[Congressional Record Volume 165, Number 103 (Wednesday, June 19, 2019)]
[House]
[Pages H4797-H4896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
2020
General Leave
Mrs. LOWEY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 3055.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 445 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. 3055.
The Chair appoints the gentleman from Oregon (Mr. Blumenauer) to
preside over the Committee of the Whole.
{time} 1537
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. 3055) making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2020, and for other purposes, with Mr. Blumenauer in the
chair.
The Clerk read the title of the bill.
The Acting 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. Chair, I yield myself such time as I may consume.
Mr. Chair, today we continue investing for the people with H.R. 3055,
consisting of five fiscal year 2020 appropriations bills that offer a
brighter future for American families and make American communities
safer and stronger.
This legislation invests in America's infrastructure. It would
provide billions for the roads, highways, and transit systems of
tomorrow. It would strengthen and modernize public housing. It would
expand programs that ensure every community has clean and safe drinking
water, and it would help bring the promise of broadband to more rural
communities.
This legislation would protect our environment and tackle the climate
change crisis. It rejects misguided cuts to the EPA and would expand
climate research. And it would prioritize resilience to the effects of
climate change in key Federal programs.
Finally, among many priorities, this legislation would strengthen our
democracy. Strong funding increases would enable a thorough and
accurate 2020 Census, improve civil rights enforcement, and help
protect voting rights.
This legislation is the product of hard work and input from Members
on both sides of the aisle. I am very proud of our talented
Appropriations subcommittee chairs and our outstanding staff, and I
look forward to discussing more about what this package does for the
people.
Mr. Chair, I urge my colleagues to join me in support of this
legislation, and I reserve the balance of my time.
Ms. GRANGER. Mr. Chairman, I yield myself such time as I may consume,
and I rise today in opposition to H.R. 3055.
Unfortunately, this appropriations bill and the bill that just passed
the House are written to an unrealistic top-line funding number, $176
billion above the current budget caps.
We still do not have a consensus on a budget agreement for fiscal
year 2020, which could lead to sequestration, resulting in devastating
cuts to our military.
Moving this second appropriations package today as is is another
wasted opportunity. The funding levels are far from what the President
has requested and will support. Total discretionary funding in this
bill is nearly 10 percent above the fiscal year 2019.
In addition, this package contains poison pill provisions that will
likely lead to a veto and another government shutdown.
The package jeopardizes our Nation's security. Some of the most
troubling provisions include: preventing funds from being used for the
border wall or barriers; limiting the President's ability to respond to
a national emergency; and allowing Guantanamo Bay detainees to be
transferred to the United States.
The bill allows taxpayer dollars to be used to provide lawyers for
migrants crossing the southern border and prohibits a question on
citizenship to be added to the 2020 Census.
If this bill is enacted, industry would be burdened by more
regulation. The bill allows the regulation of greenhouse gas emissions
from livestock, as outlined in the Green New Deal; it supports the
listing of sage-grouse under the Endangered Species Act, which would
impact energy and mineral development in 11 Western States; and it
includes three new regulations that would unfairly burden the trucking
industry.
The bill also prohibits the administration from setting reasonable
fuel efficiency standards, and the legislation attacks our Second
Amendment rights
[[Page H4798]]
by removing the longstanding firearms-related protections.
The bill also includes new language that was not voted on in
committee, which would provide backpay to certain Federal contractors
who were affected by the government shutdown. This comes with a high
price tag. CBO says it would cost $1 billion to implement this
provision. It is disappointing that this language is being slipped into
this package.
Perhaps, even more concerning is that we are considering this bill
before we address the crisis at the border. This situation is getting
worse by the day, and we must take action now.
I am encouraged to hear the Senate marked up a bipartisan bill in
committee this morning, and I hope we can move legislation through both
Chambers and get it signed by the President very soon.
The bottom line is the priorities reflected in this bill are
misguided. The bill spends too much money, and it contains partisan
policy issues that will not make it into law.
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This package falls short of what our constituents and the American
people expect and deserve. I know that my colleague and friend,
Chairwoman Lowey, has worked very hard to get us to this point today
and that she and her subcommittee chairs included many priorities of
both Members on both sides of the aisle.
Unfortunately, on balance, these bills are partisan measures, and I
cannot support them in their current form.
I look forward to working with my colleagues to pass a commonsense
border security supplemental bill and a bipartisan budget agreement.
Then we can turn to the work we have to do to complete the fiscal year
2020 bills. We must give the President bills he will sign into law that
are at more reasonable funding levels and without controversial riders.
Mr. Chair, I strongly urge my colleagues to vote ``no'' on this
package, and I reserve the balance of my time.
Mrs. LOWEY. Mr. Chair, I am very pleased to yield 5 minutes to the
gentleman from New York (Mr. Serrano), the chairman of the Commerce,
Justice, Science, and Related Agencies Subcommittee.
Mr. SERRANO. Mr. Chair, as the chairman of the Commerce, Justice,
Science, and Related Agencies Subcommittee, I would like to talk about
the fiscal year 2020 Commerce, Justice, Science bill, which is
contained in division A of the minibus.
The budget proposed by the Trump administration for the agencies in
this bill was totally inadequate. The President proposed eliminating a
large number of programs that Members on both sides of the aisle
strongly support.
Thankfully, with an allocation of $73.895 billion, this subcommittee
was able to address these problems and to invest in the future of our
Nation.
This legislation makes significant investments in justice reform,
economic development, and the science agencies. We increased funding
for programs and research focused on climate change, as well as for
efforts to address gun violence and to implement the 2020 Census.
Let me highlight a few issues.
In order to address the ongoing challenges faced by the Census Bureau
leading up to next year's decennial Census, this bill provides $8.45
billion for the Census Bureau, of which more than 90 percent directly
funds the 2020 Census. This amount is $2.3 billion above the
administration's very inadequate request.
In addition, this legislation carries language that prevents funding
from being used to include a citizenship question on the 2020 Census
form.
This bill also rejects the administration's proposed cuts to climate
change programs. We provide over $2 billion for NASA Earth Science, a
significant increase over fiscal year 2019, as well as a 17 percent
increase for NOAA climate research activities. Significant increases
are also included for NOAA programs that address the impacts of climate
change.
To address the epidemic of gun violence in our Nation, this bill
increases funding for the Bureau of Alcohol, Tobacco, Firearms and
Explosives by $122 million over fiscal year 2019. We also provide $80
million for grants to help improve firearms background checks and $125
million for school safety grants authorized by the STOP School Violence
Act.
To ensure our Nation's science agencies have the resources needed to
continue our leadership in research and innovation, this bill adds
substantial funding to NASA, the National Science Foundation, and NIST.
The bill also includes strong funding increases for economic
development activities and infrastructure improvements in hard-hit
rural and urban areas--in particular, for the Economic Development
Administration and the Minority Business Development Agency.
We also provide large increases for the Legal Services Corporation,
the Violence Against Women Act, opioid reduction initiatives, and the
First Step Act, among many others.
In sum, there is a lot in this bill that both sides support, from
science to economic development to justice reform.
I thank the staff on both sides of the aisle who have worked so hard
to put this bill together and to manage the amendments offered on the
majority staff. I thank our clerk, Bob Bonner, as well as Jeff Ashford,
B.G. Wright, Matt Smith, Shannon McCully, T.J. Lowdermilk, and Trisha
Castaneda. And on the minority side, I thank Stephanie Gadbois and
Kristin Richmond. I also thank, on my personal staff, Marcus Garza,
Angel Nigaglioni, and Matt Alpert.
I want to take a moment to say that, as you will hear, we don't
always agree, Mr. Aderholt and I, but it has been a pleasure working
with him in the tradition of the Appropriations Committee, which tries
to find common ground.
I know that even if he tells you that he doesn't like the bill, there
is a lot in here that he likes. So I am looking for maybe a ``maybe''
vote from him.
I also thank Chairwoman Lowey and Ms. Granger. It has been said
before, but it hasn't been said by me, that we make history every day
in this House, and what a historic moment it is that the ranking member
and chairwoman are both women. That is the first time in history.
I think this is a good bill that envisions the people and priorities
of this Nation, and I urge all of my colleagues to support it.
Ms. GRANGER. Mr. Chair, I yield 4 minutes to the gentleman from
Alabama (Mr. Aderholt).
Mr. ADERHOLT. Mr. Chair, I rise reluctantly in opposition to H.R.
3055, and but let me say that I appreciate the efforts of the majority
in producing the fiscal year 2020 appropriations package that we will
be considering today.
As my colleague from New York referred to, this bill does address
many priorities and concerns of Members on both sides of the aisle and,
certainly, those of us from the Republican side of the aisle. Mr.
Chair, we do appreciate that.
I am pleased that the bill provides critical resources for our world-
class space program. It funds NASA at levels necessary to work toward
the completion of the Space Launch System and the Exploration Upper
Stage, and it provides strong funding to continue developing deep-space
exploration technologies.
This bill also includes important funding for our Federal law
enforcement components and valuable support for our law enforcement
partners back home. These resources will help eliminate the sexual
assault kit backlog. It will support drug courts and other vital
initiatives to address the opioid crisis and help put an end to human
trafficking.
The Commerce, Justice, Science bill that is a part of this package is
a testament to the commitment that Chairman Serrano made to work
together. As he referred to earlier, we worked very closely together.
While we may not have agreed on everything that is in this bill, there
was a lot that we could agree on.
Let me add that I also appreciate the majority's attention to rural
development matters when crafting the Agriculture appropriations bill.
I am particularly appreciative of the continued robust funding for the
rural broadband program and for what now-Chairman Bishop and I worked
on together to draft in the last Congress.
Yet, the fact that there are programs in this bill deserving strong
support does not negate the need for fiscal accountability.
Unfortunately, the bills
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in this package have been written to an irresponsible top-line number.
