple amendment would add and remove $1 from the substance
abuse treatment fund, which we intend as a signal that HHS should
prioritize opioid treatment money where the science shows that it
actually works, on medication-assisted treatment.
Unfortunately, addiction is an issue that we have become all too
familiar with in our communities and across the country. It has claimed
too many loved ones, shattered too many lives, and broken too many
families.
It is a devastating reality that drug overdoses have surpassed motor
vehicle accidents as the leading cause of injury-related deaths in the
United States. In fact, more people die in a single year from overdoses
than were killed during the entire Vietnam war.
This is a public crisis that affects people of every race, every
income group, and every education level. These are mothers and fathers.
They are friends and neighbors.
Honestly, when I was first elected to Congress, I was not prepared
for the numbers and the types of stories that I heard from family
members who have lost loved ones to substance abuse.
The urgency of this deadly epidemic requires us to work together and
work smart as a community and a Nation to fight back. It requires that
we use the best available science and spend our money where we know it
does the most good.
We should implement evidence-based treatment options, and research
has backed medication-assisted treatment. Studies have shown that
medication-assisted treatment decreases opioid use, opioid overdose
deaths, criminal activity, and infectious disease transmission.
These studies also show that medication-assisted treatment increases
social functioning and retention in treatment. Patients treated with
medication are more likely to remain in therapy compared to patients
receiving treatment that did not include medication.
It is also important in the tragic case of pregnant women who are
addicted to opioids. A 2012 study by the American College of
Obstetricians and Gynecologists found that the treatment of opioid-
dependent pregnant women with buprenorphine improved outcomes for their
babies and that medication-assisted treatment reduced withdrawal
systems in newborns and decreased the length of hospital stays.
Medication-assisted treatment works, and it is what we should be
funding.
Madam Chair, I urge my colleagues to support this amendment.
Madam Chair, I yield 1 minute to the gentlewoman from Connecticut
(Ms. DeLauro).
{time} 1945
Ms. DeLAURO. Madam Chair, I rise in support of this amendment.
As noted in the report accompanying the underlying bill that we are
considering, relapse following opioid detoxification is a contributing
factor to the overdose crisis.
Medication-assisted treatment provides a whole-patient approach to
the treatment of substance use disorders, especially opioids. In
combination with counseling and behavioral therapies, FDA-approved
medications are used to treat substance misuse to prevent relapse and
to sustain recovery.
This amendment calls for the prioritization of funding for
medication-assisted treatment at the Substance Abuse and Mental Health
Services Administration. As part of our commitment to support people to
enter into treatment, to be in sustained recovery, medication-assisted
treatment is an effective option.
Madam Chair, I urge my colleagues to support this amendment.
Mr. FOSTER. Madam Chair, the opioid epidemic has claimed too many
lives and torn apart too many families for us to be using anything but
the most effective treatments.
It is past time that we stop treating opioid addiction as a moral
failing and start treating it like the treatable medical condition that
it is.
Madam Chair, I urge my colleagues to support this amendment to make
sure that HHS prioritizes funding for medically assisted treatment.
Madam Chair, I yield back the balance of my time.
Mr. KIM. Madam Chair, earlier this month, I held a town hall in Toms
River, New Jersey, focused on the opioid and addiction crisis.
At this town hall, and nearly every day since I was sworn in to
represent the Third District of New Jersey, I have heard heartbreaking
stories from people in my community on how they've struggled with
opioid addiction issues.
[[Page H4562]]
The bill we're debating today provides important funding to fight
this epidemic.
This amendment directs that funding to prioritize funding for
medication assisted treatment.
This treatment is proven to make a positive impact in the lives of
those dealing with these issues and proven to save lives.
According to the CDC, more than 70,000 Americans died in 2017 due to
drug overdoses. Reducing that number should be an absolute priority of
this Congress and is the intent of this amendment.
I want to thank Congressman Foster for his leadership on this issue
and urge support and passage.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Foster).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.
Amendment No. 22 Offered by Mr. Foster
The Acting CHAIR. It is now in order to consider amendment No. 22
printed in part B of House Report 116-109.
Mr. FOSTER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 27, line 20, after the dollar amount, insert
``(increased by $1)''.
Page 27, line 20, after the dollar amount, insert
``(reduced by $1)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Illinois (Mr. Foster) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. FOSTER. Madam Chair, my amendment highlights the need to think
about our future workforce and how it will change because of
technology, and to encourage the Bureau of Labor Statistics to accept a
wider and more forward-looking range of inputs into its range of
projections for the workforce of the future and that BLS should conduct
the Contingent Worker and Alternative Work Arrangement Supplement to
the Current Population Survey more frequently.
I co-chair the New Democrat Coalition's Future of Work Task Force
with my colleagues Congresswoman Lisa Blunt Rochester, Congressman
Chris Pappas, and Congresswoman Haley Stevens, all of whom have
cosponsored this amendment.
The Future of Work Task Force has held a series of forums to hear
from experts on various areas that will require this body's attention
in the coming years and decades.
Last Congress, we heard from historians, economists, and policy
experts about how technological revolutions of the past have impacted
social and political institutions, and the lessons from those
experiences and from our current conditions that can help us prepare
for the future.
We have also heard from labor and business leaders who are pioneering
new ways to attract talent, to retain the services of skilled
employees, and to develop skills for the increasingly rapidly changing
economy.
It is nearly unanimous among our experts that the economy will change
significantly and change faster, but it is less clear just how quickly
the workforce will need to adapt.
For decades, the Bureau of Labor Statistics has been doing excellent
and invaluable work to track our labor trends, and its projections have
proven very reliable and useful to businesses and to our educators in
times of slower and relatively predictable technological development.
However, they are based on backward-looking historical data and
historical trends, and some of the anticipated changes in technology,
such as robotics, self-driving vehicles, and artificial intelligence
could fundamentally change our economies in ways that we haven't seen
before and are not preparing for.
So in its current form, the way that the Bureau calculates and
estimates future development of the workforce may not be able to
capture the dramatic changes that our future holds.
One panel convened by the task force suggested that it would be
difficult or impossible to do projections in any single way to predict
the future of the workforce, but with additional resources, the Bureau
of Labor Statistics could model for a variety of scenarios of different
rates of technological change in different sectors.
My amendment increases the BLS amount by a dollar and decreases it by
a dollar, which we intend to signal that the BLS should submit to
Congress an estimate of the resources it would need to make a range of
forward-looking estimates, including consultation with those industries
that are driving the rapid technological change and those industries
that will be affected by that change to account for the increasing rate
of technological job displacement.
Technological changes to the workforce are not new. The industrial
revolution and the automation of agriculture transformed the way work
was performed in our country, and significantly improved, on the whole,
our standard of living over time, but the benefits have not been
uniform and all communities and all job sectors have not benefited
equally.
Past transformations have typically played out over generations so
that our social and political institutions had ample time to respond,
but today, the development and deployment of our technology is far more
rapid, and Congress, business, and our educational system need the best
possible data to evaluate policy proposals and to produce the workforce
training needed for future employees, to develop educational curricula,
and ensure that our economy works for everyone.
Like the industrial revolution, technological development presents
the opportunity for greatly improved standards of living, but it will
also bring challenges to our workforce.
Businesses, communities, and government must work together.
Madam Chair, I urge my colleagues to join me in voting ``yes'' on my
amendment, to begin to establish a range of planning scenarios from the
Bureau of Labor Statistics for the future world that we will all
inhabit.
Madam Chair, I thank my Future Work Task Force co-chairs,
Congresswoman Haley Stevens, Congressman Chris Pappas and Congresswoman
Lisa Blunt Rochester, for cosponsoring this amendment, and I urge my
colleagues to vote ``yes'' on the amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Foster).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.
Amendment No. 23 Offered by Mr. Foster
The Acting CHAIR. It is now in order to consider amendment No. 23
printed in part B of House Report 116-109.
Mr. FOSTER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 90, line 6, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 93, line 20, after the dollar amount, insert
``(increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Illinois (Mr. Foster) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. FOSTER. Madam Chair, my amendment would increase the Biomedical
Advanced Research and Development Authority account by $1 million to
support increased R&D for biosecurity.
As the only Ph.D. physicist in Congress, I feel a special
responsibility to speak out on issues of national security, especially
when they concern emerging technological threats that Congress may not
be sufficiently aware of.
For more than 70 years, nuclear weapons have held center stage among
the threats to our national security and global safety because of their
capabilities to threaten the existence of all mankind.
[[Page H4563]]
However, the dangers posed by advanced biological threats are
catching up fast.
For example, the ability of genome editing tools, such as CRISPR/
Cas9, to delete, suppress, and amplify specific genes has been a long
sought-after capability for treating monogenic disorders and other
disorders.
However, this ability could also be abused for nefarious purposes,
such as disrupting the normal function of particular biological systems
or weaponizing synthetic versions of a virus.
This is a global issue that will require global solutions.
Unfortunately, the advances in this field are outpacing our ability
to develop policies that will set international ethical and regulatory
frameworks.
Diagnostic platforms that can rapidly detect and characterize
bioagents will become increasingly critical to safeguarding human
health.
If we are going to stay ahead of these technological threats, we need
to be strategic about our investments.
As a leader in technology and innovation, the United States must act
now to mitigate any dangers that these technologies might pose.
Madam Chair, the $1 million allocated by this amendment represents
truly only a fraction of what will ultimately be needed, but I urge my
colleagues to join me and vote ``yes'' on my amendment.
Madam Chair, I yield 1 minute to the gentlewoman from Connecticut
(Ms. DeLauro).
Ms. DeLAURO. Madam Chair, I thank the gentleman for yielding.
Madam Chair, I rise in support of this amendment. The underlying bill
that we are considering includes a $5 million increase to HHS'
Biomedical Advanced Research and Development Authority, BARDA.
This organization has the significant responsibility to help counter
biological threats and other challenges to domestic and global health
security and safety, while fostering scientific progress.
This amendment would provide an additional $1 million specifically
for biosecurity research and development, further supporting efforts to
accelerate the development of emerging technologies and products vital
to our national security.
Research and development investments help our Nation to be prepared
for a wide range of chemical, biological, radiological, and nuclear
threats; pandemic influenza; and emerging infectious diseases.
Madam Chair, I urge my colleagues to vote ``yes'' on this amendment.
Mr. FOSTER. Madam Chair, I urge my colleagues to support this
amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Foster).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.
Amendment No. 24 Offered by Mr. Schiff
The Acting CHAIR. It is now in order to consider amendment No. 24
printed in part B of House Report 116-109.
Mr. SCHIFF. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 90, line 6, after the first dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from California (Mr. Schiff) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. SCHIFF. Madam Chair, I rise today to offer an amendment in
support of vaccines and their medical effectiveness. Specifically, my
amendment would direct $5 million to amplify a public health campaign
to promote vaccine usage and combat hesitancy.
These funds would support the work of the National Vaccine Program
within the Office of Infectious Disease and HIV/AIDS Policy, which
provides a framework for pursuing the prevention of infectious diseases
through immunizations.
It is the Nation's leading roadmap in articulating a comprehensive
strategy to develop new and improved vaccines, enhance the vaccine
safety system, and support communications to enhance vaccine
decisionmaking.
Each year, vaccines are estimated to save 2 to 3 million lives
worldwide. Due to effective vaccination campaigns, what were once
referred to as the usual diseases of childhood are now considered
vaccine-preventable diseases.
Unfortunately, vaccines are a victim of their own success. These
monumental public health achievements have contributed to a false
perception that disease threats are minimal, and that routine
vaccination is no longer necessary.
This year alone, we have witnessed numerous outbreaks of measles
across the country, a disease that was once considered eradicated in
the United States.
Declining vaccination rates pose an imminent threat to public health.
In fact, the World Health Organization has identified vaccine hesitancy
as a top global health threat for 2019.
{time} 2000
There is strong evidence to suggest that at least part of the source
of this trend is the degree to which medically inaccurate information
about vaccines surfaces on websites where many Americans get their
information.
Repetition of information, even if false, can often be mistaken for
accuracy, and exposure to antivaccine content via social media may
negatively shape user attitudes towards vaccination.
The emergence of vaccine hesitancy as an increasingly common theme in
healthcare settings demands attention, and it is imperative for public
health officials to take a necessary and critical step to flip the
script from vaccine hesitancy to vaccine confidence to protect and
bolster the public health.
The scientific and medical communities are in overwhelming consensus
that vaccines are both effective and safe. There is no evidence to
suggest that vaccines cause life-threatening or disabling diseases, and
the dissemination of unfounded or debunked theories about the dangers
of vaccination pose a great risk to the public health.
Support for the national vaccine program and coordinating a national
public health campaign to fight vaccine misinformation is imperative.
It is essential, now more than ever, that we fund vaccine communication
research to strengthen the evidence base for what works in fighting
vaccine hesitance, combating misinformation, and encouraging
responsible vaccine decisionmaking.
Madam Chair, I yield 1 minute to the gentlewoman from Connecticut
(Ms. DeLauro), the chairwoman of the Appropriations Subcommittee on
Labor, Health and Human Services, Education, and Related Agencies.
Ms. DeLAURO. Madam Chair, I rise in support of this amendment. As
noted in the report accompanying the underlying bill that we are
considering, the current measles outbreak that has cases confirmed in
28 States, including in my State of Connecticut and in my colleague's
State of California, highlights the importance of immunizations.
Vaccines are one of the greatest success stories in public health.
They are the most effective way to protect the public from highly
infectious and potentially deadly diseases.
This amendment highlights efforts conducted by the Department of
Health and Human Services to understand the reasons that people do not
vaccinate themselves and their children, as well as to combat
misinformation about vaccines. What we need is, through research, to
dispel that misinformation which is, in fact, today, right now, putting
the lives of our children and families at risk.
Vaccines are safe; they are effective; and I urge my colleagues to
support this lifesaving amendment.
Mr. SCHIFF. Madam Chair, I thank the chair for her support.
This amendment sends a clear message to the American people that
Congress recognizes the importance of vaccination and immunization in
the
[[Page H4564]]
United States and urges individuals to follow the advice of their
doctors in favor of timely vaccinations for themselves and their
children.
Madam Chair, I again ask my colleagues to support this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Schiff).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 25 Offered by Mr. McKinley
The Acting CHAIR. It is now in order to consider amendment No. 25
printed in part B of House Report 116-109.
Mr. McKINLEY. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 66, line 14, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 68, line 21, after the dollar amount, insert
``(reduced by $10,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from West Virginia (Mr. McKinley) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. McKINLEY. Madam Chair, I rise in support of this bipartisan
amendment to H.R. 2740.
Last fall, President Trump signed into law the comprehensive opioid
package. Included in that package was the POWER Act, which provides
competitive grants to hospitals in high-overdose or rural areas. Sadly,
Congress has not yet funded that program.
The grants included in the POWER Act will help provide emergency
rooms the resources they need to offer overdose patients not only
short-term care, but the long-term treatment that is proven to help
prevent repeat overdoses.
This bipartisan amendment, introduced with my colleague from
Pennsylvania (Mr. Michael F. Doyle), would fund the grant program with
the $10 million Congress has already previously authorized.
Madam Chairman, if we believe this is a good program and we voted to
authorize it, then let's vote for this amendment and fund it.
Madam Chair, I reserve the balance of my time.