The Commerce, Justice, Science bill alone, for example, includes a
$7.5 billion adjustment for the 2020 Census plus an additional $2.3
billion above the fiscal year 2019-enacted level. It is money that the
Department of Commerce says it does not need.
I stand willing to work with the majority in good faith because if we
are to avoid more continuing resolutions or even a protracted
government shutdown and sequestration, we need to come together in a
bipartisan fashion, along with the administration, to agree on a
realistic top-line funding level.
Finally, I still have many unaddressed concerns with this bill.
The bill lacks additional funding requested for NASA for the purpose
of establishing a permanent U.S. space presence on and around the Moon
within the next decade.
The bill also contravenes existing law by funding lawyers for the
individuals who are here on our southern border without documentation.
Also, it prohibits the Justice Department from using performance
metrics to measure immigration judge productivity. Let's be honest: An
immigration court system with a docket approaching 900,000 cases and no
appreciable case completion goal is a system devised for those who do
not have a lawful right to remain in this country.
In addition, the bill eliminates several longstanding Second
Amendment protections that have enjoyed historical, bipartisan support
throughout the years.
The bill also prohibits the Census Bureau from including a question
just merely on citizenship in the 2020 Census.
In closing, again, I thank Chairwoman Lowey and Ranking Member
Granger for their hard work and that of their staff. Certainly, I thank
Chairman Serrano for his dedication and hard work on behalf of the
appropriations process and the United States of America.
Mrs. LOWEY. Mr. Chair, I am pleased to yield 5 minutes to the
gentleman from North Carolina (Mr. Price), the chairman of the
Transportation, and Housing and Urban Development, and Related Agencies
Subcommittee.
Mr. PRICE of North Carolina. Mr. Chair, I thank our committee chair,
and I am happy to rise in strong support of the section of this bill
with which I have had the most to do--namely, appropriating for the
Departments of Transportation and Housing and Urban Development for the
next fiscal year. It will make vital investments on behalf of the
American people.
I thank my partner, Mario Diaz-Balart, who formerly was chairman of
this subcommittee, for his continuing cooperation and his collaborative
approach.
Of course, I also want to express appreciation for our full committee
chair, Mrs. Lowey, and for our ranking member, Ms. Granger, for their
cooperative approach to the kind of collaboration that inevitably must
go into these appropriations bills.
I am pleased to report also that, in serving the interests of Members
of this body, we were able to accommodate 90 percent of the Member
requests from both sides of the aisle.
Division E of the measure is what we are talking about, and that is
the so-called T-HUD section. It seriously invests in America's
infrastructure. It makes transportation and housing safer. It
demonstrates our commitment to the most vulnerable among us. It
mitigates and responds to the impacts of climate change.
Our bill includes $75.8 billion in discretionary funding. That is an
increase of $4.7 billion over the 2019-enacted level and a $17.3
billion increase above the President's totally inadequate budget
request.
Mr. Chair, our Nation is in the midst of an affordable housing
crisis. This bill dedicates new resources to address it. Section 8
vouchers, for example, are fully renewed. We increased funding for the
HOME Program by $500 million and provide the Community Development
Block Grant program with $300 million above last year's level. The HOME
funding alone translates into more than 30,000 additional units of
affordable housing.
Our renewed focus on housing and community development does not come
at the expense of vital transportation programs. On the contrary, the
bill includes $1 billion for BUILD grants, formerly called TIGER
grants.
We provide more than $3 billion in additional discretionary resources
above the FAST Act authorization for highways, transit, and aviation
projects. This funding will benefit every State and territory in the
Nation. We also robustly fund Amtrak, competitive rail grant programs,
and port and maritime infrastructure.
Along with these investments, our bill reflects a renewed commitment
to safety. A diverse list of hazards, including rising accident rates
on our Nation's highways, the high-profile MAX 8 airline crashes, and
lead and carbon monoxide hazards in federally assisted housing,
requires us to redouble our efforts. We do that in this bill by
providing new resources at several points to meet these problems head-
on.
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We also prioritize assistance for vulnerable populations. Nearly $240
million is provided for construction of new housing units for the
elderly and for people with disabilities. Programs serving veterans,
the homeless, people with HIV/AIDS, domestic violence survivors, and
youth aging out of foster care are robustly funded, including resources
for new vouchers.
Critically, the bill prohibits HUD from repealing the equal access
rule that protects LGBTQ people. It also prohibits the department from
moving forward with its particularly heartless proposal regarding
mixed-status families in Federally assisted housing, which would result
in the expulsion of tens of thousands of children whose immigration
status is perfectly legal.
Finally, I am proud that this legislation lays the groundwork to
fully integrate resiliency principles not only in disaster recovery but
in the full range of Federal programs under the bill's jurisdiction.
For example, it requires HUD grantees to consider storm and hazard
mitigation as part of their planning process.
So, in closing, Mr. Chairman, this year's T-HUD bill makes forward
looking investments in our housing and transportation infrastructure
while ensuring concerted attention to safety, to the needs of the most
vulnerable, and to resilience. This bill, I am convinced, will benefit
all American communities, urban and rural, and it lays the foundation
for economic growth and opportunity.
Mr. Chairman, I urge support for the legislation.
Ms. GRANGER. Mr. Chairman, I yield 3 minutes to the gentleman from
Florida (Mr. Diaz-Balart).
Mr. DIAZ-BALART. Mr. Chairman, I rise in opposition to this bill at
this moment. My primary concern with the bill is quite simple--an
unrealistic top-line number. If we don't act soon, sequester cuts will
be the law of the land. These cuts would devastate our military and,
frankly, cause nothing short of a national security crisis. Sequester
cuts will also cause serious harm to our key important domestic
program.
Air traffic controllers could be furloughed, and vulnerable citizens
could lose housing assistance, including our veterans, our elderly, and
the disabled.
We must act with urgency to set a budget framework for this year.
Now, I am confident that because the leadership and leaders of the
Appropriations Committee--Chairwoman Lowey and Ranking Member Granger--
were instrumental in finally getting us out of the shutdown, they are
going to be, thankfully, instrumental in this process as well, and that
is good news.
But, Mr. Chairman, I am also concerned about some partisan riders
included in this legislation. In the Transportation-Housing part of it,
riders in the bill would, for example, harm car manufacturers and
consumers. They could place unfair burdens on trucking companies. What
the language would do is place unfair burdens on trucking companies--
particularly the smaller ones by the way--and prevent the DOT from
recovering funds from the failed California high-speed rail project,
funds that have not been spent.
Now, while I have some serious concerns about these riders and grave
concern about, again, this body moving forward without a top-line cap
agreement, I will tell you that I am grateful and thankful for the work
of my friend--and I say that genuinely--
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Chairman Price, on the Transportation and Housing bill.
Chairman Price has been responsive, responsible, and has done a very,
very good job listening to all Members from both sides of the aisle,
and I am very grateful, Mr. Chairman.
This package certainly has some good parts in it. Let me just mention
a few: ports funding, resources also for our veterans. And funding for
the STOP School Violence Act, which is why we have to get the top-line
number thing done now.
I would also add that the budget agreement must address the
humanitarian crisis at the border. We don't have the luxury of time.
The well-being of thousands of unaccompanied kids--children--is at risk
while we do not act on this. Federal agencies are being forced to cope
with the crisis without the resources that they are asking for and that
they need. Again, we have to act now, because already their educational
services, their legal services, and their recreational facilities are
being curtailed or cut entirely because of not having the funds that
they need, that they have asked for, and that this Congress has failed
to act on. We must also provide immediate relief to those individuals.
Therefore, Mr. Chairman, I have some concerns, and I would
respectfully ask for a ``no'' vote.
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the distinguished
gentleman from Georgia (Mr. Bishop), who is the chairman of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Subcommittee.
Mr. BISHOP of Georgia. Mr. Chairman, I thank the gentlewoman from New
York, our appropriations chairman, for yielding.
Mr. Chairman, I rise in support of H.R. 3055. As the chairman of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Subcommittee, I am pleased to highlight the
national priorities that are funded in this bill.
First, I would like to thank our ranking member, Mr. Fortenberry. He
shares a deep passion for rural and farm communities that he so
eloquently communicates often through stories of his childhood and his
family. It has been a true pleasure to get to know Mr. Fortenberry
better during this process. We have had many frank discussions about
the priorities in our bill, and he has made it very easy to continue
the bipartisan spirit of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Subcommittee.
I also want to thank the members of the subcommittee, both majority
and minority, for a thoughtful and collaborative effort. None of this,
of course, would be possible without the outstanding work of the
subcommittee and full committee staffs, and our personal staffs, so I
give accolades to all of them.
Few people may recognize the far-reaching jurisdiction of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Subcommittee, from food safety and agriculture
research to rural development and nutrition assistance. The programs in
this division touch the lives of every citizen on a daily basis.
We rejected the administration's draconian cuts to programs that
assist our rural communities and our vulnerable populations. The FY
2020 allocation for the agriculture bill is 4 percent above the FY 2019
enacted level and more than $5.1 billion above the budget request,
totaling $24.3 billion.
There is over $38 billion in loans and grants for rural housing,
community facilities, and water and wastewater infrastructure,
including $680 million for broadband programs to continue bridging the
digital divide between urban and rural America.
Additionally, during a time of great uncertainty due to tariffs, low
commodity prices, and natural disasters, this bill provides $1.8
billion for farm programs, including $30 million to assist the
implementation of the 2018 farm bill. It also prohibits the closure of
county-level Farm Service Agency offices to ensure that our farmers,
ranchers, and producers receive high quality customer service.
The bill includes $829 million for the Natural Resources Conservation
Service to maintain its core conservation mission. There is almost $167
million for infrastructure, for watershed and flood prevention, and
watershed rehabilitation projects.
The bill provides $3.3 billion for agriculture research to ensure
America retains its role as the leader of global agriculture science.
In addition, to protect the integrity of two of USDA's premier
research agencies, the bill prohibits the use of funds for any
relocation costs associated with USDA's proposal to move the Economic
Research Service and the National Institute of Food and Agriculture
outside of the national capital region.
We held a hearing at which four former senior officials from both
parties with 70 years of combined experience at the two agencies
expressed their deep opposition to this proposal. Countless other
stakeholders wrote, called, and emailed their opposition, including the
National Farmers Union, the Association of American Veterinary
Colleges, the American Statistical Association, the National Coalition
for Food and Agriculture Research, 104 agriculture science and food-
related organizations, 24 university departments of agriculture and/or
economics, 37 deans and provosts of university ag departments, and more
than 1,500 individual scientists from 47 States.
The bill also rejects the proposed elimination of the Food for Peace
and McGovern-Dole programs, and it provides increases for both of these
programs. These programs send American commodities all over the world
to address global hunger and are an essential tool for diplomacy.
The bill fully funds the SNAP and the WIC programs to meet expected
participation in FY 2020. The bill provides $10 million for school
breakfast expansion grants--the first time this program has been funded
since 2012--and it funds the Summer EBT program at $50 million--a $22
million increase.
For the Food and Drug Administration, the bill provides $3.26 billion
in discretionary funding, which is $185 million above FY 19. Increased
funding is dedicated to fighting rare cancers, laying the foundation
for more efficient generic drug reviews, improving our response to
foodborne illness outbreaks, and the continued implementation of the
Food Safety and Modernization Act.
The Acting CHAIR (Ms. Pressley). The time of the gentleman has
expired.
Mrs. LOWEY. Madam Chair, I yield the gentleman an additional 30
seconds.
Mr. BISHOP of Georgia. The bill funds the Commodity Futures Trading
Commission at $315 million, a historic, necessary, and long overdue
increase.
I am pleased that this bill provides funding for several new programs
that were authorized in the 2018 farm bill, such as the 1890s
scholarship program, the Local Agriculture Market Program, and the
Farming Opportunities Training and Outreach Program, to name a few.
I am pleased to say the bill makes significant investments in both
Tribal communities and the U.S. territories.
In developing the bill, we tried to be responsive to as many Member
requests as possible, and I am proud of the bipartisan bill we have
produced.
Madam Chair, I urge my colleagues in this House to support it. It is
a good bill.
Ms. GRANGER. Madam Chair, I yield 5 minutes to the gentleman from
Nebraska (Mr. Fortenberry).
Mr. FORTENBERRY. Madam Chair, first of all, let me say how much I
appreciate the counsel, guidance, and partnership of Chairman Bishop of
the Agriculture Committee, as well as Chair Lowey and Ranking Member
Granger, as well as the entire staff for crafting what is substantially
a very important and good bill for all of America.
Agriculture is essential to America's well-being, and I want to
commend, again, Chairman Bishop not only for his earlier generous
comments, but for his willingness to work hard to find a reasonable
path forward to accommodate as many bipartisan requests as were
feasible. Chairman Bishop and I had a number of very lengthy and
considered conversations in crafting this bill, and I am grateful for
his leadership.
Before I delve into the substantial pluses and a few minuses of this
bill,
[[Page H4801]]
Madam Chair, I want to provide a little bit of additional context of
the bigger agricultural picture across America.
Where I live in Nebraska--and I am sure it is safe to say where
Chairman Bishop lives in Georgia--agriculture is essential to our way
of life and essential to our culture. It really does define who we are
as a people, and production agriculture--corn, soybeans, and
livestock--cover much of our landscape. These products are an important
driver of America's export prowess.
The efficiency, quality, and ingenuity shown by America's farmers
provide food security for hundreds of millions of people across our own
country and across the entire globe, many of whom are in very
vulnerable circumstances. A notable point, Madam Chair, Americans also
enjoy the lowest grocery prices in the world.
Agriculture, though, is more than bulk production. From the use of
advanced robotics to run dairy operations to enzyme extraction from
ethanol production, from the enhancement of critical wetlands, as well
as improving crop yields and conservation stewardship practices, our
farmers are contributing to human flourishing across our Nation. Many
of the technological investments that we see today have been made
possible by the types of investments that are very much a part of this
agriculture bill.
I want to highlight three areas in particular. First, the bill's $3.4
billion reflects a commitment to rural development in housing,
utilities, and businesses. Of particular note, as the chairman
mentioned, is broadband. Working with Chairman Bishop, we included
language to encourage the USDA to consider the broader social benefits
when the department seeks applications for the $680 million of
broadband resources in this bill. It is also important that we measure
the impact of broadband and how it affects the ecosystem of livability.
What do we mean by that?
It is not just more wires, but livability from enhanced telehealth,
telecommuting, precision agriculture, and a multitude of other
imaginative possibilities from these applications. This is what will
make broadband an effective investment in our Nation's infrastructure.
Second, I am pleased to see an increase of $185 million for the FDA,
the Food and Drug Administration, with a particular emphasis on
lowering the price of drugs in the generic drug program. Between
investments in the year 2019 and investments in this bill, the agency
will have an increase of $27 million to help expedite the approval of
safe and effective generic drugs, increased competition, and lower
prices. Chairman Bishop has also made marked investments in food safety
by lessening the burden on our State health departments, and I think
that is important.
Lastly, when I met the chairman in his office a couple of weeks ago,
we found common ground--as we often do--on how to grow the agricultural
family.
What do we mean?
Well, this is a good example. There is $5.4 million in this bill for
farmers markets and local food promotion programs which allow smaller
local producers to provide fresh products, gain a source of revenue,
and connect the rural to the urban and the farmer to the family.
{time} 1615
In addition to this program, the bill includes investments for a
Tribal demonstration project, a pilot project for the Food Distribution
Program on Indian Reservations, and, importantly, we have a new urban
agricultural office.
Madam Chair, at its core, this bill is about food security. Our
diverse and plentiful food supply is made possible through the hard
work of our farmers and ranchers and the public policies that assist
them.
We support research and development to the tune of $3.3 billion. We
support oversight of commodity markets. And, for those in vulnerable
circumstances, this bill provides important funding for all USDA
nutrition programs at levels that ensure all eligible participants will
receive the assistance they need.
Unfortunately, as our ranking member has consistently mentioned at
every opportunity, we need a bipartisan, bicameral agreement on budget
caps. With a deal like that, we could quickly get into open field
running.
Mrs. LOWEY. Madam Chair, I yield 5 minutes to the gentlewoman from
Minnesota (Ms. McCollum), the chair of the Interior, Environment, and
Related Agencies Subcommittee.
Ms. McCOLLUM. Madam Chair, I rise today to speak about the fiscal
year 2020 Interior, Environment, and Related Agencies appropriations
bill.
First, I want to thank Chairwoman Lowey and Ranking Member Granger
for their leadership. I also want to thank Ranking Member Joyce for his
collaboration and partnership through this process and all the members
on our committee for their contribution.
The Interior bill is a product of hard work and collaboration. The
subcommittee held 16 hearings. We received 6,500 requests from Members
of Congress, and we worked hard to create a bill that reflects the
priorities of the entire House. As a result, we have a strong bill
before us today that makes critical investments for the American people
and the planet.
For fiscal year 2020, the subcommittee is recommending a total of
$37.3 billion in discretionary funding. That is an increase of $1.7
billion over last year's enacted level.
There is also an additional $2.25 billion in fire cap adjusted funds
for suppression operations. These critical funds allow the Forest
Service to fight wildland fires without borrowing from non-fire
programs.
Some of the biggest increases in this bill go to honoring our Federal
trust and treaty responsibilities to provide for the health, safety,
and education of our Native American brothers and sisters.
Madam Chair, I want to thank Representative Joyce for his working
with me to carry on this subcommittee's nonpartisan approach to
addressing the issues facing Indian Country. We can be proud that this
bill continues to move us in the right direction.
In fact, the bill invests over $10 billion to support and strengthen
Indian Tribal self-determination, including $1 billion, the highest
funding ever recommended, for the operation of Native American
education programs.
For many agencies in this bill, the Trump administration proposed
devastating cuts that we have rejected.
The President's budget proposed a 31 percent cut to the Environmental
Protection Agency. That cut would have prevented the EPA from
completing its mission to keep our communities safe and healthy. On
President Trump's watch, Americans know that their air quality is
declining for the first time in decades.
Today, this administration rolled out their dirty power plan, which
will contribute to 1,400 premature deaths, annually. Democrats are
fighting back in this bill with important investments to protect the
air we breathe and the water we drink.
We boost support for the EPA's clean air programs by $25.6 million,
and we increase congressional oversight of attempts to roll back public
health protections.
And, finally, we fund the Drinking Water State Revolving Fund at the
authorized level. We include funds for newly authorized grants to
target drinking water and wastewater needs. We are working to reduce
sewer overflows and ensure that all Americans have access to safe
drinking water.
This bill also targets funds to address the crisis of PFAS
contamination in our water supplies.
President Trump's budget also proposed radical cuts to the Land and
Water Conservation Fund, even though earlier this year he signed a
bipartisan bill to permanently reauthorize the program. Instead, our
bill chooses to invest $524 million in the LWCF to protect and preserve
our landscapes and biodiversity.
Democrats also rejected the Trump administration cuts that would have
decimated Federal funding to research, combat, and adapt to climate
change. Our bill boosts funding for climate change research, tracking
and reporting of greenhouse gas emissions, and energy and water
efficiency programs at the EPA.
It increases ecosystems and climate-related funding in the U.S.
Geological Survey, and it restores programs proposed for elimination in
the Fish and Wildlife Service.
We recognize the importance of science to understand and address the
[[Page H4802]]
impacts of climate change on our natural and cultural resources and our
ecosystems and human health.
I am proud of the work that went into this bill, so I want to thank
all of our staff on both sides of the aisle, on the committee and on
our personal staffs, for the countless hours they put into this bill. I
thank them all for their engagement and commitment.