Ms. DeLAURO. Madam Chair, I claim the time in opposition, although I
do not oppose the amendment.
The Acting CHAIR (Ms. Titus). Without objection, the gentlewoman from
Connecticut is recognized for 5 minutes.
There was no objection.
Ms. DeLAURO. Madam Chair, I rise in support of this, in fact,
bipartisan amendment.
Drug overdose deaths continue to increase in the United States.
Nearly 70 percent of these deaths involve an opioid. It is staggering
that, on average, 130 Americans die every day from an opioid overdose.
This amendment provides $10 million for a new program at the
Substance Abuse and Mental Health Services Administration, SAMHSA, to
develop best practices for emergency treatment and the coordination and
continuation of care for overdose patients.
By providing overdose reversal medications, we can save lives. By
providing overdose reversal medication, we can, I will repeat it, save
lives.
We have no higher calling in this institution than to save lives.
Those who have experienced a nonfatal drug overdose can benefit from
evidence-based, long-term treatment to prevent relapse and future
overdoses.
I urge my colleagues to support this bipartisan amendment, and I
yield back the balance of my time.
Mr. McKINLEY. Madam Chairman, again, let's do something novel here.
Let's do what we say we were going to do. Let's fund this program. I
ask for support for this bipartisan amendment.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from West Virginia (Mr. McKinley).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from West
Virginia will be postponed.
Amendment No. 26 Offered by Mr. Butterfield
The Acting CHAIR. It is now in order to consider amendment No. 26
printed in part B of House Report 116-109.
Mr. BUTTERFIELD. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 81, line 3, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 90, line 6, after the first dollar amount, insert
``(reduced by $2,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from North Carolina (Mr. Butterfield) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from North Carolina.
Mr. BUTTERFIELD. Madam Chair, I know it has been a long evening and
we have several hours in front of us, so I will try to be brief.
Madam Chair, I rise in support of my amendment to provide funding for
the expansion of the National Survey of Child and Adolescent Well-Being
to include data collection on the child victims of parental substance
abuse, especially those of the opioid epidemic.
As this epidemic continues, Madam Chair, the child welfare system
across the country is being overwhelmed. That is the report that we are
getting. They are just absolutely being overwhelmed.
In my home State of North Carolina, foster care placements have been
on the rise. In 2016, over 5,600 children were placed in foster care,
and in 38 percent of infant placements, parental substance abuse was a
factor. As my colleagues unfortunately know, similar increases have
occurred all across the country.
The NSCAW is the only national survey that provides longitudinal data
on children who have been involved in State child protective services
programs. It helps examine the current characteristics and needs of
children and families involved with child protective services and helps
to examine efforts to improve child and family well-being. However, it
does not gather detailed information about the unique service needs of
child victims of the opioid epidemic, their parents, their caregivers,
or their child welfare professionals.
This amendment will help fill this information gap by providing
funding to expand data collection for those child victims of parental
substance abuse, positioning the NSCAW to be the source for critical
information on the impacts and the needs of child victims of the opioid
epidemic.
My amendment will fill the holes that currently exist in our data
collection for these children and enable us to fully understand the
critical service needs of these children. This data will empower
caseworkers and child welfare agency administrators to provide the best
services and supports for these children and their families.
Our communities are suffering. All of my colleagues know that. Our
communities are suffering from substance abuse and the opioid crisis,
especially children, who are the most vulnerable in these communities.
We must have the necessary information needed to better understand the
full impact these children and their families are experiencing in order
to provide for their needs. I think all of us on both sides of the
aisle, hopefully, can agree on this.
I want to thank the chair of the subcommittee for her friendship and
her support for this, and I strongly encourage my colleagues to support
this amendment.
Madam Chair, I yield 1 minute to the gentlewoman from Connecticut
(Ms. DeLauro), the chairwoman of the subcommittee.
Ms. DeLAURO. Madam Chair, I thank the gentleman for yielding to me. I
rise to support the gentleman's amendment.
There is no doubt that the child welfare system is overwhelmed by the
[[Page H4565]]
opioid epidemic. This additional funding would build upon existing data
efforts and provide child welfare caseworkers with evidence-based data
that can better inform how children are cared for if they are in the
system because of parental substance abuse.
Think about the tragedy of these youngsters. Please, let us not let
these children fall through the cracks such that we don't provide them
with the kinds of services that they need.
Madam Chair, we have both sides of the aisle recognizing the ongoing
opioid crisis, and I think this effort to help these innocent
bystanders to the crisis is an important one. I urge my colleagues to
support the amendment.
Mr. BUTTERFIELD. Madam Chair, I thank the gentlewoman for her passion
and her leadership and her support for this amendment.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from North Carolina (Mr. Butterfield).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from North
Carolina will be postponed.
{time} 2015
Amendment No. 27 Offered by Mr. Johnson of Ohio
The Acting CHAIR. It is now in order to consider amendment No. 27
printed in part B of House Report 116-109.
Mr. JOHNSON of Ohio. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 68, line 12, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 90, line 6, after the first dollar amount, insert
``(reduced by $2,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Ohio (Mr. Johnson) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Ohio.
Mr. JOHNSON of Ohio. Madam Chair, my amendment would address the
ongoing opioid crisis by funding the Regional Centers of Excellence in
Substance Use Disorder Education, which was authorized last year as a
part of H.R. 6. This program aims to increase the amount of education
that health professional students receive on substance use disorder,
pain management, and addiction.
While health professional students are eager to address addiction and
the opioid epidemic, only a handful of medical schools have robust
curriculums on the diagnosis and treatment of substance use disorders.
By recognizing institutions that have put a focus on these areas and
sharing their strategies publicly, we hope to ensure that the next
generation of health professionals are fully prepared to address the
opioid epidemic and other forms of addiction.
Healthcare providers are in a unique position to recognize a patient
suffering from addiction, and it is important that their training fully
prepares them to take on this important and potentially lifesaving
role.
Madam Chair, I reserve the balance of my time.
Ms. DeLAURO. Madam Chair, I claim the time in opposition, although I
do not oppose the amendment.
The Acting CHAIR. Without objection, the gentlewoman from Connecticut
is recognized for 5 minutes.
There was no objection.
Ms. DeLAURO. Madam Chair, I rise in support of this bipartisan
amendment.
This amendment calls for funding of a new program at the Substance
Abuse and Mental Health Services Administration. In fact, it would
establish its Regional Centers of Excellence in Substance Use Disorder
Education.
In 2017, approximately 19 million adults had a substance use
disorder. This program would improve the training of health
professionals in substance use disorder prevention, treatment, and
recovery so that more people can get treatment and we can reduce the
number of those who do need treatment. Part of this is to be able to
educate and train folks to be able to deal with the scale and the scope
of this public health emergency, which is what I call it, across the
Nation.
Madam Chair, I urge my colleagues to support this amendment, and I
yield back the balance of my time.
Mr. JOHNSON of Ohio. Madam Chair, I thank my colleague for supporting
the amendment. I, too, urge my colleagues to support this amendment.
I thank Representative Tonko for working with me on this program in
the Energy and Commerce Committee and on this particular amendment.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Ohio (Mr. Johnson).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Ohio will be
postponed.
Amendment No. 28 Offered by Ms. Moore
The Acting CHAIR. It is now in order to consider amendment No. 28
printed in part B of House Report 116-109.
Ms. MOORE. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 51, line 11, after the first dollar amount, insert
``(increased by $500,000)''.
Page 55, line 20, after the first dollar amount, insert
``(reduced by $500,000)''.
Page 55, line 21, after the first dollar amount, insert
``(reduced by $500,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from Wisconsin (Ms. Moore) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Wisconsin.
Ms. MOORE. Madam Chair, my amendment relates to the Centers for
Disease Control, establishing a national standard for investigating
childhood deaths from sudden infant death syndrome.
The death of a child, Madam Chair, is always a tragedy, but the
unexplained nature of some of these deaths only makes it harder for
grieving families, as well as public health officials and policymakers
who are working to prevent them.
I have had the heartrending experience of walking into the home of
parents who are grieving. That grief doesn't just begin when their
infant dies, but goes on for a lifetime, wondering: Was it my fault?
Could I have done something? Am I a bad parent?
My amendment would help us better understand why thousands of infants
between the age of birth and 1, and hundreds of children between the
ages of 1 and 4, are still dying unexpectedly in our country. These
deaths include those from sudden infant death syndrome.
Scarlett Lillian Pauley was one of those children, Madam Chair.
Scarlett loved her pets, including her dog, Stitch, who she called
``Sitch,'' and her cat, Colby, who she called ``Max'' or ``Maps.''
Scarlett loved to smile. She loved books. Her favorite book was
``Barnyard Dance'' by Sandra Boynton, which her mom read to her right
before she put her to sleep on January 7, 2017. A few hours later, her
mama went to check on her and Scarlett was not breathing in her crib.
After being taken to the hospital, this beautiful 16-month-old baby was
declared dead on January 8, 2017.
That is just one story. In 2017, there were 3,600 infants who died
suddenly and unexpectedly, according to CDC data, including 1,400 from
SIDS.
Right now, without a national standard for how to investigate these
deaths, different States and different municipalities collect
inconsistent and often incomplete data on these unexplained sudden
deaths. That hinders the ability to find answers.
I am so pleased that Chairwoman DeLauro has included funding in the
base bill for the CDC to increase efforts to better train those who
carry out stronger death investigations and improve data collection.
Madam Chair, how much time do I have remaining?
The Acting CHAIR. The gentlewoman from Wisconsin has 2 minutes
remaining.
[[Page H4566]]
Ms. MOORE. Madam Chair, I thank the ranking member, Mr. Cole, who is
a leading cosponsor of my stand-alone legislation to help families that
see their children and infants die suddenly get some resolution.
This is an example of smart investments in our healthcare sprinkled
throughout this bill.
Madam Chair, I yield the balance of my time to the gentlewoman from
Connecticut (Ms. DeLauro).
Ms. DeLAURO. Madam Chair, I rise in support of this amendment.
I would note, as my colleague, Congresswoman Moore, noted, the
underlying bill under consideration today includes $2 million for a new
dedicated effort on sudden unexpected infant death and sudden
unexplained death in childhood at the CDC. Despite the decline in the
rate of sudden unexpected infant death in the past two decades,
significant racial and ethnic differences continue. CDC is working to
better understand the circumstances that may increase risks, so that
public awareness and provider education can be improved to reduce these
risks.
I strongly support the Congresswoman's efforts to prevent these
tragic deaths of very young children and the profound suffering of
their families.
I just say to my colleagues, those who are here and who are not here,
think about the power of the institution that we serve in and what it
can do in so many of these areas to profoundly change people's lives,
to save people's lives, and to give people comfort to know that we have
not forgotten them, and that while they have experienced a tragedy, we
will work to see that others will not have to face a tragedy and saving
the lives of children.
Madam Chair, I urge my colleagues to vote ``yes'' on this amendment.
Ms. MOORE. Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Wisconsin (Ms. Moore).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Wisconsin
will be postponed.
Amendment No. 29 Offered by Ms. Moore
The Acting CHAIR. It is now in order to consider amendment No. 29
printed in part B of House Report 116-109.
Ms. MOORE. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 52, line 16, after the first dollar amount, insert
``(increased by $4,500,000)''.
Page 71, line 16, after the dollar amount, insert
``(reduced by $4,500,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from Wisconsin (Ms. Moore) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Wisconsin.
Ms. MOORE. Madam Chair, this amendment would provide $4.5 million in
additional funding for the CDC's Domestic Violence Prevention
Enhancement and Leadership Through Alliances, also known as DELTA,
program to reach the level that the domestic violence advocates have
made clear that they need to adequately support this effort.
The DELTA program is dedicated to the prevention of domestic
violence. While most Federal programs provide victim services, or hold
perpetrators accountable, and train healthcare providers and others to
spot or respond to domestic violence, the DELTA program works directly
with over 50 communities nationwide to prevent first-time victims and
to prevent first-time perpetrators of domestic violence.
With one in three women and one in four men experiencing intimate
partner violence in their lifetimes, we need this funding now more than
ever.
This program works with stakeholders, activists, and mentors to teach
youth about sexual assault and teen dating violence while promoting
healthy relationships.
This investment was important in my home State of Wisconsin, where
the DELTA program created meaningful initiatives among our Tribal
communities, like the Oneida's Wise Women Gathering Place and
Milwaukee's own Diverse & Resilient organization that worked with LGBTQ
youth on safe relationships.
Madam Chair, I yield the balance of my time to the gentlewoman from
Connecticut (Ms. DeLauro), chairwoman of the subcommittee.
Ms. DeLAURO. Madam Chair, I rise in support of this amendment.
Intimate partner violence is a serious, preventable public health
problem that affects millions of Americans. This amendment would
increase funding for CDC's efforts to work in communities to implement
proven prevention strategies, including programs that mobilize boys and
men to be allies in sexual violence prevention, and coalitions with
local governments, community partners, and police to increase safe
spaces in neighborhood parks.
The negative consequences associated with intimate partner violence
underscore the importance of stopping it before it occurs. I commend
the amendment sponsors for raising attention to this important program.
Madam Chair, I urge my colleagues to vote ``yes'' on this amendment.
Ms. MOORE. Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Wisconsin (Ms. Moore).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Wisconsin
will be postponed.
{time} 2030
Amendment No. 30 Offered by Ms. Moore
The Acting CHAIR. It is now in order to consider amendment No. 30
printed in part B of House Report 116-109.
Ms. MOORE. Madam Chair, I rise to offer an amendment to add funding
to the Substance Abuse and Mental Health Services Administration.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 66, line 14, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 66, line 14, after the dollar amount, insert
``(reduced by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from Wisconsin (Ms. Moore) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Wisconsin.
Ms. MOORE. Madam Chair, this amendment to add funding to the
Substance Abuse and Mental Health Services Administration would support
the distribution of fentanyl test strips by our State and local public
health partners.
Unintentional drug overdose deaths have climbed to record high
levels, claiming around 70,000 lives in the United States in 2017. One
of the drivers is fentanyl, a powerful synthetic opioid that is
significantly more potent than heroin. Because fentanyl is so cheap and
strong, dealers have an incentive to use it to cut drugs such as heroin
and cocaine.
In New York City in 2017--just to name one locality, but the story is
the same in many other places--fentanyl was involved in 57 percent of
all the drug overdose deaths. Between 2000 and 2012, that rate was only
2 percent, but in 2017 it was much higher.
This crisis, a public health epidemic and emergency, means that we
need to bring more tools to the fight. While some agencies, like the
NIH, have noted the need to consider all evidence-based programs that
can help address the damage being caused in our communities by opioids,
others, like SAMHSA, have clearly not, which is troubling.
In April, the NIH awarded a grant to the University of Kentucky that
aimed at reducing opioid overdose deaths by 40 percent in 16 counties
using evidence-based solutions. One of the evidence-based solutions
that could be pursued would be using these funds in overdose prevention
efforts, such as naloxone distribution and fentanyl test strip
distribution.
Unfortunately, it appears that SAMHSA has taken the opposite
[[Page H4567]]
stance and has warned its grantees against funding such efforts. This
is perplexing, Madam Chair, since it receives hundreds of millions of
dollars from this Congress to address the opioid crisis, including
overdoses.