Now, I know Mr. Joyce will not be supporting this bill today, Madam
Chair, but I look forward to working with him in negotiating with our
Senate colleagues and this administration on a final bill we can both
support.
We have a good bill before us today. It makes important investments
in the health of our communities and our environment, and I urge my
colleagues to support it.
Ms. GRANGER. Madam Chair, I yield 5 minutes to the gentleman from
Ohio (Mr. Joyce).
Mr. JOYCE of Ohio. Madam Chair, I rise today in opposition to this
appropriations bill at this time, in its current form.
Before I get into details, I want to thank my friend and colleague
Betty McCollum, the chair of the Interior, Environment, and Related
Agencies Subcommittee, for her leadership. I have had the honor of
serving with her as the ranking member on the subcommittee with
jurisdiction over appropriations contained in division C of this bill.
Throughout the 16 hearings and briefings on the important issues
under her jurisdiction, Chair McCollum has set the tone for civility,
fairness, and, on many topics, bipartisanship. Foremost among those
topics is the Indian Country.
Roughly one-quarter of this bill is dedicated to programs for
American Indians and Alaska Natives, whose ancestors paid in advance
with their lives and their land for the basic services which this bill
helps to provide.
These are true have-to-do Federal programs, and they continue to be a
nonpartisan priority in today's hyperpartisan environment.
In addition, I thank the chair and her capable staff for making a
genuine effort to accommodate bipartisan Members' requests in this
bill, as well as other requests addressing matters back in our
districts that will be appreciated by our constituents, regardless of
their party. In particular, for Great Lakes districts like mine, her
work has been extraordinary.
However, there are several matters in this bill which concern me
greatly and will need to be addressed before we can reach a bipartisan
agreement. Foremost among these concerns is a proposed 5 percent
overall increase for the Interior and Environment programs in the
absence of any new governmentwide budget agreement.
Current law mandates a 9 percent overall decrease to programs in this
bill beginning October 1, 2019. Even if the bill before us today were
to be enacted, all these programs would still be cut on that date. That
is why the bill before us today is completely unrealistic and nothing
short of a fairytale.
Of course, House Democratic leadership knows this already. That is
why this bill contains so many Member requests: to pressure Members
into voting for it and to use a strong vote count to pressure the
Senate and the President to agree to more spending.
All this bill is really doing is giving supporters false hope and
stealing the resolve of those of us who are truly concerned about
driving our Nation further into debt.
To be clear, there are critical programs in this bill that need more
funding, but decisions about increases must be made in the context of a
larger budget agreement so that increases can be offset elsewhere.
The other area of this bill which concerns me is policy. This bill
drops several longstanding, bipartisan policy provisions which will
need to be added back before we can get to a future bipartisan
agreement.
Meanwhile, this bill also adds in several new poison pill riders and
directives limiting domestic energy and mineral production. Limiting
our own supplies of much-needed natural resources does not decrease our
demand for them. It only makes us more dependent upon other nations to
obtain them in order to meet that demand, which is not only a national
security concern but is also an economic security concern. We cannot
protect American jobs if we cannot supply them with the energy and raw
materials.
So it is for a combination of these funding and policy reasons that I
cannot support this bill at this time, in its current form, but I am
committed to working with my colleagues as we move through the fiscal
year 2020 process to craft a bill that can receive bipartisan support
and keep government operating, continue our shared commitment to Indian
Country, and conserve our Nation's natural, cultural, and environmental
resources that we all care so deeply about.
Until then, I strongly urge my colleagues to vote ``no'' on this
package today.
Mrs. LOWEY. Madam Chair, I yield 5 minutes to the gentlewoman from
Florida (Ms. Wasserman Schultz), the chairwoman of the Military
Construction, Veterans Affairs, and Related Agencies Subcommittee.
Ms. WASSERMAN SCHULTZ. Madam Chair, I thank Chairwoman Lowey for
yielding and for her hard work and leadership during this entire
legislative process.
The Military Construction, Veterans Affairs, and Related Agencies
division of the bill highlights our continued commitment to our
servicemembers and their families and to our veterans.
Constructing the barracks, bases, and facilities that our military
needs and ensuring safe, adequate housing for military families is
crucial to our Nation's military readiness.
Properly funding the Department of Veterans Affairs is how we deliver
on the promise of medical care and other benefits that our veterans
have earned through their service to our Nation.
The Related Agencies division, including the American Battle
Monuments Commission and Arlington National Cemetery, demonstrate to
the world how we honor the contributions and sacrifice of those who
served.
That is why I am proud that this bill includes $108.4 billion in
discretionary funding, $10.4 billion above the FY19 enacted level. For
military construction, it provides $10.5 billion; and, for the
Department of Veterans Affairs, the bill provides $94.3 billion in
discretionary funding, a $7.7 billion increase above the FY19 enacted
level and $1.3 billion above the FY20 budget request.
The bill we are considering today makes smart investments in critical
projects and programs that make a real difference in the lives of
servicemembers, veterans, and their families.
The bill includes an additional $140.8 million to address housing
issues that have come up recently and have really festered for far too
long, like mold, vermin, and lead, that really have devastated our
military families and that must be corrected. This bill ensures there
are the resources and the language in our report to ensure that the
military makes sure that they are not leaving our military families to
deal with the fallout over this disgusting situation on their own.
It provides $2.3 billion in emergency funding to address hurricane
damage in North Carolina and my home State of Florida.
We have also put an additional $40 million toward energy resilience
at our military bases and provided an additional $60 million to clean
up PFOS and PFOA contamination at installations across the country.
For the VA, the bill will improve the quality of veterans' healthcare
by making significant investments in women veterans' health.
I am proud to be the first woman in American history to chair this
appropriations subcommittee, making sure that our women veterans
actually know that they are veterans. And, in fact, I know it will come
as a shock to most, as it was to me, that some women veterans don't
even realize that, if they serve a couple of years, even if they didn't
actually fight in a war zone or were deployed to a war zone, they are
actually veterans, entitled to services at the VA.
Carving out, for the first time, gender-specific funding to make sure
that we can provide healthcare services to our women veterans, do the
proper outreach, and make sure that we bring our women veterans into
the VA system and take care of them as they took care of representing
our country, is essential.
The fastest rising group of veterans who are committing suicide are
our women veterans, and we have to make sure that we are doing right by
them.
[[Page H4803]]
We have a ``whole health'' model that we have funded, mental
healthcare and suicide prevention, homelessness assistance, rural
health, and, of course, opioid abuse prevention.
The bill also provides $1 billion for infrastructure improvements to
ensure that the VA has modern, safe facilities to treat our veterans,
as well as supporting continued implementation of the electronic health
record and efforts to reduce the disability claims backlog.
Madam Chair, I am very proud of what this bill does, but I am also
proud of what it does not do.
It does not fund a border wall, nor does it allow the President to go
against clearly stated congressional intent and divert vital military
construction funding from previously approved national security
projects.
{time} 1630
There is a lot of talk, Madam Chair, about commitment to our military
in this body. There should be no question that funds should not be
taken from vital, previously requested and approved military projects
that are absolutely a higher priority than any border wall. In fact,
Congress agreed to that very point on a bipartisan basis earlier this
year after the longest shutdown in our Nation's history.
I will close by thanking all of my colleagues for their input on this
bill. We are very proud, Judge Carter and I, that we were able to fund
in our bill nearly all the bipartisan requests that we received. It
made the bill better.
Before I yield back, I do want to thank my ranking member, Judge
Carter, and Ranking Member Granger and Chairwoman Lowey. We worked very
well together on the issues facing our military and our veterans.
While we may not always agree, I am proud to have Judge Carter as my
partner. We have a lot of work left to do, and I appreciate the
gentleman's insight into these issues.
I would also like to thank the staff of both the subcommittee and our
personal offices whose expertise and commitment to our servicemembers
and our veterans is evident every day. I won't name them because I am
out of time, but they know who they are. We appreciate them so much.
Madam Chair, this is a good bill. I urge the Members' adoption of it.
Ms. GRANGER. Madam Chair, I yield 3 minutes to the gentleman from
Texas (Mr. Carter).
Mr. CARTER of Texas. Madam Chair, let me start off by saying that I
thank the gentlewoman from Texas (Ms. Granger), our ranking member on
our side. I thank the gentlewoman from New York (Mrs. Lowey), my good
friend, chair of the full committee. They are doing yeoman's work on
all of these bills. They are standing strong and doing a great job, and
we are proud of them.
It has been a joy to work with Chairman Wasserman Schultz. She has
been fair and equitable and a joy to serve with. I look forward to
working together to make this bill better and better as we go through
the process.
I rise, reluctantly, in opposition to this bill. I have mixed
feelings about this package. It includes many good things, and it funds
important programs.
For example, the Military Construction and Veterans Affairs division
includes $10.5 billion to provide adequate training opportunities and
modern facilities for our military. We want our military to be ready,
lethal, and effective. This bill supports that.
This bill also includes $140 million to support military families and
to help the services address the problems we have heard about in the
privatization of military housing.
For veterans' programs, the bill fully supports and implements the
MISSION Act. It also provides for a $30 million increase for mental
health and a $40 million increase for homeless programs. Hopefully,
this will help us reduce the scourge of veteran suicide and
homelessness.
These are all goods things. They are things we need. I fear, however,
that the majority is on a path that makes it difficult to reach an
agreement before the start of the fiscal year.
October 1 is coming on and approaching very fast. We need a budget
agreement for fiscal year 2020 and beyond sooner rather than later. The
consequences of not having such an agreement are disruptive and
immense. No one wants sequestration or a government shutdown.
Unfortunately, the budget numbers the House is operating under are
not real and in no way do they reflect the reality of the situation on
our southern border. This appropriations bill does not include funds to
address the security and humanitarian crisis there, and it also does
not include the $4.5 billion the President requested last month.