What is a fentanyl strip? Fentanyl strips are used to detect the
presence of fentanyl in drugs. While there are other ways to detect the
presence of fentanyl in drugs, testing strips are more sensitive and
significantly less expensive than other methods.
Madam Chair, studies have found this approach works to positively
influence behavior. Recent studies have found that using these strips
can be helpful to reduce fentanyl overdose risks, including leading
some individuals to discard their drug supply or taking some other
action to reduce harm to themselves.
In one study, those who saw the positive results were five times more
likely to change the way they used the drug in an effort to avoid
overdosing, and so people want to make moral judgments about it.
Sure, we need to provide rehabilitation services to people, Madam
Chair, but it is impossible to rehab someone who is dead.
Madam Chair, I yield back the balance of my time, and I withdraw my
amendment.
The Acting CHAIR. The amendment is withdrawn.
The Chair understands that amendment No. 31 will not be offered.
Amendment No. 32 Offered by Ms. Matsui
The Acting CHAIR. It is now in order to consider amendment No. 32
printed in part B of House Report 116-109.
Ms. MATSUI. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 87, line 12, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 90, line 6, after the first dollar amount, insert
``(reduced by $2,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from California (Ms. Matsui) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Ms. MATSUI. Madam Chair, I am pleased to join my colleagues today in
supporting critical investments made by this bill. I rise today in
support of my amendment, which will provide additional assistance for
innovative programs that will help young people with developmental
disabilities in obtaining and sustaining long-term employment.
Madam Chair, 1 in 68 children are diagnosed with autism spectrum
disorder. More than 50,000 individuals with autism turn 18 every year,
and 500,000 will age out of school systems in the next 10 years.
A significant number of young adults with autism spectrum disorder
remain unemployed and unenrolled in higher education in the 2 years
after high school. Young adults on the autism spectrum often do not
have access to an educational environment that can assist them in
developing practical life skills, increase social capacity, and
transition to work and independence.
This amendment is a critical first step towards remedying that.
Specifically, it will help support and promote innovative educational
programs and focus on preparing students for entry into the workforce
or pursuing higher education.
The support offered through these initiative programs helps young
adults find and maintain employment. In turn, this is a critical step
towards independence, an opportunity to be more productive and to fully
participate in all facets of community life.
My amendment will support young adults with developmental
disabilities access care and education necessary to find jobs by
focusing on inclusion and integration.
It is critically important that all children and young adults,
particularly those who are challenged with autism, have the opportunity
to fully participate in our communities and society. I hope my
colleagues will join me in supporting this amendment.
Madam Chair, I yield 2 minutes to the gentlewoman from Connecticut
(Ms. DeLauro), my dear friend and subcommittee chair.
Ms. DeLAURO. Madam Chair, I thank the gentlewoman for yielding.
Madam Chair, I rise to support the Developmental Disabilities
Projects of National Significance program, which is why this bill
rejects the administration's proposal to virtually eliminate funding
for it--why?--and instead provides a $1 million increase over the
fiscal year 2019 level.
These grants fund innovative projects that create opportunities for
those with developmental disabilities. They promote quality of
opportunity and inclusion of persons with disabilities in all aspects
of community life, which benefits our society as a whole.
I thank the gentlewoman from California (Ms. Matsui), my friend, for
highlighting this particular grant initiative for schools that serve
young adults on the autism spectrum by helping them develop practical
life skills that will help them transition to work and independence.
We need innovative programs like this one that create and enhance
opportunities for individuals with developmental disabilities to
contribute to, to participate in, to feel their value, to know that we
recognize their value and give them respect and independence and self-
confidence in who they are. This means that they can participate in all
facets of community life.
Madam Chair, I urge my colleagues to support this amendment.
Ms. MATSUI. Madam Chair, I add to this, too, if I may, the program
supported by this amendment offers opportunities for young adults with
intellectual disabilities to be placed in paid jobs, internships, or
volunteer positions. Often, the individuals who participate are
extremely passionate and capable about a work opportunity but simply
need a little help along the way.
I think we can all agree that learning opportunities to better train
and encourage these young adults to seek and maintain long-term work is
a goal we all support. These problem-solving abilities and confidence
gained in the right environment can have a lasting, long-term impact on
those with autism.
Madam Chair, I feel that this is something that will really help the
individuals whom I have met along the way, and I strongly urge my
colleagues to join me in supporting this amendment.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Matsui).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.
Amendment No. 33 Offered by Mr. Barr
The Acting CHAIR. It is now in order to consider amendment No. 33
printed in part B of House Report 116-109.
Mr. BARR. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 66, line 14, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 68, line 21, after the dollar amount, insert
``(reduced by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Kentucky (Mr. Barr) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Kentucky.
Mr. BARR. Madam Chair, I rise today to offer my amendment to increase
funding for the Building Communities of Recovery program.
We all know that the opioid epidemic is a major health crisis that
has impacted every community and every congressional district. My home
State of Kentucky suffers from the fifth highest overdose mortality
rate in the country, and we learned from the CDC that last year 72,000
of our fellow citizens died of an opioid overdose. This is a national
crisis.
Last fall, Congress passed a historic package of legislation to
address the opioid epidemic to research treatment and prevention. The
SUPPORT for Patients and Communities Act builds upon past resources
authorized and
[[Page H4568]]
funded by Congress, including the 21st Century Cures Act and the
Comprehensive Addiction and Recovery Act.
Additionally, Congress has appropriated $4 billion, the largest
Federal investment to date, to address the opioid epidemic, but there
is more work to be done. We cannot continue to focus our Federal
efforts on prevention and treatment without looking toward long-term
recovery through housing, job placement, financial literacy, and life
skills.
Not all recovery is the same. Everyone has a different recovery
journey, and we must not prioritize one pathway to recovery over
another. If there is one thing I have learned talking to folks who are
struggling through an addiction recovery is that what works for one
individual may not work for another.
I have heard from my constituents of the need for funding to be made
available for programs that provide alternatives to medication-assisted
treatment for opioid use disorder. Obviously, medication-assisted
treatment is considered evidence-based and the gold standard in many
cases for helping people to recovery, but there are alternatives, and
some individuals need a different course.
Currently, the Building Communities of Recovery program is one of the
only sources of funding for nonmedication for opioid-use disorder.
{time} 2045
According to SAMHSA, non-MAT programs are ineligible for the State
Opioid Response Grants which constitute the majority of opioid funding.
My office has been told time and time again that the reason they
cannot receive funding is because they do not offer medication-assisted
treatment.
I would like to emphasize that I am not critical of medication-
assisted treatment programs, but I do believe that non-narcotic
alternatives to recovery complement medication-assisted treatment for
certain individuals.
As we continue to combat this crisis, we must make critical,
nonmedication resources for recovery available to those who need them.
Treatment programs that choose to offer non-MAT recovery options are
doing incredible work despite their inability to access most Federal
grant programs that we enacted last year.
I would like to highlight the story of Zachary Thomas, my
constituent, and a prime example of someone who successfully worked
through addiction to recovery. At the age of 18, Zach dropped out of
Mercer County Senior High School just 4 months before graduation. He
was hooked on methamphetamines, heroin, and alcohol and was homeless.
At age 19, Zach was in the Boyle County Detention Center on drug
charges. Upon recommendation of the county attorney, Zach was sent to
the Shepherd's House, a recovery residence in Lexington, Kentucky, that
provides transitional residential treatment for men 18 years and older.
Shepherd's House has been providing treatment for clients who suffer
from drug and alcohol issues for the past 30 years. It offers
structured programs that promote personal responsibility and
accountability for those seeking sustained abstinence from mood and
mind-altering substances.
Zach now works at DV8 Kitchen, a Lexington restaurant owned by Rob
and Diane Perez that has a practice of hiring employees in recovery
from drug and alcohol addictions.
Zach's success is just one example of the great work of the people at
the Shepherd's House and the great work that these nonmedication-
assisted treatment recovery programs are doing to combat this crisis.
The Shepherd's House's desire is to live in the solution of recovery,
to make a positive economic impact on the communities we serve, and to
one day put a small dent in the national crisis that we know as
addiction.
Another example I would like to highlight is my good friend, Jenell
Brewer, in Powell County, Kentucky, the SPARK program. It is an
advocacy center that helps families navigate addiction, educates them
on addiction, and connects them with recovery resources in the State.
At a time when many families don't know what to do, SPARK offers a
personal approach and an outlet for those coping with this crisis.
But these great organizations, SPARK and the Shepherd's House, are
not eligible for many of the Federal grant programs that we have
funded. And so this amendment would simply provide increased funding
for that program, the Building Communities of Recovery program that
would provide funding for these alternatives that are desperately
needed.
I encourage my colleagues to vote in favor of the amendment, and I
yield back the balance of my time.
Ms. DeLAURO. Madam Chair, I claim the time in opposition, although I
do not oppose the amendment.
The Acting CHAIR. Without objection, the gentlewoman from Connecticut
is recognized for 5 minutes.
There was no objection.
Ms. DeLAURO. Madam Chair, I rise in support of this amendment. I
appreciate my colleague offering this amendment. I am a strong
supporter of recovery support services, and I recognize their essential
role in the recovery of individuals with substance use disorders.
In my district in Connecticut, I have met with my own constituents
who credit their recoveries and often their lives to recovery coaches.
I met with constituents who were substance-use abusers, but also with
the providers, and they all said to me very specifically that one of
the difficulties is that someone can get treatment, and then they go
back out onto the street, but they have no one to be in touch with as a
support system in order to be able to continue on a road to recovery.
They slip back, and they are then once again on the street.
What you are talking about is increasing the funding for building
communities of recovery so that people don't feel that they are alone
and that there is nowhere to go, but to take up an unhealthy lifestyle
once again.
This bill will expand access to critical and lifesaving services,
including recovery support from drug or alcohol addiction, primary
care, housing services, and employment services. Maybe we could put
together some number, a 211 number, that a person can call, and they
can be referred on employment, and housing, and the kinds of services
that people need when they find themselves in this situation.
So I commend my colleague on this amendment, and I urge my colleagues
to support the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Kentucky (Mr. Barr).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. BARR. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Kentucky
will be postponed.
Amendment No. 34 Offered by Mr. Cleaver
The Acting CHAIR. It is now in order to consider amendment No. 34
printed in part B of House Report 116-109.
Mr. CLEAVER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 64, line 18, after the dollar amount, insert
``(increased by $6,500,000)''.
Page 68, line 21, after the dollar amount, insert
``(reduced by $6,500,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Missouri (Mr. Cleaver) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Missouri.
Mr. CLEAVER. Madam Chair, I am thankful for the opportunity to speak
today on my amendment.
In recognition of the escalating severity of youth suicide rates in
the United States and also in my congressional district, I propose a
funding increase of $6.5 million for the Garrett Lee Smith Campus
Suicide Prevention grant to be used for youth suicide awareness and
prevention with a corresponding reduction from the Substance Abuse and
Mental Health Services Administration, and this includes training
school personnel and high school students on the signs of suicide.
Suicide is the second leading cause of death in America for young
people between the ages of 15 and 19. Missouri
[[Page H4569]]
statistics surpassed that of our Nation's average on almost every
account, from every age group to race and ethnicity.
The 2018 Missouri High School Principal of the Year, Jeff
Meisenheimer, came to my office recently. His chief concern was that
our youth today are in distress; that suicide rates are rising; and
school personnel need resources to help these vulnerable students.
Two years ago in his school, Lee's Summit North High School, which is
located in my district, a hardworking, young woman with a contagious
smile named Gemesha Thomas died by suicide in the school. She actually
went in the girl's restroom and shot herself.
My grandson was at the school at the time, and they evacuated the
school. I was actually speaking with him by phone from here. He was
outside trying to figure out what was going on.
This is a tragedy. There is no other word for it, but we have got to
do all we can to try to help prevent this. Disturbingly, this situation
is becoming more and more common and we have to do something about it.
These tragedies do not exist in a vacuum. According to the Jason
Foundation, four out of five teens who attempt suicide give clear
warning signs.
Madam Chair, I want to applaud the committee's commitment on this
issue and the increase in funding for youth suicide prevention in this
bill. However, we must do more. This is why I propose an increase in
funding for the Garrett Lee Smith Campus Suicide Prevention grant
program because it puts resources in the hands of those who are on the
front lines of training for our future.
Let's do everything within our power to reduce death by suicide and
give our future leaders a fighting chance.
I yield such time as she may consume to the gentlewoman from
Connecticut (Ms. DeLauro).
Ms. DeLAURO. Madam Chair, I rise in support of this amendment.
Suicide is devastating communities across our country as evidenced by
more than 47,000 deaths in 2017. It makes me proud that what we put
together in the underlying bill that we consider tonight includes $20
million of new funding for suicide prevention efforts at the Centers
for Disease Control and Prevention and the Substance Abuse and Mental
Health Services Administration.
This amendment would increase funding for efforts to prevent suicide
among our youth at the places that many of them can be found: colleges
and universities, and youth-serving organizations. Through training and
activities aimed at identifying youth at risk for suicide, screenings
and the connection to appropriate services are preventing suicide and
suicide attempts.
We shouldn't be dealing with this after the fact. But what we ought
to be doing is trying to provide the kinds of counseling and have
people who are trained to recognize the telltale signs of a youngster
who is in difficulty and who needs help.
As the underlying bill that we consider shows, we strongly support
suicide prevention efforts, and I commend the gentleman for offering
this amendment. I urge my colleagues to support this amendment.
Mr. CLEAVER. Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Missouri (Mr. Cleaver).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Missouri
will be postponed.
It is now in order to consider amendment No. 35 printed in part B of
House Report 116-109.
Amendment No. 36 Offered by Ms. Castor of Florida
The Acting CHAIR. It is now in order to consider amendment No. 36
printed in part B of House Report 116-109.
Ms. CASTOR of Florida. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division A (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce the rule
entitled ``Short-Term, Limited Duration Insurance'' published
by the Department of the Treasury, the Department of Labor,
and the Department of Health and Human Services in the
Federal Register on August 3, 2018 (83 Fed. Reg. 38212).
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from Florida (Ms. Castor) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. CASTOR of Florida. Madam Chairwoman, my amendment is an important
one for American families who are grappling with healthcare costs.
My amendment is an important one for the over 130 million Americans
who have a preexisting health condition like cancer, diabetes, heart
disease, asthma, or Alzheimer's.
My amendment takes aim at a proposed rule by the Trump administration
that encourages insurance companies to issue junk insurance plans.
Everyone calls them junk insurance plans because they often don't
cover vital health services. They may not cover a trip to the hospital
or the emergency room. They may not cover prescription drugs. They may
not cover mental health services that you need.
They are often marketed as a good deal, but they don't show a person
the fine print that they may cap benefits. What they do is they allow
discrimination against our neighbors who have a preexisting health
condition.
This is not in question because in committee, I asked the HHS
Secretary Azar point blank, I said: ``These short-term, limited-
duration plans known as junk plans, they allow insurance companies to
discriminate against you if you have a preexisting health condition;
right, Mr. Secretary?''
He said: ``Yes.''
The law of the land after we passed the Affordable Care Act says that
no longer are we going to allow insurance companies to discriminate
against our neighbors who have preexisting health conditions. So how
can the Trump administration be moving forward?
Well, they are moving forward with a proposed rule that would allow
these plans to operate for 1 year, 2 years, or 3 years. That is not a
short-term, limited-duration plan. These are junk.
Just over a month ago, Democrats here in the House stood up for our
neighbors back home and passed a bill, H.R. 1010, that would halt the
Trump administration's dangerous expansion of junk health plans that
weaken the protection for Americans who have a preexisting condition.
{time} 2100
Today, we are building on H.R. 1010 by offering this amendment with
my colleagues, Representatives Underwood, Barragan, DeSaulnier,
Spanberger, Moore, and Slotkin, to prohibit any funds from being used
to implement, administer, or enforce the administration's expansion of
junk plans. We are going to safeguard families from Republican attempts
to push them into junk insurance plans that don't cover the essential
healthcare services that they need.
The mandate from our neighbors back home is clear. They value
affordable healthcare and the bedrock protection of the Affordable Care
Act that prohibits discrimination based upon a preexisting health
condition.
Madam Chair, I reserve the balance of my time.
Mr. WOMACK. I claim the time in opposition to the gentlewoman's
amendment, Madam Chair.
The Acting CHAIR. The gentleman from Arkansas is recognized for 5
minutes.
Mr. WOMACK. Madam Chair, I rise in opposition to the gentlewoman's
amendment, and count me as one who stands in support of the Trump
administration's proposals for short-term, limited duration health
plans and association health insurance plans.
With all due respect to my friend on the other side of the aisle,
this has everything to do with giving our citizens options. These plans
serve as an affordable alternative to ObamaCare health insurance plans,
particularly for individuals and families not eligible for ObamaCare
tax subsidies.
I have heard from countless small businesses in my district that say
they
[[Page H4570]]
can't afford health insurance for their employees. These alternative
plans, Madam Chair, can and often do have lower premiums and
deductibles and provide access to the same healthcare providers as some
of the ObamaCare plans.
I believe that this amendment needs to be defeated, and I reserve the
balance of my time.
Ms. CASTOR of Florida. Madam Chair, instead of ripping affordable
coverage away, my Republican colleagues and the administration should
be working with the Democrats to lower healthcare costs for American
families and protect coverage for preexisting conditions. One way that
we can do that is by supporting this amendment.
Madam Chair, I yield the balance of my time to the gentlewoman from
Connecticut (Ms. DeLauro), who is a healthcare champion.
Ms. DeLAURO. Madam Chair, I rise in strong support of Congresswoman
Castor's amendment that, in fact, blocks the Trump administration's
rule to promote junk health insurance plans. Plain and simple, that is
what they are.
This is just another attempt by the administration to sabotage the
Affordable Care Act. Their policies have increased the costs of
healthcare. The level of uninsured in this Nation has gone up, and they
want to bring us back to a time when those folks with a preexisting
condition could no longer get healthcare coverage.
There are some who say that today, for the first time in their lives,
they have gotten that coverage, and otherwise, they would have died.
Maybe that doesn't cut it with some folks here.
Short-term plans do not have to cover the ACA's essential health
benefits. They frequently do not include maternity services,
prescription drugs, mental healthcare, or substance use disorder
treatment. Short-term plans can deny coverage to or charge higher
prices for people with preexisting conditions.
As I said a moment ago, remember those days when even being a woman
was a preexisting condition. If a child had asthma, Madam Chair, it was
a preexisting condition, and they couldn't get any help.
They often will not cover medical services associated with
preexisting conditions. We reiterate: They are junk plans.
Every American deserves affordable, high-quality health coverage,
which is why we need to block these junk plans that provide the
opposite.
Madam Chair, I urge my colleagues to support this amendment.
Mr. WOMACK. Madam Chair, I will finish by saying that all through
this healthcare debate that we have had over the last 10 years--and I
have been here 8\1/2\ years of that--it has all been about access to
healthcare. This gentlewoman's amendment, Madam Chair, limits access to
healthcare.
Either they want more access to healthcare or they don't. I think if
my colleagues pass this amendment, Madam Chair, they are limiting
access to healthcare. It is for that reason that I believe we should
defeat the amendment.
Madam Chair, I yield back the balance of my time.
Ms. CASTOR of Florida. Madam Chair, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Castor).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. WOMACK. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Florida
will be postponed.
Amendment No. 37 offered by Mr. Hill of Arkansas
The Acting CHAIR. It is now in order to consider amendment No. 37
printed in part B of House Report 116-109.
Mr. HILL of Arkansas. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike page 72, line 17, and all that follows through page
73, line 23.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Arkansas (Mr. Hill) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arkansas.
Mr. HILL of Arkansas. Madam Chair, I rise in support of my amendment
to the Labor-Health and Human Services appropriations package, which
strikes all guidance related to the obligation of funds for the
Affordable Care Act's navigator program. By passing this amendment, we
can prevent further wasteful spending on this failed and very
inefficient program.
For plan year 2017, navigators received a total of $62.5 million in
grants and enrolled 81,000 individuals. Each of these enrollments cost
taxpayers $767. Further, those 81,000 individuals accounted for less
than 1 percent of all the enrollment in ACA plans for that year.
Arkansas does not use the Federal marketplace, but I think it is
worth noting that according to CMS, only 2.3 percent of the people in
my district purchased their healthcare on the exchange in 2017.
Nationwide, less than 4 percent of the population bought Affordable
Care Act plans. With a little bit of math, we come to the conclusion
that we are spending $62.5 million to enroll less than three-tenths of
1 percent of the population.
The administration wisely decided that this money could be better
spent elsewhere and cut funding for the program to a more reasonable
level of $10 million. Yet for some reason, my colleagues on the other
side of the aisle would like to force the administration to spend $100
million on this, in my view, wasteful and ineffective program.
Madam Chair, I reserve the balance of my time.
Ms. DeLAURO. Madam Chair, I claim the time in opposition.
The Acting CHAIR. The gentlewoman from Connecticut is recognized for
5 minutes.
Ms. DeLAURO. Madam Chair, I rise in opposition, and I strongly oppose
my colleague's amendment that would strike $100 million from CMS
program management. This is funding that has been designated to support
the Affordable Care Act navigator program as well as outreach,
enrollment, and advertising during the ACA open enrollment period, just
further attempts to sabotage the act.
Because of the Affordable Care Act, more than 20 million people
gained health insurance, many for the first time in their lives. The
uninsured rate declined from a high of 18 percent before the Affordable
Care Act to a low of less than 11 percent. For families, it meant that
insurance companies could no longer discriminate against people because
of their medical history and being a woman was no longer a preexisting
condition.
The ACA was not perfect, but it was a significant achievement.
Unfortunately, the Trump administration has tried to sabotage the
Affordable Care Act since the day the President took office. It was not
successful, I might add, at least legislatively not successful. But
they have come around to the appropriations process to continue the
sabotage.
HHS shortened open enrollment, cut the annual budget for outreach and
advertising by 90 percent, and cut funding by 80 percent for ACA
navigators.
Who are the navigators? They are the people who provide in-person
assistance to a consumer who may need help in finding a health plan.
We held a hearing in February to highlight the administration's
efforts to undermine the Affordable Care Act. One of our expert
witnesses estimated that HHS' cuts to outreach, advertising, and
enrollment activities resulted in more than 1 million fewer enrollments
in 2017 and a similar shortfall in 2018.
The Labor, HHS, Education appropriations bill sends a clear message
to the administration: Stop undermining healthcare for millions of
Americans. Members of Congress have healthcare. They shouldn't be
undermining other Americans' healthcare. Stop allowing insurance
companies to discriminate again with junk insurance plans. Stop
attacking the mechanisms that we put in place to hold down costs for
American families.
Our bill specifically designates $100 million from ACA user fees to
support ACA navigators as well as outreach,
[[Page H4571]]
enrollment, and advertising during the ACA open enrollment period.
These funds will help millions of American families navigate the
complicated maze of health insurance to find a health plan that works
for them. It strengthens the Affordable Care Act individual market by
bringing healthier individuals into the risk pool, thereby reducing
premiums for everyone.
The gentleman's amendment seeks to eliminate those funds, which will
make it harder for Americans to enroll in high-quality health
insurance.
Madam Chair, I strongly oppose the amendment, and I reserve the
balance of my time.
Mr. HILL of Arkansas. Madam Chair, well, we are all interested in
having affordable healthcare, and that is why we have more market-based
healthcare. If we open up this market and reduce constraints, then we
will get more affordable policies.
I would submit to the Chair tonight that the reason people don't
accept these policies is not due to a lack of advertising, Madam Chair,
but due to the expense, complexity, and unaffordability of these plans.
In this regard, Madam Chair, I yield 2 minutes to the gentleman from
Tennessee (Mr. David P. Roe). My good friend is the ranking member on
the House Veterans' Affairs Committee.
Mr. DAVID P. ROE of Tennessee. Madam Chair, I rise today in support
of my good friend from Arkansas' amendment.
This bill contains a line item directing $100 million be spent on the
ACA navigator program. Unless I am mistaken, just last month, House
Democrats decided it was more important to play politics than consider
legitimate, bipartisan proposals to address the constantly increasing
healthcare costs.
Madam Chair, in Tennessee, since the ACA went into effect, our
premiums have gone up in the ACA silo 174 percent. We remember long ago
the claim that the ACA would eliminate constantly increasing healthcare
costs and included $100 million for the navigator program in that bill.
How many times will we go through this exercise before my colleagues
on the other side of the aisle realize this program just doesn't work?
I have never heard of a government program in the history of the
country that suddenly started to work without making any changes by
simply throwing $100 million at it. Madam Chair, we can't do the same
thing over and over again and expect a different outcome.
In plan year 2017, the navigators received $62.5 million and enrolled
81,426 people. With just over 8 million enrollees for 2019, I am not
sure how in the world it makes sense to spend $768 per enrollee to sign
them up. Now House Democrats want to nearly double that money for a
program that has been shown to be ineffective in its sole function,
just to enroll people in the ACA.
With ObamaCare enrollment nearly 20 million people below the original
CBO estimate this year--and over 3 million more people gaining private,
employer-sponsored coverage over the last 2 years because of the strong
economy and job market--we should be using this money for programs that
actually work.
I support this amendment that eliminates this line-item funding
mandate because I offered a similar amendment that Democratic
leadership decided was not in order. It would have moved the money from
the navigator program to the substance abuse treatment fund, allowing
additional grants to treat those suffering from substance abuse
disorders, which actually would save lives.
Madam Chair, let's stop wasting time and money on programs that don't
work and support those that do. I ask my colleagues to support this
amendment.
Mr. HILL of Arkansas. Madam Chair, I reserve the balance of my time.
Ms. DeLAURO. Madam Chair, let me just repeat a statistic. Because of
the Affordable Care Act, more than 20 million people gained health
insurance, many for the first time in their lives, and the uninsured
rate declined from a high of 18 percent before the Affordable Care Act
to a low of less than 11 percent.
Now, keep in mind, from the outset of the Trump administration, the
effort was to repeal and replace the Affordable Care Act. I don't know
the umpteen times that my colleagues on the other side of the aisle
tried to repeal the Affordable Care Act.
{time} 2115
They could never find a way to replace it. Ultimately, they failed
legislatively to repeal and replace the Affordable Care Act.
So, what have they done subsequently? They move through the
appropriations bills, and they cut back. They work to do away with the
cost-sharing subsidies for the insurance companies, which drives the
cost up.
They say ``no'' to the navigators to help people go through the
system and understand insurance. I will bet everyone in this
institution has somebody who explains an insurance policy to them.
So, therefore, I will just finish this and say: Let's defeat this
amendment because it is just one more attempt to sabotage the
Affordable Care Act.
Madam Chair, I yield back the balance of my time.
Mr. HILL of Arkansas. Madam Chair, may I inquire how much time I have
remaining.
The Acting CHAIR. The gentleman from Arkansas has 30 seconds
remaining.
Mr. HILL of Arkansas. Madam Chair, let me simply say that, simply
put, at $768 per enrollee, the navigator program is a waste of taxpayer
resources.
With ever-shrinking budget pressure, we are better off spending this
money on NIH research or doing something that will help long-term
health, as my friend Dr. Roe is interested in: drug abuse, mental
health attention. Those are the issues that are facing this country and
a better use of this money.
Madam Chair, I urge a ``yes'' vote on the amendment, and I yield back
the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arkansas (Mr. Hill).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arkansas
will be postponed.
Amendment No. 38 Offered by Mr. Hill of Arkansas
The Acting CHAIR. It is now in order to consider amendment No. 38
printed in part B of House Report 116-109.
Mr. HILL of Arkansas. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 5, line 9, strike ``only''.
Page 7, line 5, strike ``only''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Arkansas (Mr. Hill) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arkansas.
Mr. HILL of Arkansas. Madam Chair, I would like to return to the
topic today of apprenticeships that are so important to our workforce
across this country.
My amendment would strip a portion of the bill that would spend
hundreds of millions of dollars to only support Department of Labor-
registered apprenticeship programs, a stipulation that has not been in
place in previous bills regarding apprenticeship grant funding.
So, let me be clear. I support Department of Labor-registered
apprenticeship programs. I am not here to speak ill of those programs
because they do a good job of equipping workers across this country
with the skills they need to be successful.
But I am here because I have a problem with the Congress telling the
American public that the only way to fill the skills gap and create
opportunities is through government-defined apprenticeship programs.
Right now, our economy is facing an enormous skilled workforce
shortage. According to the Department of Labor, there are 7.4 million
job vacancies, and, with our continued economic prosperity, that number
will only grow.
I speak with businesses in my district on a regular basis, in all
sectors. Many would like to expand, create new jobs; but a consistent
message, Madam Chair, is they are not able to because
[[Page H4572]]
they cannot find workers with the necessary skills.
It is an unfortunate fact that the registered apprenticeship programs
come up short of adequately skilling our entire workforce. For example,
in the construction industry, which uses more registered apprenticeship
programs than any other industry, only 26,000 people graduated from a
registered apprenticeship program in 2018.
Currently, the construction industry employs nearly 7.5 million
people, which means that less than 1 percent of the workers in that
industry went through a registered apprenticeship program.
Economic estimates have the number of current job openings in
construction at 444,000 in total. So, if we were to rely only on
registered apprenticeship programs, it would take 17 years to fill
those openings, Madam Chair.
That is why this amendment is so important: to offer flexibility and
to let other industry-related apprenticeship programs also get grant
funding.
We are not denying registered apprenticeship grant funding. We are
just simply saying that nonindustry-
registered grant funding should be effective. They are safe, efficient,
and result in stackable and portable credentials.
Madam Chair, I would like to call on my friend from Kentucky, Andy
Barr, a member of the House Financial Services Committee, a man who
chairs the Republican Study Committee's American Worker Task Force, and
ask him for his views.
Madam Chair, I yield 1 minute to the gentleman from Kentucky (Mr.
Barr).
Mr. BARR. Madam Chair, I thank my friend, the gentleman from
Arkansas, for his leadership on this very important issue, providing
employers with flexibility.
Yes, we want to support Department of Labor-registered
apprenticeships, but we need employers to be able to fill these job
openings with skilled workers using apprenticeships that are actually
tailored for the jobs that are available.
When I visit the employers in central and eastern Kentucky, they all
tell me the same story: Because of tax cuts and deregulation, the
economy is booming, they are creating jobs, but they can't find
workers.