Congress must act. I sincerely hope we are getting closer to an
agreement on a supplemental funding package.
As I close, I urge all of us to keep our eyes on the goal, a
bipartisan bill that supports our troops and their families and the
Nation's veterans.
Madam Chair, I look forward to working with my colleagues on this as
we go through the process, and I thank the ranking member of the
Appropriations Committee for the time.
Ms. GRANGER. Madam Chair, I yield 1\1/2\ minutes to the gentlewoman
from Alabama (Mrs. Roby).
Mrs. ROBY. Madam Chair, I would like to use my time to raise
awareness that a correctly sized and properly configured maintenance
facility to support and repair F-35 aircraft coming to the 187th
Fighter Wing is needed very soon at Dannelly Field in Montgomery,
Alabama.
The 187th Fighter Wing was selected as a preferred location for the
bed-down of the F-35, with the first aircraft to arrive in several
years. Squadron operations require administrative, training, and
support space as part of the aircraft organizational maintenance shop.
Currently, the existing facilities that service the F-16 Red Tails
squadron are inadequate. Aircraft maintenance currently resides in
three temporary facilities or trailers. Much of the space designated
for these functions is less than required for effective operations. The
aircraft maintenance shops are 43 percent undersized, and the required
tool storage is kept in aircraft parking spaces in the hangar.
I appreciate very much the committee chairwoman and ranking member's
efforts to provide our men and women in uniform adequate and acceptable
working spaces so they can do their jobs accurately and effectively. It
is my hope that, moving forward, we will continue to work together on
this particular issue through the fiscal year 2020 appropriations
process.
Again, I, too, thank the chairwoman and, certainly, the ranking
member for yielding me this very important time.
Ms. GRANGER. Madam Chair, I yield 3 minutes to the gentleman from
North Carolina (Mr. Hudson).
Mr. HUDSON. Madam Chair, I thank the gentlewoman for yielding. I also
thank Chairwoman Lowey and Ranking Member Granger for their leadership
and for working with me on this important amendment.
As we experienced in April at my alma mater, UNC Charlotte, no
community is immune from gun violence. The despicable violence and
hatred we saw in our community have no place in our schools and our
society.
When I think back to my days as a student at Myers Park High School,
I remember studying humanities in Dave Layton's class, having lunch
with my friends, and looking forward to Friday night football games. I
don't remember feeling scared or anxious, and I don't remember worrying
about my safety.
I want my son and all of America's children to have that same
experience. If there is anyplace our children should feel safe, it is
in our schools.
That is why I, and so many of us here in this Congress, have been
working for years to address this issue and tackle the root causes of
violence. I led efforts to pass the STOP School Violence Act last year.
Under Republican leadership, Congress passed many bipartisan measures
to prevent mass violence, including legislation to strengthen the
background check system, improve mental healthcare, and give schools
the tools they need to protect our students.
We have made some progress, but our work is not nearly done.
What can we do to better identify and intervene with young people in
emotional crises before they reach a breaking point? What causes these
emotional crises, and what can we do to prevent them? Which of our
efforts to make our schools safer is actually working?
[[Page H4804]]
These and many more questions deserve to be explored. I hope my
amendment will lead to answers that will protect our students and our
educators.
My amendment would double the money available for research to study
the root causes of gun violence, including the impact and effectiveness
of grants authorized under the STOP School Violence Act. This money
would go to grant programs at the Departments of Justice and Homeland
Security that are dedicated to ending violence in our communities.
Madam Chair, I urge my colleagues to support this amendment.
Ms. GRANGER. Madam Chair, I yield myself such time as I may consume.
As I said before, these bills were written to an unrealistic top-line
funding number. We still do not have consensus on a budget agreement.
Moving this second appropriations package today as-is is another
wasted opportunity. The package irresponsibly increases spending,
jeopardizes our Nation's security, and burdens industry with more
regulations.
Madam Chair, I strongly urge my colleagues to vote ``no'' on this
package. I yield back the balance of my time.
Mrs. LOWEY. Madam Chair, I yield myself the balance of my time.
H.R. 3055 is a bill full of important investments that would make a
real difference in people's lives. It truly is a bill for the people.
It would improve quality of life, strengthen communities, and offer a
brighter future for our Nation. I urge support.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. 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 116-18, modified by the amendment printed in part
A of House Report 116-119, 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. 3055
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 ``Commerce, Justice, Science,
Agriculture, Rural Development, Food and Drug Administration,
Interior, Environment, Military Construction, Veterans
Affairs, Transportation, and Housing and Urban Development
Appropriations Act, 2020''.
DIVISION A--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, to carry
out activities associated with facilitating, attracting, and
retaining business investment in the United States, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to sections 3702 and 3703 of title 44, United States Code;
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration between
two points abroad, without regard to section 40118 of title
49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space
abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not
to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie
lines, $530,000,000, to remain available until September 30,
2021, of which $11,000,000 is to be derived from fees to be
retained and used by the International Trade Administration,
notwithstanding section 3302 of title 31, United States Code:
Provided, That, of amounts provided under this heading, not
less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities:
Provided further, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign
countries; not to exceed $13,500 for official representation
expenses abroad; awards of compensation to informers under
the Export Control Reform Act of 2018 (subtitle B of title
XVII of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019; Public Law 115-232; 132 Stat. 2208; 50
U.S.C. 4801 et seq.), and as authorized by section 1(b) of
the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b));
and purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law,
$127,652,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities: Provided
further, That payments and contributions collected and
accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of
such activities, and for providing information to the public
with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
sections 27 and 28 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722 and 3723),
$498,350,000, to remain available until expended, of which
$30,000,000 shall be for grants under such section 27 and
$5,000,000 shall be for grants under such section 28.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$41,650,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, sections 27 and 28 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722 and 3723), and the
Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$44,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $107,990,000, to remain available until September
30, 2021.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $275,000,000: Provided, That, from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling,
analyzing, preparing, and publishing statistics for periodic
censuses and programs provided for by law, $675,000,000, to
remain available until September 30, 2022: Provided, That,
from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $3,556,000
shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out
investigations and audits related to the Bureau of the
Census.
In addition to the amounts provided under this heading for
the 2020 Census, $7,500,000,000, to remain available until
September 30, 2022, is new budget authority for the 2020
Census as specified for the purposes of section 251(b)(2) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, and section 1(g)(1) of H.Res. 293 of the
116th Congress.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and
[[Page H4805]]
Information Administration (NTIA), $42,411,000, to remain
available until September 30, 2021: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce
shall charge Federal agencies for costs incurred in spectrum
management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting
collections for costs of such spectrum services, to remain
available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until
their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO,
$3,450,681,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law
are received during fiscal year 2020, so as to result in a
fiscal year 2020 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year
2020, should the total amount of such offsetting collections
be less than $3,450,681,000 this amount shall be reduced
accordingly: Provided further, That any amount received in
excess of $3,450,681,000 in fiscal year 2020 and deposited in
the Patent and Trademark Fee Reserve Fund shall remain
available until expended: Provided further, That the
Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That any amounts reprogrammed in accordance
with the preceding proviso shall be transferred to the United
States Patent and Trademark Office ``Salaries and Expenses''
account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal
year 2020 for official reception and representation expenses:
Provided further, That in fiscal year 2020 from the amounts
made available for ``Salaries and Expenses'' for the USPTO,
the amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the USPTO and
employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise
unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees
who are enrolled in Federal Employees Health Benefits (FEHB)
and Federal Employees Group Life Insurance (FEGLI), shall be
transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the Employees FEHB Fund, as
appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any
differences between the present value factors published in
OPM's yearly 300 series benefit letters and the factors that
OPM provides for USPTO's specific use shall be recognized as
an imputed cost on USPTO's financial statements, where
applicable: Provided further, That, notwithstanding any
other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to
section 42(c) of title 35, United States Code, as amended by
section 22 of the Leahy-Smith America Invents Act (Public Law
112-29): Provided further, That within the amounts
appropriated, $1,500,000 shall be transferred to the ``Office
of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of
Standards and Technology (NIST), $751,000,000, to remain
available until expended, of which not to exceed $9,000,000
may be transferred to the ``Working Capital Fund'':
Provided, That not to exceed $5,000 shall be for official
reception and representation expenses: Provided further,
That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$169,172,000, to remain available until expended, of which
$154,000,000 shall be for the Hollings Manufacturing
Extension Partnership, and of which $15,172,000 shall be for
the National Network for Manufacturing Innovation (also known
as ``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National
Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $120,000,000, to remain available until expended:
Provided, That the Secretary of Commerce shall include in the
budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each
National Institute of Standards and Technology construction
project having a total multi-year program cost of more than
$5,000,000, and simultaneously the budget justification
materials shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; pilot programs for state-led fisheries management,
notwithstanding any other provision of law; grants,
contracts, or other payments to nonprofit organizations for
the purposes of conducting activities pursuant to cooperative
agreements; and relocation of facilities, $3,920,625,000, to
remain available until September 30, 2021: Provided, That
fees and donations received by the National Ocean Service for
the management of national marine sanctuaries may be retained
and used for the salaries and expenses associated with those
activities, notwithstanding section 3302 of title 31, United
States Code: Provided further, That in addition,
$177,782,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'', which shall only be used
for the Fisheries Science and Management program activities:
Provided further, That of the $4,115,907,000 provided for in
direct obligations under this heading, $3,920,625,000 is
appropriated from the general fund, $177,782,000 is provided
by transfer, and $17,500,000 is derived from recoveries of
prior year obligations: Provided further, That any deviation
from the amounts designated for specific activities in the
report accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in
section 505 of this Act: Provided further, That in addition,
for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan,
and for payments for the medical care of retired personnel
and their dependents under the Dependents' Medical Care Act
(10 U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition, and construction
(including transfer of funds)
For procurement, acquisition, and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,496,000,000, to remain available until September 30, 2022,
except that funds provided for acquisition and construction
of vessels and construction of facilities shall remain
available until expended: Provided, That of the
$1,509,000,000 provided for in direct obligations under this
heading, $1,496,000,000 is appropriated from the general fund
and $13,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the report
accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this
Act: Provided further, That the Secretary of Commerce shall
include in budget justification materials that the Secretary
submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) an estimate
for each National Oceanic and Atmospheric Administration
procurement, acquisition, or construction project having a
total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years: Provided further, That, within the
amounts appropriated, $1,302,000 shall be transferred to the
``Office of Inspector General'' account for activities
associated with carrying out investigations and audits
related to satellite procurement, acquisition, and
construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2021: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants
to the States of Washington, Oregon, Idaho, Nevada,
California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or
endangered, or that are identified by a State as at-risk to
be so listed, for maintaining populations necessary for
exercise of
[[Page H4806]]
tribal treaty fishing rights or native subsistence fishing,
or for conservation of Pacific coastal salmon and steelhead
habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be
allocated based on scientific and other merit principles and
shall not be available for marketing activities: Provided
further, That funds disbursed to States shall be subject to a
matching requirement of funds or documented in-kind
contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $349,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fishery disaster assistance
For the necessary expenses associated with the mitigation
of fishery disasters, $15,000,000, to remain available until
expended: Provided, That funds shall be used for mitigating
the effects of commercial fishery failures and fishery
resource disasters as declared by the Secretary of Commerce.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2020, obligations of direct loans
may not exceed $24,000,000 for Individual Fishing Quota loans
and not to exceed $100,000,000 for traditional direct loans
as authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed
$4,500 for official reception and representation,
$40,000,000: Provided, That of the funds provided under this
heading, $15,000,000 shall be withheld from obligation until
the Secretary updates and resubmits to the Committees on
Appropriations of the House of Representatives and the Senate
the plan for expenditure described in the third proviso under
the heading ``Bureau of the Census--Periodic Census and
Programs'' in division C of Public Law 116-6.