There is a labor supply shortage in this country, and we need more
skills. The Bureau of Labor Statistics reports that labor force
participation among prime-age men has dropped from 86 percent in 1950
to a rate currently of 71.5 percent.
We have got to get that labor participation rate up, and, because of
that, we need skills. That is why I am proud, as chairman of the
Republican Study Committee's American Worker Task Force, to support the
Hill amendment, which would allow Federal grant funds to be used for
apprenticeship programs that are not just DOL-registered.
The Acting CHAIR. The time of the gentleman has expired.
Mr. HILL of Arkansas. Madam Chair, I yield the gentleman an
additional 15 seconds.
Mr. BARR. Madam Chair, not just DOL-registered programs, but also
apprenticeship programs tailored by the employers for those particular
jobs.
So, while the economy does need to utilize these DOL-registered
apprenticeship programs, a one-size-fits-all solution is not the
answer. Many employers need specific, tailored apprenticeship programs,
and I urge support for the gentleman's amendment.
Ms. DeLAURO. Madam Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentlewoman from Connecticut is recognized for
5 minutes.
Ms. DeLAURO. Madam Chair, this amendment would open up scarce Federal
dollars to untested and unproven, nonregistered apprenticeship
programs.
In fiscal year 2016, the Subcommittee on Labor, Health and Human
Services, Education, and Related Agencies established funding for the
Apprenticeship Grant Program, which has been expanding work-based
learning programs in in-demand industries through registered
apprenticeships, a proven strategy for meeting the needs of our
Nation's workforce and industry, simultaneously.
The registered apprenticeship model has been rapidly expanding over
the past several years. It has grown from 56 percent since 2013--from
375,000 to 585,000--in diverse careers like software development,
nursing assistants, and insurance agents. According to the Department
of Labor, more than 3,000 new apprenticeship programs were established
in fiscal year 2018 alone.
To further this important work, the underlying bill provides an
unprecedented $250 million investment in registered apprenticeship
programs, a $90 million increase over last year. Yet, instead of
supporting and investing in a tried-and-true program, this amendment
would roll back worker protections and quality assurances, wasting
millions of Federal dollars on an entirely duplicative system called
IRAPs, industry-recognized apprenticeship programs.
The administration claims critics of registered apprenticeships
lament the registration process, calling it onerous, but I have spoken
with some of the industry groups represented on the President's task
force, and, frankly, I hear a different story. They like the registered
model.
During a panel discussion I held on apprenticeships, Bridget Gainer,
vice president of Aon, commented on the ease of registration, saying:
``It was not an overwhelmingly or overly onerous process.''
A former staffer at the Department of Labor and Education, who is now
with New America, wrote an excellent piece in Inside Higher Ed on the
risks of the Trump administration's plans to deregulate
apprenticeships.
She said: ``Rather than focus its efforts on growing our small but
high-performing system of registered apprenticeships, the
administration has opted for building an entirely new system of
industry-recognized apprenticeship programs, or IRAPs.''
These IRAPs have little or no accountability, much like the predatory
for-profit colleges.
The Inside Higher Education piece makes that point: ``The
administration is copying the system used to ensure quality in the
lowest performing and most fraud-ridden sector of higher education--a
system that has repeatedly failed to protect students and taxpayers--
for its new approach to apprenticeship . . . and once Federal dollars
are on the line, the risks--and the scale of potential harm--increase
exponentially.''
We should be focusing Federal dollars on expanding the existing
system that is working for employers and for apprentices alike and not
on a confusing duplicate system.
Madam Chair, I urge my colleagues to vote ``no'' on this amendment,
and I reserve the balance of my time.
Mr. HILL of Arkansas. Madam Chair, may I inquire how much time I have
remaining.
The Acting CHAIR. The gentleman from Arkansas has 30 seconds
remaining.
Mr. HILL of Arkansas. Madam Chair, let me say that I appreciate the
in-demand job work that the committee has put in place in the bill.
That is wonderful. And I appreciate my friend from Connecticut's
passion for this topic. I share it. I support DOL-supported
apprenticeships. That has nothing to do with it.
This simply says that we strike the word ``only'' and that, if there
is a gap somewhere in a local economy in this country, we have the
flexibility to have an industry apprenticeship receive a grant.
This is supported by the Associated Builders and Contractors, the
general contractors, the equipment manufacturers, the electrical
contractors, the home builders, the roofing contractors, so this bill
has full support.
Madam Chair, I include in the Record their letters.
Associated General
Contractors of America,
June 12, 2019.
AGC KEY VOTE: Vote ``Yes'' on Hill Amdt. No. 38 to H.R. 2740.
Hon. French Hill,
House of Representatives,
Washington, DC.
Dear Representative Hill: On behalf of the Associated
General Contractors of America (AGC), I write to urge you to
support Rep. French Hill Amendment No. 38 to H.R. 2740, which
would allow federal grant funds to be used for apprenticeship
programs registered with the U.S. Department of Labor (DOL)
as well as industry-recognized apprenticeship programs.
Because workforce development is a critical issue for the
construction industry, AGC reserves the right to record your
vote on this amendment as a ``key vote'' for the education of
its membership.
All forms of apprenticeship, whether registered or
industry-recognized, are clear and
[[Page H4573]]
direct pathways to quality middle-class jobs. While the
construction industry is currently the largest utilizer of
apprenticeship trained workers, the industry continues to
experience a severe worker shortage. The U.S. Bureau of Labor
Statistics Job Openings and Labor Turnover Survey identified
404,000 job openings in construction at the end of April, the
highest total for any month since the series began.
To help alleviate these challenges, grow job opportunities
and meet economic demand, AGC believes it is vital to build
upon the past successes construction apprenticeship programs
have achieved and allow them every opportunity to recruit and
train new talent into the industry, including access to
valuable federal grants. Ensuring workers are properly
educated and trained is essential to the future of the
construction industry as well as the nation's infrastructure
and economic growth.
While certain segments of the construction industry utilize
DOL's registered apprenticeship program, not all do.
Consequently, all segments of the construction industry
should ultimately be able to benefit from any DOL grants
programs. Many contractors have developed their own
apprenticeship programs in the private industry-recognized
market. Industry-led apprenticeships in construction have
strict standards of accountability and methods to ensure
quality, with penalties for noncompliance. All these programs
should have access to the same federal grant programs
regardless.
AGC supports creating quality jobs and training the skilled
workers to fill them. As such, federal grants should be
available to all quality programs. Again, AGC reserves the
right to record your vote as a ``key vote'' for the education
of its membership.
Sincerely,
Jimmy Christianson,
Vice President, Government Relations.
____
June 12, 2019.
Dear Representative: The undersigned organizations write in
support of an amendment offered by Rep. French Hill (R-Ark.)
to H.R. 2740--the Labor, Health and Human Services,
Education, Legislative Branch, Defense, State, Foreign
Operations and Energy and Water Development Appropriations
Act, 2020--which would allow Department of Labor grants to be
used for all forms of apprenticeships. This amendment would
open workforce development and skills education opportunities
for all Americans.
Currently, our nation has a severe skilled workforce
shortage. According to the U.S. Bureau of Labor Statistics,
there are 7.4 million job openings in the United States. The
BLS Job Openings and Labor Turnover Survey identified 404,000
job openings in construction at the end of April, the highest
total for any month since the series began. To close the
skills gap and provide career opportunities to the most
Americans possible, Congress should focus on expanding all
forms of apprenticeships, rather than only DOL-registered
programs.
Market-driven or industry-recognized apprenticeships are
the most widely used form of skills education in the
construction industry. They have proven to be safe, effective
and successful in providing students with stackable and
portable credentials that are accepted worldwide.
Many of the below organizations operate both industry-
recognized and DOL-registered apprenticeship programs.
Businesses and associations provide the most effective career
opportunities when they are able to choose the best form of
skills education for their respective value propositions.
Rep. Hill's amendment recognizes that DOL-registered
apprenticeship programs provide career opportunities, but
they cannot fill the skills gap on their own--according to
DOL, only about 26,000 individuals finished a registered
construction apprenticeship program in 2018 in an industry
that employs 7.4 million people.
We thank Rep. Hill for introducing this amendment to
provide career opportunities to all Americans and we
encourage all members of the House of Representatives to
support it.
Sincerely,
Associated Builders and Contractors.
Independent Electrical Contractors.
National Association of Home Builders.
National Roofing Contractors Association.
Opportunity America.
____
Ms. Lesley Hill.
Dear Lesley: The equipment manufacturing industry is
growing and adding thousands of jobs each year, but like many
other industries, there simply aren't enough individuals with
the right skill-sets available to fill these jobs. The
Association of Equipment Manufacturers and its members
support a wide variety of training programs and initiatives
to develop the skill-sets of individuals so that that they
are job ready. This includes apprenticeship programs. AEM is
supportive of all apprenticeship programs that develop
tomorrow's workers, and so it makes no sense to limit the
government funding for these initiatives to only one type of
apprenticeship program. AEM supports amendment 38, sponsored
by Representative French Hill, which would remove limitations
on the type of apprenticeship programs eligible for grant
money under Title I of H.R. 2740, the appropriations vehicle
for the Departments of Labor, Health and Human Services, and
Education, and Related Agencies for fiscal year 2020.
Representative Hill's amendment is a common-sense change to
the legislation that will help train a broader group of
workers for careers in family sustaining jobs.
If you have any questions, please do not hesitate to reach
out.
Best,
Megan Evans,
Government Relations Manager, Association of Equipment
Manufacturers (AEM).
Mr. HILL of Arkansas. Madam Chair, I urge a ``yes'' vote to offer
flexibility for contract apprenticeships across this country, and I
yield back the balance of my time.
Ms. DeLAURO. Madam Chair, may I ask how much time I have remaining.
The Acting CHAIR. The gentlewoman from Connecticut has 1\1/2\ minutes
remaining.
Ms. DeLAURO. Madam Chair, my Republican colleagues talk about the
need for fiscal restraint, government waste, the problem of
duplication. In fact, many will oppose the underlying bill, claiming
fiscal responsibility, but now they are offering an amendment that is
the antithesis of fiscal restraint.
Let's be clear. The IRAPs are duplicative. They promote government
waste. This amendment would open up Federal resources to support a
program that does not exist.
There are no IRAPs. The Department of Labor has yet to produce any
binding definition of what these programs are or what they will do. It
is easy to make promises when you do not have to deliver.
Registered apprenticeship programs do and currently are delivering.
That is why, in a bipartisan fashion, Congress has increased funding
year after year in a tested, proven model.
If the gentleman and my Republican colleagues want to support
workforce development, they can vote in favor of the underlying bill.
It provides $3 billion to States for job training to adults, youth, and
dislocated workers. I have a feeling that they will not because, like
the Trump administration's proposed IRAPs, they support workforce
development in name only.
Madam Chair, I urge my colleagues to vote ``no'' on this amendment.
We have many supporters of this effort: North American Building Trade
Unions, United Association of Plumbers and Pipefitters, AFL-CIO,
International Union of Operating Engineers, National Electrical
Contractors Association, New America, International Union of Painters
and Allied Trades, and Laborers' International Union of North America.
Vote ``no'' on this amendment.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arkansas (Mr. Hill).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arkansas
will be postponed.
{time} 2130
Amendment No. 39 Offered by Ms. Pressley
The Acting CHAIR. It is now in order to consider amendment No. 39
printed in part B of House Report 116-109.
Ms. PRESSLEY. Madam Chair, I rise as the designee of the gentlewoman
from California (Ms. Speier), and I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 52, line 16, after the first dollar amount, insert
``(increased by $5,570,000)''.
Page 90, line 6, after the first dollar amount, insert
``(reduced by $5,570,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from Massachusetts (Ms. Pressley) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Massachusetts.
Ms. PRESSLEY. Madam Chair, I not only rise in strong support of this
amendment proposed by my colleague, Congresswoman Speier, but I rise
today as a survivor of sexual violence.
Let me be clear: Every single survivor of sexual assault and sexual
violence deserves justice and deserves
[[Page H4574]]
healing. For far too long, we have made excuses about a culture that
tolerates violence, discredits survivors, and looks the other way.
Justice has been delayed.
Today, we are fighting to change that. We are speaking up. We are
standing up. We are speaking out, demanding that we end tolerance of
rape culture.
The CDC's Rape Prevention and Education program has been woefully
ignored and underfunded. Our amendment increases critical funding and
puts us one step closer to treating sexual assault as the public health
crisis that it is.
Using a public health frame to tackle this systemic issue can have a
transformative impact on the lives of the women, men, and nonbinary
individuals affected by sexual violence.
Our prevention approaches must be grounded in data and the lived
experiences of our constituents. We must teach consent, promote
understanding, and reshape the status quo in our workplaces, our
households, and our schools.
To my survivor tribe, we hear you. We see you. We are fighting for
you. This one is for you.
I thank the gentlewoman from California for her partnership on this
issue, and I yield such time as she may consume to the gentlewoman from
Connecticut (Ms. DeLauro).
Ms. DeLAURO. Madam Chair, I rise in support of this amendment.
I would note the underlying bill under consideration tonight includes
a 10 percent increase, $5 million for rape prevention and education
activities at the Centers for Disease Control and Prevention.
As the increase in our bill highlights, I am a strong supporter of
this program. We must stop sexual violence before it begins. This
amendment would add an additional increase of $5.57 million.
I commend my colleagues for bringing further attention to this
scourge that still exists in our society today and puts women at grave
risk. It is an important program so that we can look at, address, and
prevent sexual violence.
I urge my colleagues to vote ``yes'' on this amendment.
Ms. PRESSLEY. Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Massachusetts (Ms. Pressley).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from
Massachusetts will be postponed.
Amendment No. 40 Offered by Mr. Khanna
The Acting CHAIR. It is now in order to consider amendment No. 40
printed in part B of House Report 116-109.
Mr. KHANNA. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 58, line 10, after the dollar amount, insert
``(increased by $3,000,000)''.
Page 62, line 5, after the dollar amount, insert ``(reduced
by $3,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from California (Mr. Khanna) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. KHANNA. Madam Chair, I have a bipartisan amendment with the
gentleman from Ohio (Mr. Gonzalez).
Today's amendment adds $3 million to the National Institute of
Allergy and Infectious Diseases, with the intent to support the
Consortium of Food Allergy Research.
This consortium drives vital research necessary to fight innumerable
conditions and diseases suffered by millions of Americans. It is
foundational to so many of our medical breakthroughs and to our
competitive advantage.
Key to one of their missions is food allergies. Food allergies affect
32 million Americans and almost 6 million children. That is nearly 10
percent of the country battling, at some point, with food allergies.
Food allergies do not just consist of sensitivity to certain kinds of
food. That is a myth. Many times, they can be life-threatening.
In fact, 40 percent of children with food allergies have experienced
a severe reaction, such as anaphylaxis. Each year, more than 200,000
Americans require emergency medical care. A glance through Facebook
pages or support pages will detail many sad and scary stories.
This is equivalent to one trip to the emergency room every 3 minutes,
and the problem continues to grow.
The prevalence of food allergies has increased by 80 percent in the
last two decades, with peanut and tree nut allergies appearing to have
more than tripled since the 1990s. We really don't know yet why that is
happening.