renovation and modernization
For necessary expenses for the renovation and modernization
of Department of Commerce facilities, $1,100,000, to remain
available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $35,043,000: Provided, That
notwithstanding section 6413(b) of the Middle Class Tax
Relief and Job Creation Act of 2012 (Public Law 112-96),
$2,000,000, to remain available until expended, from the
amounts provided under this heading, shall be derived from
the Public Safety Trust Fund for activities associated with
carrying out investigations and audits related to the First
Responder Network Authority (FirstNet).
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. The Secretary of Commerce shall notify the
Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds to the
Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by
section 105 of title I of division B of Public Law 113-6, are
hereby adopted by reference and made applicable with respect
to fiscal year 2020: Provided, That the life cycle cost for
the Joint Polar Satellite System is $11,322,125,000 and the
life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to
utilities, telecommunications, and security services)
necessary to support the operation, maintenance, and
improvement of space that persons, firms, or organizations
are authorized, pursuant to the Public Buildings Cooperative
Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of
which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is
authorized, up to $100,000, shall be credited to the
appropriation or fund which initially bears the costs of such
services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or
possession, or of any political subdivision thereof, or of
any foreign government or international organization, for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic
copy of such report or document may be accessed and
downloaded for free online. Should a customer still require
the Service to provide a printed or digital copy of the
report or document, the charge shall be limited to recovering
the Service's cost of processing, reproducing, and delivering
such report or document.
Sec. 109. To carry out the responsibilities of the
National Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-
reimbursable basis land, services, equipment, personnel, and
facilities provided by; and (3) receive and expend funds made
available on a consensual basis from: a Federal agency, State
or subdivision thereof, local government, tribal government,
Territory, or possession or any subdivisions thereof:
Provided, That funds received for permitting and related
regulatory activities pursuant to this section shall be
deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and
Facilities'' and shall remain available until September 30,
2022, for such purposes: Provided further, That all funds
within this section and their corresponding uses are subject
to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for
necessary expenses of the programs of the Economics and
Statistics Administration of the Department of Commerce,
including amounts provided for programs of the Bureau of
Economic Analysis and the Bureau of the Census, shall be
available for expenses of cooperative agreements with
appropriate entities, including any Federal, State, or local
governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities
which further the purposes for which such amounts have been
made available.
Sec. 111. None of the funds made available in this or
prior Acts may be obligated or expended for the travel of
personnel within the Office of the Secretary of Commerce from
any account other than the ``Departmental Management--
Salaries and Expenses'' account.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $114,740,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $33,875,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$40,000,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer
authority in the preceding proviso is in addition to any
other transfer authority contained in this Act: Provided
further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of
immigration-related activities of the Executive Office for
Immigration Review, $672,966,000, of which $4,000,000 shall
be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account, and of which not less than
$25,000,000 shall be available for services and activities
provided by the Legal Orientation Program: Provided, That
not to exceed $35,000,000 of the total amount made available
under this heading shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$105,500,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character:
Provided, That not to exceed $2,000,000 shall remain
available until September 30, 2021.
[[Page H4807]]
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $13,308,000: Provided, That,
notwithstanding any other provision of law, upon the
expiration of a term of office of a Commissioner, the
Commissioner may continue to act until a successor has been
appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of
Columbia, $934,600,000, of which not to exceed $20,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the amount provided for INTERPOL
Washington dues payments, not to exceed $685,000 shall remain
available until expended: Provided further, That of the
total amount appropriated, not to exceed $9,000 shall be
available to INTERPOL Washington for official reception and
representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
of the amount appropriated, such sums as may be necessary
shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program
under section 8 of the Voting Rights Act of 1965 (52 U.S.C.
10305) and to reimburse the Office of Personnel Management
for such salaries and expenses: Provided further, That of
the amounts provided under this heading for the election
monitoring program, $3,390,000 shall remain available until
expended: Provided further, That of the amount appropriated,
not less than $197,387,000 shall be available for the
Criminal Division, including related expenses for the Mutual
Legal Assistance Treaty Program.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $13,000,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $166,755,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $141,000,000 in fiscal year 2020), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2020, so as to result in a
final fiscal year 2020 appropriation from the general fund
estimated at $25,755,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,329,800,000: Provided, That of the total
amount appropriated, not to exceed $7,200 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain
available until expended: Provided further, That each United
States Attorney shall establish or participate in a task
force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $227,229,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, deposits to the United States Trustee
System Fund and amounts herein appropriated shall be
available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any
other provision of law, fees deposited into the Fund pursuant
to section 589a(b) of title 28, United States Code (as
limited by section 1004(b) of the Bankruptcy Judgeship Act of
2017 (division B of Public Law 115-72)), shall be retained
and used for necessary expenses in this appropriation and
shall remain available until expended: Provided further,
That to the extent that fees deposited into the Fund in
fiscal year 2020, net of amounts necessary to pay refunds due
depositors, exceed $227,229,000, those excess amounts shall
be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general
fund shall be reduced (1) as such fees are received during
fiscal year 2020, net of amounts necessary to pay refunds due
depositors, (estimated at $309,000,000) and (2) to the extent
that any remaining general fund appropriations can be derived
from amounts deposited in the Fund in previous fiscal years
that are not otherwise appropriated, so as to result in a
final fiscal year 2020 appropriation from the general fund
estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,335,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $16,000,000
is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness
security caravans; and not to exceed $18,000,000 is for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses: Provided, That amounts
made available under this heading may not be transferred
pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$17,000,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code,
$20,514,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,444,600,000, of which not to exceed $6,000 shall
be available for official reception and representation
expenses, and not to exceed $25,000,000 shall remain
available until expended.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $15,000,000, to remain available until
expended.
federal prisoner detention
For necessary expenses related to United States prisoners
in the custody of the United States Marshals Service as
authorized by section 4013 of title 18, United States Code,
$1,792,461,000, to remain available until expended:
Provided, That not to exceed $20,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States
Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the
National Security Division, $109,585,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking organizations,
transnational organized crime, and money laundering
organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and
drug trafficking, $570,000,000, of which $50,000,000 shall
remain available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
[[Page H4808]]
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $9,455,928,000, of which
not to exceed $216,000,000 shall remain available until
expended: Provided, That not to exceed $184,500 shall be
available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings, facilities and
sites by purchase, or as otherwise authorized by law;
conversion, modification and extension of federally owned
buildings; preliminary planning and design of projects; and
operation and maintenance of secure work environment
facilities and secure networking capabilities; $51,895,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to section 530C of title 28, United States Code; and expenses
for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs, $2,356,858,000, of
which not to exceed $75,000,000 shall remain available until
expended and not to exceed $90,000 shall be available for
official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and
for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,439,000,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States
Code: Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code:
Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and
Explosives to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, and for the provision of
technical assistance and advice on corrections related issues
to foreign governments, $7,325,000,000: Provided, That the
Attorney General may transfer to the Department of Health and
Human Services such amounts as may be necessary for direct
expenditures by that Department for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the Federal Prison System, furnish health services to
individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400 shall be
available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall
remain available for necessary operations until September 30,
2021: Provided further, That, of the amounts provided for
contract confinement, not to exceed $20,000,000 shall remain
available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal
Prison System may accept donated property and services
relating to the operation of the prison card program from a
not-for-profit entity which has operated such program in the
past, notwithstanding the fact that such not-for-profit
entity furnishes services under contracts to the Federal
Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $150,000,000, to remain available until expended:
Provided, That labor of United States prisoners may be used
for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the
1968 Act''); the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (``the 1974
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Violence Against Women Reauthorization Act of
2013 (Public Law 113-4) (``the 2013 Act''); and the Rape
Survivor Child Custody Act of 2015 (Public Law 114-22) (``the
2015 Act''); and for related victims services, $582,500,000,
to remain available until expended, which shall be derived by
transfer from amounts available for obligation in this Act
from the Fund established by section 1402 of chapter XIV of
title II of Public Law 98-473 (34 U.S.C. 20101),
notwithstanding section 1402(d) of such Act of 1984, and
merged with the amounts otherwise made available under this
heading: Provided, That except as otherwise provided by law,
not to exceed 5 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That
of the amount provided--
(1) $222,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $41,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $3,000,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation,
and statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ``Research, Evaluation
and Statistics'' for administration by the Office of Justice
Programs;
(4) $20,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013
Act, shall be available for this program: Provided further,
That 10 percent of the total amount available for this grant
program shall be available for grants under the program
authorized by section 2015 of the 1968 Act: Provided
further, That the definitions and grant conditions in section
40002 of the 1994 Act shall apply to this program;
(5) $62,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $50,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $50,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $26,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $57,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $9,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
[[Page H4809]]
(11) $22,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000
Act: Provided, That unobligated balances available for the
programs authorized by section 1301 of the 2000 Act and
section 41002 of the 1994 Act, prior to their amendment by
the 2013 Act, shall be available for this program;
(12) $9,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be
transferred to ``Research, Evaluation and Statistics'' for
administration by the Office of Justice Programs;
(15) $1,000,000 is for a national clearinghouse that
provides training and technical assistance on issues relating
to sexual assault of American Indian and Alaska Native women;
(16) $5,000,000 is for grants to assist tribal governments
in exercising special domestic violence criminal
jurisdiction, as authorized by section 904 of the 2013 Act:
Provided, That the grant conditions in section 40002(b) of
the 1994 Act shall apply to this program; and
(17) $3,500,000 is for the purposes authorized under the
2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C.
11291 et seq.); the Prosecutorial Remedies and Other Tools to
end the Exploitation of Children Today Act of 2003 (Public
Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law
101-647); the Second Chance Act of 2007 (Public Law 110-199);
the Victims of Crime Act of 1984 (Public Law 98-473); the
Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the NICS Improvement Amendments
Act of 2007 (Public Law 110-180); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and other programs, $80,000,000, to remain available
until expended, of which--
(1) $43,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $5,000,000 is for a
nationwide incident-based crime statistics program; and
(2) $37,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act, of which $5,000,000 is for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention;
$1,000,000 is for research to study the root causes of school
violence to include the impact and effectiveness of grants
made under the STOP School Violence Act; $1,000,000 is for a
study to better protect children against online predatory
behavior as part of the National Juvenile Online
Victimization Studies (N-JOVS); $3,000,000 is for a national
center for restorative justice; and $3,000,000 is for
corrections-related research, and $1,500,000 is for expenses
(including research and evaluation) associated with the
National Institute of Justice's implementation of the First
Step Act of 2018 (Public Law 115-391).
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Second Chance Act of 2007
(Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public
Law 110-403); the Victims of Crime Act of 1984 (Public Law
98-473); the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008 (Public
Law 110-416); the Violence Against Women Reauthorization Act
of 2013 (Public Law 113-4) (``the 2013 Act''); the
Comprehensive Addiction and Recovery Act of 2016 (Public Law
114-198) (``CARA''); the Justice for All Reauthorization Act
of 2016 (Public Law 114-324); Kevin and Avonte's Law
(division Q of Public Law 115-141) (``Kevin and Avonte's
Law''); the Keep Young Athletes Safe Act of 2018 (title III
of division S of Public Law 115-141) (``the Keep Young
Athletes Safe Act''); the STOP School Violence Act of 2018
(title V of division S of Public Law 115-141) (``the STOP
School Violence Act''); the Fix NICS Act of 2018 (title VI of
division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public
Law 115-185); and the SUPPORT for Patients and Communities
Act (Public Law 115-271); and other programs, $1,933,000,000,
to remain available until expended as follows--
(1) $530,250,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1, $15,000,000
is for the Officer Robert Wilson III Memorial Initiative on
Preventing Violence Against Law Enforcement Officer
Resilience and Survivability (VALOR), $7,500,000 is for an
initiative to support evidence-based policing, $10,000,000 is
for an initiative to enhance prosecutorial decision-making,
$3,600,000 is for the operationalization, maintenance and
expansion of the National Missing and Unidentified Persons
System, $2,500,000 is for an academic based training
initiative to improve police-based responses to people with
mental illness or developmental disabilities, $2,000,000 is
for a student loan repayment assistance program pursuant to
section 952 of Public Law 110-315, $15,500,000 is for prison
rape prevention and prosecution grants to States and units of
local government, and other programs, as authorized by the
Prison Rape Elimination Act of 2003 (Public Law 108-79),
$2,000,000 is for a grant program authorized by Kevin and
Avonte's Law, $3,000,000 is for a regional law enforcement
technology initiative, $7,000,000 is for the Capital
Litigation Improvement Grant Program, as authorized by
section 426 of Public Law 108-405, and for grants for
wrongful conviction review, $2,000,000 is for emergency law
enforcement assistance for events occurring during or after
fiscal year 2020, as authorized by section 609M of the
Justice Assistance Act of 1984 (34 U.S.C. 50101), $2,000,000
is for grants to States and units of local government to
deploy managed access systems to combat contraband cell phone
use in prison, $4,000,000 is for a program to improve
juvenile indigent defense, $100,000,000 is for grants for law
enforcement activities associated with the presidential
nominating conventions, and $8,000,000 is for community-based
violence prevention initiatives;
(2) $260,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $100,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public
Law 106-386, for programs authorized under Public Law 109-
164, or programs authorized under Public Law 113-4;
(4) $14,000,000 for economic, high technology, white
collar, and Internet crime prevention grants, including as
authorized by section 401 of Public Law 110-403, of which
$2,500,000 is for competitive grants that help State and
local law enforcement tackle intellectual property thefts,
and $2,000,000 for a competitive grant program for training
students in computer forensics and digital investigation;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $25,000,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $80,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $27,500,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110-180) and
Fix NICS Act of 2018;
(9) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $142,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $100,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $30,000,000 for other local, State, and Federal
forensic activities;
(C) $8,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(D) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(11) $49,000,000 for a grant program for community-based
sexual assault response reform;
(12) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $106,500,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199), without regard to the time limitations
specified at section 6(1) of such Act, of which not to exceed
$6,000,000 is for a program to improve State,
[[Page H4810]]
local, and tribal probation or parole supervision efforts and
strategies, $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental and
family relationships for incarcerated parents as a reentry or
recidivism reduction strategy, and $4,000,000 is for
additional replication sites employing the Project HOPE
Opportunity Probation with Enforcement model implementing
swift and certain sanctions in probation, and for a research
project on the effectiveness of the model: Provided, That up
to $7,500,000 of funds made available in this paragraph may
be used for performance-based awards for Pay for Success
projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive
Housing Model;
(14) $80,000,000 for initiatives to improve police-
community relations, of which $25,000,000 is for a
competitive matching grant program for purchases of body-worn
cameras for State, local and Tribal law enforcement,
$35,000,000 is for a justice reinvestment initiative, for
activities related to criminal justice reform and recidivism
reduction, and $20,000,000 is for an Edward Byrne Memorial
criminal justice innovation program;
(15) $375,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid abuse
reduction consistent with underlying program authorities--
(A) $83,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $35,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(C) $33,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(D) $25,000,000 for a veterans treatment courts program;
(E) $30,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(F) $159,000,000 for a comprehensive opioid abuse program;
and
(G) $10,000,000 is for law enforcement assisted diversion
program grants;
(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(17) $93,750,000 for grants to be administered by the
Bureau of Justice Assistance including for purposes
authorized under the STOP School Violence Act, of which
$2,000,000 is for a center for campus safety;
(18) $10,000,000 for a competitive grant pilot program for
qualified nonprofit organizations to provide legal
representation to immigrants arriving at the southwest border
seeking asylum and other forms of legal protection in the
United States; and
(19) $2,000,000 for grants to state and local law
enforcement agencies for the expenses associated with the
investigation and prosecution of criminal offenses, involving
civil rights, authorized by the Emmett Till Unsolved Civil
Rights Crimes Reauthorization Act of 2016 (Public Law 114-
325).
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C.
11291 et seq.); the Prosecutorial Remedies and Other Tools to
end the Exploitation of Children Today Act of 2003 (Public
Law 108-21); the Victims of Child Abuse Act of 1990 (Public
Law 101-647) (``the 1990 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the
Adam Walsh Act''); the PROTECT Our Children Act of 2008
(Public Law 110-401); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Justice for All Reauthorization Act of 2016
(Public Law 114-324); and other juvenile justice programs,
$341,500,000, to remain available until expended as follows--
(1) $65,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local and tribal juvenile justice residential facilities;
(2) $100,000,000 for youth mentoring grants;
(3) $49,500,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $5,000,000 shall be for grants to prevent trafficking
of girls;
(B) $7,500,000 shall be for the Tribal Youth Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated
parents;
(D) $2,000,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(E) $9,000,000 shall be for an opioid-affected youth
initiative;
(F) $8,000,000 shall be for an initiative relating to
children exposed to violence; and
(4) $28,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $85,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act (except that section 102(b)(4)(B) of
the PROTECT Our Children Act of 2008 (Public Law 110-401)
shall not apply for purposes of this Act);
(6) $4,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act; and
(7) $10,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of title I of the 1968
Act and Guam shall be considered a State.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs), to remain available until
expended; and $24,800,000 for payments authorized by section
1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for such
disability and education payments, the Attorney General may
transfer such amounts to ``Public Safety Officer Benefits''
from available appropriations for the Department of Justice
as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the preceding
proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); and the SUPPORT for Patients and Communities Act
(Public Law 115-271), $323,000,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in
accordance with section 505 of this Act: Provided further,
That of the amount provided under this heading--
(1) $239,750,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section: Provided, That, notwithstanding section 1704(c) of
such title (34 U.S.C. 10384(c)), funding for hiring or
rehiring a career law enforcement officer may not exceed
$125,000 unless the Director of the Office of Community
Oriented Policing Services grants a waiver from this
limitation: Provided further, That of the amounts
appropriated under this paragraph, $6,500,000 is for
community policing development activities in furtherance of
the purposes in section 1701: Provided further, That of the
amounts appropriated under this paragraph $38,000,000 is for
regional information sharing activities, as authorized by
part M of title I of the 1968 Act, which shall be transferred
to and merged with ``Research, Evaluation, and Statistics''
for administration by the Office of Justice Programs:
Provided further, That within the amounts appropriated under
this paragraph, no less than $3,000,000 is to support the
Tribal Access Program: Provided further, That within the
amounts appropriated under this paragraph, $2,000,000 is for
training, peer mentoring, and mental health program
activities as authorized under the Law Enforcement Mental
Health and Wellness Act (Public Law 115-113);
(2) $12,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $8,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of
precursor chemicals, finished methamphetamine, laboratories,
and laboratory dump seizures: Provided, That funds
appropriated under this paragraph shall be utilized for
investigative purposes to locate or investigate illicit
activities, including precursor diversion, laboratories, or
methamphetamine traffickers;
(4) $32,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration; and
(5) $31,250,000 is for competitive grants to be
administered by the Community Oriented Policing Services
Office for purposes authorized under the STOP School Violence
Act (title V of division S of Public Law 115-141).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape or incest: Provided,
That should this prohibition be declared unconstitutional by
a court of competent jurisdiction, this section shall be null
and void.