In 2005, NIH established CoFAR within NIAID to focus on these
efforts. In just 14 years, CoFAR has made terrific advances. It
discovered genes associated with an increased risk for peanut allergy
and identified promising cures for peanut allergy and egg allergy
through immunotherapy.
I salute CoFAR's extraordinary staff.
CoFAR's 4-year egg treatment study actually allowed participants to
safely reintroduce egg, one of the most common and dangerous allergens
for children, into their diet after years of abstention.
CoFAR has achieved all of this on a budget of just $6.1 million.
Increasing it $3 million is well worth the investment.
Just think of all the families who could be made better by this.
Their fear of sending their children to school or to a neighbor's house
or to daycare without knowing the consequences could be alleviated.
We are a long way away still, but I believe we can prevent life-
threatening food allergies someday. This amendment brings us closer to
that day.
Madam Chair, I yield 1 minute to the gentlewoman from California (Ms.
Lee).
Ms. LEE of California. Madam Chair, I thank the gentleman for
yielding.
I rise in strong support of this bipartisan amendment. Recent
research has found that food allergies are far more common in the
United States than previously thought, and the prevalence has been
increasing in the last two decades.
Food allergies can cause severe reactions and can even be deadly.
Allergic reactions to food lead to more than 200,000 emergency room
visits each year.
The Consortium of Food Allergy Research at the National Institute of
Allergy and Infectious Diseases is supporting research to identify the
causes of and treatments for food allergies. The proposed funding
increase will allow this critical research to continue and to
accelerate.
I urge my colleagues to support this amendment, and I thank the
gentleman from California again for offering it.
Mr. KHANNA. Madam Chair, I reserve the balance of my time.
Mr. GONZALEZ of Ohio. Madam Chair, I claim time in opposition,
although I do not oppose the amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. GONZALEZ of Ohio. Madam Chair, I rise in support of this
amendment, and I am proud to work with my colleague, Representative
Khanna, in the effort to increase research funding for food allergies.
When my colleague asked me to join his efforts, I could not help but
think of my 1-year-old son and his probability of developing an allergy
later in life.
The CDC reports the prevalence of food allergies in children
increased by 50 percent between 1997 and 2011. In recent years, we have
seen the prevalence of peanut or tree nut allergies more than triple in
American children.
Food Allergy Research and Education, also known as FARE, estimates 5
million children and more than 32 million Americans have food allergies
in the U.S. Furthermore, State by State data shows that in my State of
Ohio, food allergies and anaphylaxis increased by 169 percent from 2009
to 2016.
Major foods causing anaphylaxis in Ohio were eggs, peanuts,
shellfish, and tree nuts. About half of the food allergies occurred in
kids under 13.
Clearly, we need to do more to find the scientific causes for this
spike in allergies.
[[Page H4575]]
Madam Chair, our amendment is a step in the right direction.
Last year, a local foundation, the Allison Rose Foundation in
northeast Ohio, was launched to educate the public about the real risk
that food allergies can pose to individuals who suffer from it. The
foundation was established in the name of Allison Rose, a young college
student who died as a result of a reaction due to her peanut allergy.
I urge my colleagues to support this bipartisan amendment to increase
research for food allergies and help us prevent future tragedies like
Allison Rose.
Madam Chair, I yield back the balance of my time.
Mr. KHANNA. Madam Chair, I would like to recognize the gentleman from
Ohio (Mr. Gonzalez) for his leadership, his willingness in his very
first term to work across the aisle on this, and his passion for this
issue.
I appreciate the leadership of Representative DeLauro, as well, and
the staff.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Khanna).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 41 Offered by Mr. Richmond
The Acting CHAIR. It is now in order to consider amendment No. 41
printed in part B of House Report 116-109.
Mr. RICHMOND. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 46, line 9, after the dollar amount, insert
``(increased by $7,000,000)''.
Page 46, line 11, after the dollar amount, insert
``(increased by $7,000,000)''.
Page 49, line 17, after the dollar amount, insert
``(reduced by $7,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Louisiana (Mr. Richmond) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. RICHMOND. Madam Chair, first, let me start off by including in
the Record a Harvard Public Health journal article, ``America Is
Failing Its Black Mothers.''
America Is Failing Its Black Mothers
For decades, Harvard Chan alumni have shed light on high
maternal mortality rates in African American women. Finally,
policymakers are beginning to pay attention.
Serena Williams knew her body well enough to listen when it
told her something was wrong. Winner of 23 Grand Slam singles
titles, she'd been playing tennis since age 3--as a
professional since 14. Along the way, she'd survived a life-
threatening blood clot in her lungs, bounced back from knee
injuries, and drowned out the voices of sports commentators
and fans who criticized her body and spewed racist epithets.
At 36, Williams was as powerful as ever. She could still
devastate opponents with the power of a serve once clocked at
128.6 miles per hour. But in September 2017, on the day after
delivering her baby, Olympia, by emergency C-section,
Williams lost her breath and recognized the warning signs of
a serious condition.
She walked out of her hospital room and approached a nurse,
Williams later told Vogue magazine. Gasping out her words,
she said that she feared another blood clot and needed a CT
scan and an IV of heparin, a blood thinner. The nurse
suggested that Williams' pain medication must be making her
confused. Williams insisted that something was wrong, and a
test was ordered--an ultrasound on her legs to address
swelling. When that turned up nothing, she was finally sent
for the lung CT. It found several blood clots. And, just as
Williams had suggested, heparin did the trick. She told
Vogue, ``I was like, listen to Dr. Williams!''
But her ordeal wasn't over. Severe coughing had opened her
C-section incision, and a subsequent surgery revealed a
hemorrhage at that site. When Williams was finally released
from the hospital, she was confined to her bed for six weeks.
Wanda Irving holds her granddaughter, Soleil, in front of a
portrait of Soleil's mother, Shalon Irving, at home in Sandy
Springs, Georgia. Wanda has been raising Soleil since
Shalon--an epidemiologist with the U.S. Centers for Disease
Control and Prevention--died in 2017 from complications of
hypertension a few weeks after giving birth.
Like Williams, Shalon Irving, an African American woman,
was 36 when she had her baby in 2017. An epidemiologist at
the U.S. Centers for Disease Control and Prevention (CDC),
she wrote in her Twitter bio, ``I see inequity wherever it
exists, call it by name, and work to eliminate it.''
Irving knew her pregnancy was risky. She had a clotting
disorder and a history of high blood pressure, but she also
had access to top-quality care and a strong support system of
family and friends. She was doing so well after the C-section
birth of her baby, Soleil, that her doctors consented to her
request to leave the hospital after just two nights (three or
four is typical). But after she returned home, things quickly
went downhill.
For the next three weeks, Irving made visit after visit to
her primary care providers, first for a painful hematoma
(blood trapped under layers of healing skin) at her incision,
then for spiking blood pressure, headaches and blurred
vision, swelling legs, and rapid weight gain. Her mother told
ProPublica that at these appointments, clinicians repeatedly
assured Irving that the symptoms were normal. She just needed
to wait it out. But hours after her last medical appointment,
Irving took a newly prescribed blood pressure medication,
collapsed, and died soon after at the hospital when her
family removed her from life support.
Viewed up close, the deaths of mothers like Irving are
devastating, private tragedies. But pull back, and a picture
emerges of a public health crisis that's been hiding in plain
sight for the last 30 years.
Following decades of decline, maternal deaths began to rise
in the United States around 1990--a significant departure
from the world's other affluent countries. By 2013, rates had
more than doubled. The CDC now estimates that 700 to 900 new
and expectant mothers die in the U.S. each year, and an
additional 500,000 women experience life-threatening
postpartum complications. More than half of these deaths and
near deaths are from preventable causes, and a
disproportionate number of the women suffering are black.
Put simply, for black women far more than for white women,
giving birth can amount to a death sentence. African American
women are three to four times more likely to die during or
after delivery than are white women. According to the World
Health Organization, their odds of surviving childbirth are
comparable to those of women in countries such as Mexico and
Uzbekistan, where significant proportions of the population
live in poverty.
Irving's friend Raegan McDonald-Mosley, chief medical
director for Planned Parenthood Federation of America, told
ProPublica, ``You can't educate your way out of this problem.
You can't health-care-access your way out of this problem.
There's something inherently wrong with the system that's not
valuing the lives of black women equally to white women.''
Lost mothers
Speaking at a symposium hosted by the Maternal Health Task
Force at the Harvard T.H. Chan School of Public Health in
September 2018, investigative reporter Nina Martin noted
telling commonalities in the stories she's gathered about
mothers who died. Once a baby is born, he or she becomes the
focus of medical attention. Mothers are monitored less, their
concerns are often dismissed, and they tend to be sent home
without adequate information about potentially concerning
symptoms. For African American mothers, the risks jump at
each stage of the labor, delivery, and postpartum process.
Neel Shah, an obstetrician-gynecologist at Beth Israel
Deaconess Medical Center in Boston and director of the
Delivery Decisions Initiative at Ariadne Labs, recalls being
struck by Martin's ProPublica-NPR series Lost Mothers, which
delved into the issue. ``The common thread is that when black
women expressed concern about their symptoms, clinicians were
more delayed and seemed to believe them less,'' he says.
``It's forced me to think more deeply about my own approach.
There is a very fine line between clinical intuition and
unconscious bias.''
For members of the public, the experiences of prominent
black women may prove to be a teachable moment. When pop
superstar Beyonce developed the hypertensive disorder pre-
eclampsia--which left untreated can kill a mother and her
baby--after delivering her twins by emergency C-section in
2017, Google searches related to the condition spiked.
According to the U.S. Agency for Healthcare Research and
Quality, pre-eclampsia--one of the leading causes of maternal
death--and eclampsia (seizures that develop after pre-
eclampsia) are 60 percent more common in African American
women than in white women, and also more severe. If it can
happen to Beyonce--an international star who presumably can
afford the highest-quality medical care--it can happen to
anyone.
Weathering report
Arline Geronimus, SD '85, has been talking about the
effects of racism on health for decades, even when others
haven't wanted to listen. Growing up in the 1960s in
Brookline, Massachusetts, Geronimus, who is white, absorbed
the messages of the Civil Rights movement and the
harrowing stories of her Jewish family's experiences in
czarist Russia. When she headed off to Princeton as an
undergraduate, she resolved to find a way to fight against
injustice. Her initial plan to become a civil rights
lawyer gave way when
[[Page H4576]]
she discovered the power and potential of public health
research.
Geronimus worked as a research assistant for a professor
studying teen pregnancy among poor urban residents, and, as a
volunteer at a Planned Parenthood clinic, witnessed close-up
the lives of pregnant black teens living in poverty in
Trenton, New Jersey. She felt a chasm open up between what
some of her white male professors were confidently
explicating about the lives of these adolescents and how the
young women themselves saw their lives.
According to the conventional wisdom at the time, Geronimus
says, teen pregnancy was the primary driver of maternal and
infant deaths and a host of multigenerational health and
social problems among low-income African Americans.
Researchers focused on this issue while ignoring broader
systemic factors.
Geronimus sought to connect the dots between the health
problems the girls experienced, like asthma and type 2
diabetes, and negative forces in their lives. She visited
them in their crumbling apartments and accompanied them to
medical appointments where doctors treated the girls like
props, without agency in their own care. And she noticed that
they seemed older, somehow, than girls the same age whom
Geronimus knew.
``That's when I got the fire in my belly,'' she says, her
voice rising. ``These young women had real, immediate needs
that those of us in the hallowed halls of Princeton could
have helped address. But we weren't seeing those urgent
needs. We just wanted to teach them about contraception.''
Geronimus came to the Harvard Chan School to learn how to
rigorously explore the ways that social disadvantage corrodes
health--a concept for which she coined the term
``weathering.'' Her adviser, Steven Gortrnaker, professor of
the practice of health sociology, provided data for her to
correlate infant mortality by maternal age. While most such
studies put mothers into broad categories of teen and not-
teen, Geronimus looked at the risks they faced at every age.
The results were surprising even to her.
White women in their 20s were more likely to give birth to
a healthy baby than those in their teens. But among black
women, the opposite was true: The older the mother, the
greater the risk of maternal and newborn health complications
and death. In public health, the condition of a baby is
considered a reliable proxy for the health of the mother.
Geronimus' data suggested that black women may be less
healthy at 25 than at 17.
``Being able to see those stark numbers was essential for
me,'' says Geronimus, who is now a professor of health
behavior and health education at the University of Michigan
School of Public Health and a member of the National Academy
of Medicine. And the implications were staggering. If young
black women were already showing signs of weathering, how
would that play out over the rest of their lives--and what
could be done to stop it?
Geronimus' questions were ahead of their time. The press
and the public--even other scientists--misinterpreted her
findings as a recommendation that black women have children
in their teens, she says, recalling with a sigh such clueless
headlines as, ``Researcher says let them have babies.''
In the 1970s, even researchers who broached the topic of
racial differences in health outcomes--and few did--focused
on small pieces of the puzzle. Some were looking at genetics,
others at behavioral and cultural differences or health care
access. ``No one wanted to look at what was wrong with how
our society works and how that can be expressed in the health
of different groups,'' Geronimus says. Over time, her ideas
would become harder to dismiss.
The tide began to turn in the early 1980s, when former
Health and Human Services Secretary Margaret Heckler convened
the first group of experts to conduct a comprehensive study
of the health status of minority populations. As the field of
social epidemiology took off, the Report of the Secretary's
Task Force on Black and Minority Health (also known as the
Heckler Report) brought Geronimus' animating questions into
mainstream debate.
Then, in 1993, researchers identified a physiological
mechanism that could finally explain weathering: allostatic
load. ``We as a species are designed to respond to threats to
life by having a physiological stress response,'' Geronimus
explains. ``When you face a literal life-or-death threat,
there is a short window of time during which you must escape
or be killed by the predator.'' Stress hormones cascade
through the body, sending blood flowing to the muscles and
the heart to help the body run faster and fight harder.
Molecules called pro-inflammatory cytokines are produced to
help heal any wounds that result.
These processes siphon energy from other bodily systems
that aren't enlisted in the fight-or-flight response,
including those that support healthy pregnancies. That's not
important if the threat is short term, because the body's
biochemical homeostasis quickly returns to normal. But for
people who face chronic threats and hardships--like
struggling to make ends meet on a minimum wage job or
witnessing racialized police brutality--the fight-or-flight
response may never abate. ``It's like facing tigers coming
from several directions every day,'' Geronimus says, and the
damage is compounded over time.
As a result, health risks rise at increasingly younger ages
for chronic conditions like hypertension and type 2 diabetes.
Depression and sleep deprivation become more common. People
are also more likely to engage in risky coping behaviors,
such as overeating, drinking, and smoking.
Geronimus' foundational work in the 1980s and 1990s has
been cited by David R. Williams, the Florence Sprague Norman
and Laura Smart Norman Professor of Public Health at the
Harvard Chan School, an internationally recognized expert in
the ways that racism and other social influences affect
health. His Everyday Discrimination Scale is one of the most
widely used measures of discrimination in health studies. It
includes questions that measure experiences such as being
treated with discourtesy, receiving poorer service than
others in restaurants or stores, or witnessing people act as
if they're afraid of you. As he explained in a 2016 TED MED
talk, ``This scale captures ways in which the dignity and the
respect of people who society does not value is chipped away
on a daily basis.''
Maternal Mortality in the U.S.: A Human Rights Crisis
Despite high-tech medical advances of the last century,
women around the world are still dying in pregnancy and
childbirth from age-old scourges such as hemorrhage and pre-
eclampsia and, increasingly, from complications related to
chronic diseases, obesity, and advanced maternal age.
In 2000, the global health and development community
acknowledged the need for action in Goal 5 of the U.N.
Millennium Development Goals, which aimed to reduce maternal
deaths by three-quarters in 15 years (it declined by 45
percent). While press and publicity around the push offered
harrowing stories, women reading these stories in the U.S.
may well have come away believing that it was a problem for
mothers in villages in Sierra Leone--but surely not in
Atlanta or Washington, D.C.
Starting in 2008, human rights groups around the world
began calling on the U.S. to do more to keep its mothers from
dying. The United Nations Committee on the Elimination of
Racial Discrimination (CERD) expressed concern about
inequities in maternal mortality and recommended that steps
be taken to improve access to maternal health care, family
planning, and sexuality education and information.
A 2012 Amnesty International report declared that these
steps weren't enough: ``Preventable maternal mortality can
result from or reflect violations of a variety of human
rights, including the right to life, the right to freedom
from discrimination, and the right to the highest attainable
standard of health.'' Having ratified two key international
treaties guaranteeing these rights, the authors wrote, the
U.S. government should be held accountable.
Four years later, representatives from the advocacy
organization SisterSong, the Center for Reproductive Rights,
and National Latina Institute for Reproductive Health issued
a report to CERD further exploring these issues. CERD adopted
the groups' recommendations, including addressing stereotypes
that promote discrimination in clinical settings and
standardizing data collection on maternal deaths. In 2015, an
advocacy organization called Black Mamas Matter emerged out
of this effort to keep pushing the agenda forward.
To the women leading the charge, one central fact was
clear: Racism is an undeniable thread running through the
stories of black mothers who die. But as Elizabeth Dawes Gay,
co-director of Black Mamas Matter and a public health
professional, wrote in The Nation, providers and researchers
often place ``the onus for large-scale change on individuals
rather than the systems that we know cause harm.''
Mr. RICHMOND. Madam Chair, I rise today with an amendment to increase
funding for the State Maternal Health Innovation Program by $7 million.
This program is specifically tasked with reducing care gaps, maternal
mortality, and disparities in maternal health.
The United States is the greatest country in the world with the most
innovative healthcare system around. We continue to develop cutting-
edge treatments that stretch the bounds of what is possible. Within the
last two decades, we have mapped the human genome, conducted surgeries
over the Internet, and grown organs out of stem cells. We have cured
diseases and revolutionized treatments.
Despite all that progress, more of our mothers and mothers-to-be are
dying today than at the turn of the century. Somehow, we have seen our
maternal mortality rate increase over the past 25 years, and
preventable near-deaths related to pregnancy have increased over 200
percent.
The statistics are shocking, and the reality for Black mothers is a
crisis. Black mothers in Louisiana are now 4 times more likely to die
than White mothers. The rate of Black maternal deaths is closer to the
rates in developing countries than the nations we usually compare
ourselves to.
With our vast resources and advanced technology, these deaths are
unacceptable. This is a problem that demands
[[Page H4577]]
our immediate attention. That is why I am here today with this
amendment.
With this increased funding, more States can implement programs to
improve the care that mothers receive. More families can remain whole.
More children can grow up with their mothers.
Madam Chair, I yield 1 minute to the gentlewoman from California (Ms.
Lee).
Ms. LEE of California. Madam Chair, first, let me thank the gentleman
for yielding and for this amendment.
I rise in strong support of this amendment. More women die from
pregnancy-related complications in the United States than any other
developed country.
There are major disparities. For example, Black women are 3 to 4
times more likely than White women to die during pregnancy or
childbirth.
I was proud to support a new initiative to address maternal mortality
in the fiscal year 2019 appropriations act. This amendment will enable
the bureau to expand support for State Maternal Health Innovation
Grants, which fund evidence-based, State-led demonstrations to improve
maternal care service delivery and, ultimately, reduce maternal
mortality.
I urge my colleagues to support this amendment, and I thank the
gentleman for offering this tonight.
{time} 2145
Mr. RICHMOND. Madam Speaker, if there are no other speakers, I am
prepared to close.
Madam Speaker, let me just say, simply put, for Black women far more
than for White women, giving birth can amount to a death sentence.
When Black women express concern about their symptoms, clinicians are
more delayed and seem less likely to believe them. And the question
becomes, as Harvard put it, whether it is clinical intuition versus
unconscious bias.
So as we look around the country and we see the complications from
motherhood for African American women, we can look at Serena Williams;
we can look at Beyonce; we can look in my household; we can look at
Ashley Mitchell, whose funeral I went to just this past weekend.
This is a crisis we have the ability overcome. We are America. We do
great things when we put our mind to it, and this amendment simply asks
this body to put our mind to maternal health, especially for African
American women, but for all women in this country, to make sure that
the best thing about womanhood, an ability to give birth, does not
become a death sentence.
Madam Chair, I ask for everyone's support, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Richmond).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Louisiana
will be postponed.
Amendment No. 42 Offered by Mr. Banks
The Acting CHAIR. It is now in order to consider amendment No. 42
printed in part B of House Report 116-109.
Mr. BANKS. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division A (before the short title), insert
the following:
Sec. __. Each amount made available by this division (other
than an amount required to be made available by a provision
of law) is hereby reduced by 14 percent.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Indiana (Mr. Banks) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Indiana.
Mr. BANKS. Madam Chair, I yield myself as much time as I may consume.
Madam Chair, under this division, we are looking at spending $189.9
billion for fiscal year 2020. That is an increase of $11.8 billion over
the 2019-enacted levels and $47.9 billion above the President's
request.
With $22 trillion in debt and trillion-dollar deficits for as far as
the eye can see, it is long past time for Congress to start making the
difficult decisions necessary to balance the budget.
If we do not confront this problem, we will condemn future
generations to higher taxes and a lower standard of living.
As a father of three daughters, this is simply unacceptable to me.
Madam Chair, my amendment reduces the funds made available for each
amount in division A of H.R. 2740 by 14 percent. This would reduce
total appropriations of this division down to Budget Control Act
levels.
As chairman of the Republican Study Committee Task Force on Budget
and Spending, I am proud to have worked with eight of my colleagues on
the only serious effort in this Congress to confront our debt crisis.
The result was a budget that cut $12.6 trillion in spending and
balanced in 6 years.
An important part of the RSC budget was bringing nondefense
discretionary spending down to commonsense levels. My amendment before
the House today would help make those reductions a reality.
Adoption of this amendment would show that we are acknowledging our
spending addiction and are taking the necessary first steps to address
it.
Madam Chair, I urge my colleagues to support this commonsense
amendment and rein in spending of taxpayer dollars.
Madam Chair, I reserve the balance of my time.
Ms. LEE of California. Madam Chair, I rise in opposition to the
amendment.
The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
Ms. LEE of California. Madam Chair, this amendment would cut funding
for important programs and services that provide opportunities for
working families. Many of these programs are already underfunded and
fail to meet the existing need.
For instance, the amendment would cut Head Start by more than $1.6
billion, denying slots to 80,000 children we are trying to provide with
access to high quality, early learning programs, as well as rejecting
our proposal to increase funding for trauma-informed care, which is
critical for children affected by the opioid crisis.
This amendment would cut after-school programs by $185 million,
taking away enrichment opportunities for roughly 222,000 students.
It would cut Title I funding by $2.4 billion, reducing resources for
an estimated 25 million students in high-poverty schools.
It would cut the number of new and competing research grants at NIH
by approximately 87 percent, which is over 10,000 fewer new research
grants.
It cuts tens of millions of nutritious meals for more than 2 million
low-income seniors.
Also, this amendment would close Social Security field offices in
every district, while worsening wait times for in-person services,
phone services, and exacerbating the disability hearings backlog.
It would also cut Federal Work Study programs by $200 million,
resulting in 114,000 fewer awards to students.
The sponsor of the amendment cites the national debt as a reason to
cut funding to programs that benefit working families, but I note that
he did vote for the Republican tax scam, which added more than $2
trillion to the national debt by cutting taxes for big corporations and
the wealthiest families.
My Republican colleagues don't object to adding to the debt when it
benefits corporations and the wealthy. They only object to it if it
means providing opportunities for hardworking families.
Madam Chair, I strongly oppose this amendment, and I reserve the
balance of my time.
Mr. BANKS. Madam Chair, the Democrat majority promised the American
people before the last election that they would produce a budget, and
the Democrat majority has failed the very basic first step of
leadership in failing to do so.
Without putting a budget on the floor of this House of
Representatives and showing the American people the priorities of the
Democrat majority, we
[[Page H4578]]
can only assume that the Democrat majority has no interest in balancing
the budget.
That being the case, my amendment is a very basic first step toward
doing just that.
My daughters are 9, 7, and 6 years old, and they are the ones who
will be holding the bag for the lack of leadership in this Congress,
who refuses to address the issue that is staring us in the face, a $22
trillion national debt.
Madam Chair, I reserve the balance of my time.
Ms. LEE of California. Madam Chair, this amendment would cut $25.6
billion from programs that fund schools, Pell Grants, community health
centers, substance abuse prevention and treatment, biomedical research,
the CDC, childcare, and early childhood learning programs, also job
training, as well as agencies that protect workers and workplaces,
among so many other programs that provide opportunities to low and
middle-income families.
The amendment is totally misguided, and it will harm tens of millions
of Americans.
Madam Chair, I strongly oppose it. I urge a ``no'' vote, and I yield
back the balance of my time.
Mr. BANKS. Madam Chair, Hoosiers sent me to Washington, D.C., to do
something about just this.
The spend, spend, spend mantra of Members of Congress for many
decades in the past has got to come to an end now.
That is why this amendment, a commonsense amendment to cut spending
in this appropriations package by 14 percent, is a necessary step
forward to balancing the budget.
That is why I am here. I am committed to being tireless in my pursuit
of a balanced budget.
Madam Chair, as I have said already, we have a $22 trillion national
debt. This division spends $189.9 billion, which is an increase of
$11.8 billion over the 2019-enacted levels and $47.9 billion more than
the President's request.
If Congress does not confront this problem head on and exercise
fiscal discipline, we are robbing our children's children of their
future.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Indiana (Mr. Banks).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. CLOUD. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Indiana will
be postponed.
Amendment No. 43 Offered by Mr. Keating
The Acting CHAIR. It is now in order to consider amendment No. 43
printed in part B of House Report 116-109.
Mr. KEATING. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 49, line 17, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 49, line 17, after the dollar amount, insert
``(increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Massachusetts (Mr. Keating) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. KEATING. Madam Chair, with every study, every research paper,
every scientific breakthrough, we have come to understand that most
Americans realize that there is more to healthcare than those who are
sick and those who aren't. Really, we can't just focus our treatment on
those that are unwell.
It is a shortsighted strategy, and unfortunately, the one this
country has been employing for far too long before the Affordable Care
Act.
Why would we only try to treat the problem once it has already
occurred, when we can work to prevent it in the first place?
The keys to prevention are a healthy living environment and swift
access to care, helping us deal with healthcare issues before they
become acute. And this approach will save money.
With that in mind, I am offering my amendment to appropriate funds to
study how to help bring social and behavioral aid programs under the
same roof as our traditional healthcare providers.
We know there is a link between healthy living, housing, and food
security. If we already allocate funds to programs to help facilitate
healthy living, why don't we house them in the same place that we are
housing these health centers?
This works. I have seen it.
A holistic approach like this will demonstrate to people in rural,
underserved, or underprivileged communities that no matter how
seemingly dire their situations, there are paths to healthy living.
Sadly, we see daily reminders that where someone is born or where
they live can determine so much in their lives.
My home State of Massachusetts is a leader when it comes to
healthcare, but it is not without its own disparities. In some corners
of my district, the average life expectancy is less than 70 years of
age, while elsewhere in the Commonwealth, it could be over 90 years
old.
There is no easy answer to why that is the case. It is a combination
of means, education, environment, and access to healthcare.
Clearly, there needs to be more progress. Education and access to
information can help to lift people into healthier circumstances.
If health centers had specialists who had experience dealing with
SNAP and WIC, more families would receive nutritional advice and more
young mothers would be able to raise healthier babies.
In those same centers, if we had people who could really help with
housing concerns, we would be able to get more people into stable
situations and off the street corners and away from homelessness.
For those dealing with brain diseases like addiction, integrating
mental health services could help improve access to comprehensive
treatment.
In my district, I have seen firsthand the great work done by the
Greater New Bedford Community Health Center and the Outer Cape Health
Services in Harwich, Massachusetts, where they try to incorporate these
services, and actually successfully incorporate these services that
impact social detriments of healthcare all under one roof.
I am also excited to note that this coming Friday, the Outer Cape
Health Services is reopening and expanding a comprehensive healthcare
center in Wellfleet to better serve an underserved rural community over
90 minutes away from the closest hospital.
But nationwide, existing resources can only get us so far.
We are on the verge of a breakthrough, and we need to find out how
Congress can take us beyond this tipping point.
That is why my amendment is important. We need to know how much our
health centers need to plan and what they need to successfully tackle
social determinates of health alongside traditional healthcare
services.
My amendment provides the Health Resources & Services Administration
with the resources that will allow them to study this.
Mr. Chair, I yield 1 minute to the gentlewoman from California (Ms.
Lee).
{time} 2200
Ms. LEE of California. Mr. Chair, first let me thank the gentleman
from Massachusetts for offering this extremely important amendment, and
I fully support it.
Social factors such as poverty, substandard housing, and unsafe
neighborhoods are critical drivers of health outcomes. I share the
gentleman's concern and agree that we need to better understand how
environmental conditions such as these play a role in human health.
Let me just say to the gentleman, we work very closely with the
Black, Hispanic, and Asian Pacific American Caucus in terms of our
health strategies with regard to communities of color to close health
disparities. This amendment is so important in those efforts.
I would note, also, that the committee report accompanying the Labor-
HHS appropriations bill encourages the Centers for Medicare and
Medicaid Services to clarify and disseminate strategies to States to
address social
[[Page H4579]]
determinants of health in the Medicaid and CHIP programs.
I thank the gentleman once again for offering this amendment and urge
my colleagues to vote ``yes.''
Mr. KEATING. Mr. Chair, I thank the gentlewoman, and I urge my
colleagues all across the Nation, if you are in a rural area, if you
are in an underserved area, this is important for all of us.
Mr. Chairman, I urge support of this, and I yield back the balance of
my time.
The Acting CHAIR (Mr. Rouda). The question is on the amendment
offered by the gentleman from Massachusetts (Mr. Keating).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from
Massachusetts will be postponed.
Amendment No. 44 Offered by Mrs. Miller
The Acting CHAIR. It is now in order to consider amendment No. 44
printed in part B of House Report 116-109.
Mrs. MILLER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 52, line 5, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 90, line 6, after the first dollar amount, insert
``(reduced by $2,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentlewoman
from West Virginia (Mrs. Miller) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentlewoman from West Virginia.
Mrs. MILLER. Mr. Chairman, I rise today to offer my amendment to H.R.
2740. My amendment would increase the funding for neonatal abstinence
syndrome research by $2 million at the Centers for Disease Control to
ensure adequate funding for this terrible condition.
The opioid epidemic plaguing our Nation is heartbreaking, and
especially in my home State of West Virginia. Too many members of our
communities know of its devastating effects far too well. Whether it be
a family member, a friend, the person in line behind you at the grocery
store, or even someone praying beside you in church, we all have seen
the pain that it causes.
Sadly, many of our youngest citizens are suffering from the second-
generation impacts of this crisis as well. West Virginia has one of the
highest rates of neonatal abstinence syndrome, which is the withdrawal
symptoms experienced by infants who are exposed to opioids and other
addictive drugs while inside the womb. For every 1,000 babies born in
my State, 50 enter this world exposed to drugs.
In my hometown of Huntington, we are blessed to have facilities that
are dedicated to caring for babies suffering from NAS, like the
neonatal therapeutic unit at the Hoops Family Children's Hospital and
Lily's Place, where First Lady Melania Trump made a very special visit
last year.
I visited the hospital to see these beautiful, innocent babies who
are battling insurmountable odds. My heart aches as they cry in pain,
shivering and shaking. I see the care in the eyes of the doctors and
the nurses who tend to them 24 hours a day, and I can feel the love
from the volunteers who cuddle these tiny children and soothe them
through the worst moments of their early lives.
There is still so much more to do. My colleagues, I stand before you
to tell you that, today, we can do more. I ask you all to support my
amendment to double the funding of NAS research and to improve the
lives of our most precious and struggling citizens.
This is so very important to our little tiny babies who are exposed
to the terrible epidemic that we have going on across our country, and
I urge Members, please adopt my amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from West Virginia (Mrs. Miller).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. MOONEY of West Virginia. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from West
Virginia will be postponed.
Amendment No. 45 Offered by Mr. Cicilline
The Acting CHAIR. It is now in order to consider amendment No. 45
printed in part B of House Report 116-109.
Mr. CICILLINE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 121, line 7, after the first and second dollar
amounts, insert ``(increased by $500,000)''.
Page 134, line 20, after the first dollar amount, insert
``(decreased by $500,000)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Rhode Island (Mr. Cicilline) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. CICILLINE. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, a recent study found that only about 36 percent of
Americans would be able to pass a multiple choice test with questions
from the U.S. citizenship test on it, while another study found that
only 26 percent of Americans are able to name all three branches of
government.
These numbers are not only startling on their own, but they also
correspond with historically low opinions of the Federal Government and
record low voter turnout rates. Currently, only nine States in this
country require students to complete 1 year of education in civics or
government, while 10 States have no civics education requirement at
all.
Across the country, school districts are expressing concern over the
need for greater civics education. Last year, 74 percent of
superintendents expressed that preparing students to become engaged
citizens was a challenge.
In African American and Hispanic communities, students are twice as
likely to score low on national civics assessment tests as White
students. And a similar gap exists between wealthy and poor communities
as well.
These are all signs that point to a growing crisis in civic and
political engagement in younger Americans, and unless action is taken
against students engaged in their government, disenchantment with the
electoral process and disinterest in the issues that will increasingly
shape their future and the future of our Nation will continue to grow.
Congress needs to show a commitment to strengthening civics education
programs throughout our country in order to reverse the trend. My
amendment would provide an additional $500,000 for national activities
in civics and history education under title 2 of the Elementary and
Secondary Education Act.
Evidence demonstrates that effective civics education can have a
significant impact on young people. Students who receive effective
civics education develop strong critical thinking skills, are more
likely to take an active role in their government, and are much more
likely to volunteer or become more involved in their communities.
According to the Center for Information and Research on Civic Learning
and Engagement, students who participate in civics education during
high school are significantly more likely to graduate from college.
I am hopeful that this modest increase will show that we are ready to
move in the direction of preparing young people in this country to be
more engaged with the world around them and ensure that they are
invested in strengthening our democracy.
I urge my colleagues to adopt the amendment.
Mr. Chairman, I yield the balance of my time to the gentlewoman from
California (Ms. Lee).
Ms. LEE of California. Mr. Chairman, first let me thank my colleague
for raising the importance of the American history and civics national
activities program, and I support this amendment.
These competitive grants reflect one of two dedicated funding streams
for civic and American history in the Labor-HHS bill helping to spur
innovation and assist underserved students.
[[Page H4580]]
The underlying bill rejects the Trump administration's harmful budget
request to eliminate these programs.
I appreciate that the amendment draws attention to the importance of
the American History and Civics National Activities program, and I am
happy to support it, and I urge an ``aye'' vote.
I thank the gentleman, again, for the amendment.
Mr. CICILLINE. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Rhode Island (Mr. Cicilline).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. MOONEY of West Virginia. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Rhode Island
will be postponed.
Amendment No. 46 Offered by Mr. Bera
The Acting CHAIR. It is now in order to consider amendment No. 46
printed in part B of House Report 116-109.
Mr. BERA. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 64, line 18, after the dollar amount, insert
``(reduced by $1)''.
Page 64, line 18, after the dollar amount, insert
``(increased by $1)''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from California (Mr. Bera) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. BERA. Mr. Chairman, I rise today to offer an amendment to H.R.
2740.
My amendment is simple. It would direct the Substance Abuse and
Mental Health Services Administration, SAMHSA, to explore using its
funds to explore peer-to-peer mental health programs for first
responders.
Our first responders--our police officers, our EMS, our
firefighters--are at particular risk for suicide. Studies have found
they have some of the highest rates of suicide. This is a difficult
thing to discuss, but we need to address it.
These are men and women who are exposed to trauma every day, things
that a normal human being is not going to see. Every day, firefighters,
police officers, and EMS are responding to calls for help. It is time
we heard their call. That is why I am glad the Labor-HHS appropriations
report requires SAMHSA to examine PTSD among first responders.
I want to thank my colleagues, Mrs. Murphy and Mr. Soto, for working
to include this language in the bill.
One tool to address post-traumatic stress is peer-to-peer programs
where our first responders can turn to a trusted friend and talk to
them about what they are struggling with.
I have introduced the Helping Emergency Responders Overcome, or HERO,
Act to authorize HHS to do just that. We need to explore this tool so
that we can help our police, our EMS, our firefighters just as they
help us.
Mr. Chairman, I urge my colleagues to support my amendment.
I yield the balance of my time to my colleague from California (Ms.
Lee).
Ms. LEE of California. Mr. Chairman, first of all, let me thank the
gentleman for this very important amendment, and I rise in strong
support of it.
Civilian first responders in the disciplines of law enforcement, fire
services, and emergency medical services routinely face highly
stressful situations. They are the ones we call upon when we are in
need. This amendment raises attention to the importance of the mental
health needs of our first responders.
Peer-to-peer mental health programs for our first responders
acknowledge that those who are committed to the same type of work may
be the ones best suited to support their own colleagues' mental health.
For so long mental health issues were relegated to the shadows,
approached with the shame and misunderstanding that only exacerbates
pain for people and their families.
Now, as a clinical social worker myself by profession and the chair
of the Social Work Caucus here in the House, we know how widespread
these issues are. It is up to all of us to work to erase the stigma
around mental health.
I thank my colleague for offering this amendment, and I urge its
adoption.
Mr. BERA. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Bera).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. MOONEY of West Virginia. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
{time} 2215
Amendment No. 47 Offered by Mr. Castro of Texas
The Acting CHAIR. It is now in order to consider amendment No. 47
printed in part B of House Report 116-109.
Mr. CASTRO of Texas. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 113, line 23, after ``section 5.5,'' insert ``and
section 3.3.16''.
The Acting CHAIR. Pursuant to House Resolution 431, the gentleman
from Texas (Mr. Castro) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. CASTRO of Texas. Mr. Chairman, this amendment requires the Office
of Refugee Resettlement to report all deaths of children in their
custody.
Mr. Chairman, I reserve the balance of my time.
Mr. HARRIS. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Maryland is recognized for 5
minutes.
Mr. HARRIS. Mr. Chairman, I reserve the balance of my time.
Mr. CASTRO of Texas. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Chairman, I thank the gentleman for his commitment,
his concern, and his dedication.
I rise in support of my colleague's amendment.
The death of any child is devastating. The fact that children have
died while in the custody of the Federal Government and we don't know
the circumstances of why, or sometimes even when, they have died is
almost beyond comprehension to me.
We have an oversight role. It is our responsibility to make sure that
children are safe and protected while they are in the custody of Health
and Human Services. If you take a look at the mission statement of
Health and Human Services, it says to place a child in a safe
environment and do it as expeditiously as possible.
It is also our responsibility to ensure that HHS is fully transparent
and they ``appropriately respond to the death of an unaccompanied alien
child in the care and custody of ORR.''
What my colleague, Mr. Castro, wants to do is to make sure that the
Department of Health and Human Services follows its own written policy.
It is as simple as that. HHS' own policy, section 3.3.16 states: ``ORR
and its care providers must immediately report the death to appropriate
Federal, State, and local authorities. ORR must also notify the child
or youth's parent, legal guardian, or next-of-kin; attorney; and
applicable consulate of the death.''
My God, if we can't do that, who are we? Where are our values? Shame
on us if we are not protecting these children and reporting when
something is wrong or when they have died.
Mr. Chairman, this is a commonsense amendment. I strongly support it.
I thank the gentleman for offering it.
Mr. CASTRO of Texas. Mr. Chairman, I want to repeat what my amendment
is. My amendment is to make sure that if a child dies in government
custody, that that death is reported to the Congress. I am shocked that
anybody in this Chamber would disagree with that provision.
I am saying that if somebody dies in ORR custody, they are going to
tell us. So to be opposed to this amendment means that you want to be
part of a coverup and make sure that the government does not say
anything about a child's death.
[[Page H4581]]
The reason that this is so important is because last September a
young 10-year-old girl died. This Congress and the American people were
not told for 7 or 8 months about that young girl's death.
Today, we offer an amendment to make sure that the Congress is told,
that the American people know what is going on with their government.
And when I offer that amendment on the other side, I am opposed, people
are against it. They want to cover up these deaths? They don't want the
American people to know that people are dying?
There have been, in the last few years--actually, in less than a
year--six children who have died in government custody, and more adults
over the last few years.
This is already the rule with the Department of Homeland Security
with ICE. This is extending it to ORR.
Mr. Chairman, I reserve the balance of my time.
Mr. HARRIS. Mr. Chairman, it is already the rule. We are wasting our
time here today. These are reported.
The hypocrisy of coming to the floor and claiming to be for the
children, while opposing the President's supplemental budget that
actually will take care of these children.
The Members who are going to vote and who support this opposed the
President's funding request to actually take care of the thousands of
children who are crossing the border every week. Without that money,
you can't take care of these children.
So the proponents of this amendment--again, this is a totally
unnecessary amendment because this is already the policy of the
administration. This is make-believe. This administration reports the
deaths. It is the hypocritical proponents of the amendment who oppose
funding to take care of children on the border for purely political
purposes.
If they really want to take care of the children on the border, this
bill would have included a supplemental appropriation to take care of
those children. In fact, that amendment was considered in committee and
along party lines rejected. The majority rejected money to take care of
the children and now come to the floor and claim to be for the
children.
Mr. Chairman, I yield 1 minute to the gentleman from North Carolina
(Mr. Meadows).
Mr. MEADOWS. Mr. Chairman, I thank the gentleman for his passion, for
his advocacy, and for truly making sure that we set the record
straight.
The gentleman from Texas has his heart in the right place. Actually,
the gentlewoman who spoke earlier, she and I actually met the very
first time, we came together--a liberal from the northeast, a
conservative from the south--to actually address human trafficking
together.
I think it is high time that in a bipartisan way we get together,
work together on this supplemental, and let's do it tonight. Instead of
having show votes, let's make sure that we provide the money that the
President has requested to make sure that the humanitarian needs at the
border are taken care of.
The gentleman from Maryland is exactly right, now is the time to act.
Let's show the compassion with our vote.
Mr. HARRIS. Mr. Chairman, I yield 1 minute to the gentleman from
Texas (Mr. Roy).
Mr. ROY. Mr. Chairman, we are sitting here 10:30 at night, and I am
mystified that my colleagues on the other side of the aisle are
preaching about this issue, which is already the policy of the
administration, and yet we are not funding the $4.5 billion request
from the administration to deal with the problem at hand.
Our border is being overrun. My friend from Texas knows this, we know
it, if you go spend any time on the border. We had 144,000 people
apprehended on our southern border. HHS has taken charge of nearly
41,000 unaccompanied alien children this year, a 57 percent increase
from last year. I could go down stat after stat after stat.
Little girls are being abused on the journey and cartels are
profiting while we ignore it. Talk to the mayor of Uvalde, Texas, and
throughout the southern area of Texas, talk to the people about what is
actually happening in the communities.
The Acting CHAIR. The time of the gentleman has expired.
Mr. HARRIS. Mr. Chairman, I yield an additional 1 minute to the
gentleman from Texas.
Mr. ROY. I cannot believe, for the life of me, that we can't come
together in a bipartisan fashion to pass $4.5 billion to fund the
necessary beds, to fund what is necessary to house these children.
When people talk about kids in cages, are they directly attacking
Border Patrol? Have they spent time with Border Patrol who are trying
to figure out whether a kid's dad is actually the dad or whether it is
somebody who is using that child?
That is happening today while this body waxes on about whatever
amendment we are throwing on the floor right now that is already part
of the administrative policy. We are not actually addressing the
problem. And the American people sent us here to do that: Oh, by the
way, oh, no, we are demanding votes.
Heaven forbid this body votes. Heaven forbid we follow the
Constitution, which says something about a quorum. Maybe we should
actually be in this body voting on the things the American people sent
us here to do, like secure the border and ensure the safe passage of
migrants in the United States of America under our rule of law.
Mr. CASTRO of Texas. Mr. Chairman, we have a disagreement. I don't
believe this is the law right now. If it already is the law, then what
is the big deal with supporting this amendment? All it does is reaffirm
the law. I am surprised that we can't agree to it.
I want to give you an example and a story of why this is so
important. Last September, when Darlyn Valle died in the custody of the
Office of Refugee Resettlement, news of this death was not revealed to
the American public or Members of Congress until just a few weeks ago
because of a CBS investigation.
Darlyn Valle was 10 years old when she died while in ORR custody. She
was in ORR custody in my hometown of San Antonio when she became
gravely ill and staff sent her to the hospital. However, beyond those
few details, we have limited information surrounding her death because
the administration has decided to deny it to Congress, even after we
asked the officials repeatedly about any injuries, abuse, or deaths on
their watch.
This amendment seeks to end this confusion and enhance transparency
in our government. I want to repeat that again. Last fall, when we were
asking this administration whether any child had died or been seriously
injured in government care and custody, their answer was no.
Mr. Chairman, I yield back the balance of my time.
Mr. HARRIS. Mr. Chairman, the bottom line is, let's stop the
charades. This is already an administration policy.
I understand the desire to score political points against this
President, a president who has come to Congress and said that we need
more money because of the flood of children across the border. There
were 145,000 people who crossed the border last month, including
thousands and thousands of children--he needs money to take care of
them--and the majority refuses to bring this bill to the floor. In
fact, in a motion to recommit, they voted against it and in committee
they voted against it.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Castro).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
[[Page H4582]]
Mr. MOONEY of West Virginia. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.