[[Page H4811]]
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. None of the funds made available under this
title may be used by the Federal Bureau of Prisons or the
United States Marshals Service for the purpose of
transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 207. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media
or equipment for inmate training, religious, or educational
programs.
Sec. 208. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information
technology program has appropriate program management
controls and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and in the report accompanying this Act, and to any use
of deobligated balances of funds provided under this title in
previous years.
Sec. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of section 545 of title 28, United
States Code.
Sec. 212. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this title under the headings
``Research, Evaluation and Statistics'', ``State and Local
Law Enforcement Assistance'', and ``Juvenile Justice
Programs''or otherwise appropriated or transferred under this
Act for administration by the Office of Justice Programs--
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical
assistance; and
(2) up to 3 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation, or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs; and
(3) up to 7 percent of funds made available for grant or
reimbursement programs may be transferred to and merged with
funds under the heading ``State and Local Law Enforcement
Assistance'', for assistance to Indian tribes, without regard
to the authorizations for such grant or reimbursement
programs.
Sec. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the
Attorney General may, with respect to funds appropriated in
this or any other Act making appropriations for fiscal years
2017 through 2020 for the following programs, waive the
following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10631 et seq.), the requirements under section
2976(g)(1) of such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act
of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12109(a)) shall not apply to amounts made available by this
or any other Act.
Sec. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of
an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is
an agent of a drug cartel, unless law enforcement personnel
of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2020, except up
to $12,000,000 may be obligated for implementation of a
unified Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of
Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation in fiscal year 2020, and any use,
obligation, transfer or allocation of such funds shall be
treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2020, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming
of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in
this Act for the Office of Justice Programs may be used to
participate in Performance Partnership Pilots authorized
under section 526 of division H of Public Law 113-76, section
524 of division G of Public Law 113-235, section 525 of
division H of Public Law 114-113, and such authorities as are
enacted for Performance Partnership Pilots in an
appropriations Act for fiscal years 2019 and 2020.
Sec. 218. None of the funds made available by this Act may
be used by the Executive Office for Immigration Review to
implement case performance numeric metrics that are linked to
performance evaluations for individual immigration judges.
This title may be cited as the ``Department of Justice
Appropriations Act, 2020''
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$5,000,000.
National Space Council
For necessary expenses of the National Space Council, in
carrying out the purposes of Title V of Public Law 100-685
and Executive Order 13803, hire of passenger motor vehicles,
and services as authorized by section 3109 of title 5, United
States Code, not to exceed $2,250 for official reception and
representation expenses, $1,870,000: Provided, That
notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal
agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
reimbursement to the National Space Council for purposes
provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$7,161,300,000, to remain available until September 30, 2021:
Provided, That, of the amounts provided, $592,600,000 is for
an orbiter to meet the science goals for the Jupiter Europa
mission as recommended in previous Planetary Science Decadal
surveys: Provided further, That the National Aeronautics and
Space Administration shall use the Space Launch System as the
launch vehicles for the Jupiter Europa missions, plan for an
orbiter launch no later than 2023 and a lander launch no
later than 2025, and include in the fiscal year 2021 budget
the 5-year funding profile necessary to achieve these goals.
[[Page H4812]]
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$700,000,000, to remain available until September 30, 2021.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $1,291,600,000, to remain available until September
30, 2021: Provided, That $180,000,000 shall be for RESTORE-
L: Provided further, That $125,000,000 shall be for nuclear
thermal propulsion technologies: Provided further, That, not
later than 180 days after the enactment of this Act, the
National Aeronautics and Space Administration (NASA) shall
provide a plan for the design of a flight demonstration.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$5,129,900,000, to remain available until September 30, 2021:
Provided, That not less than $1,425,000,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,150,000,000 shall be for the Space Launch System
(SLS) launch vehicle, which shall have a lift capability not
less than 130 metric tons and which shall have core elements
and an Exploration Upper Stage developed simultaneously, to
be used to the maximum extent practicable, including for
Earth to Moon missions and a Moon landing: Provided further,
That of the amounts provided for SLS, not less than
$200,000,000 shall be for Exploration Upper Stage
development: Provided further, That $592,800,000 shall be
for Exploration Ground Systems, including $50,000,000 for a
second mobile launch platform and associated SLS activities:
Provided further, That the National Aeronautics and Space
Administration (NASA) shall provide to the Committees on
Appropriations of the House of Representatives and the
Senate, concurrent with the annual budget submission, a 5-
year budget profile for an integrated system that includes
the Space Launch System, the Orion Multi-Purpose Crew
Vehicle, and associated ground systems that will ensure an
Exploration Mission-2 crewed launch as early as possible, as
well as a system-based funding profile for a sustained launch
cadence beyond the initial crewed test launch: Provided
further, That $962,100,000 shall be for exploration research
and development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$4,285,700,000, to remain available until September 30, 2021.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research,
development, operations, support, and services; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $123,000,000, to remain available
until September 30, 2021, of which $25,000,000 shall be for
the Established Program to Stimulate Competitive Research and
$48,000,000 shall be for the National Space Grant College and
Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space
technology, exploration, space operations and education
research and development activities, including research,
development, operations, support, and services; maintenance
and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$63,000 for official reception and representation expenses;
and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $3,084,600,000, to
remain available until September 30, 2021.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration, $497,200,000, to remain available
until September 30, 2025: Provided, That proceeds from
leases deposited into this account shall be available for a
period of 5 years to the extent and in amounts as provided in
annual appropriations Acts: Provided further, That such
proceeds referred to in the preceding proviso shall be
available for obligation for fiscal year 2020 in an amount
not to exceed $17,000,000: Provided further, That each
annual budget request shall include an annual estimate of
gross receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United
States Code.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$41,700,000, of which $500,000 shall remain available until
September 30, 2021.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Balances so
transferred shall be merged with and available for the same
purposes and the same time period as the appropriations to
which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that
section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public
Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized
by section 3109 of title 5, United States Code; maintenance
and operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $7,106,301,000, to remain available until September
30, 2021, of which not to exceed $544,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and
other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $223,230,000, to remain
available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as
authorized by section 3109 of title 5, United States Code,
authorized travel, and rental of conference rooms in the
District of Columbia, $950,000,000, to remain available until
September 30, 2021.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger
[[Page H4813]]
motor vehicles; uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of
Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $336,890,000:
Provided, That not to exceed $8,280 is for official reception
and representation expenses: Provided further, That
contracts may be entered into under this heading in fiscal
year 2020 for maintenance and operation of facilities and for
other services to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978,
$15,350,000, of which $400,000 shall remain available until
September 30, 2021.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science
Foundation in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers. Any transfer
pursuant to this paragraph shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
any planned divestment through transfer, decommissioning,
termination, or deconstruction of any NSF-owned facilities or
any NSF capital assets (including land, structures, and
equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations
Act, 2020''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $10,500,000:
Provided, That none of the funds appropriated in this
paragraph may be used to employ any individuals under
Schedule C of subpart C of part 213 of title 5 of the Code of
Federal Regulations exclusive of one special assistant for
each Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days: Provided further, That none of the funds appropriated
in this paragraph shall be used for any activity or expense
that is not explicitly authorized by section 3 of the Civil
Rights Commission Act of 1983 (42 U.S.C. 1975a): Provided
further, That the Chair is authorized to accept and use any
gift or donation to carry out the work of the Commission.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, section 501 of the Rehabilitation Act of 1973,
the Civil Rights Act of 1991, the Genetic Information
Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the
Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by section 3109 of title 5,
United States Code; hire of passenger motor vehicles as
authorized by section 1343(b) of title 31, United States
Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement
agencies for authorized services to the Commission,
$399,500,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations of the
House of Representatives and the Senate have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further,
That the Chair is authorized to accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by section 3109 of title 5, United
States Code, and not to exceed $2,250 for official reception
and representation expenses, $101,000,000, to remain
available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$550,000,000, of which $509,500,000 is for basic field
programs and required independent audits; $5,100,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $23,400,000 is for management and grants
oversight; $5,000,000 is for client self-help and information
technology; $5,000,000 is for a Pro Bono Innovation Fund; and
$2,000,000 is for loan repayment assistance: Provided, That
the Legal Services Corporation may continue to provide
locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5,
United States Code, notwithstanding section 1005(d) of the
Legal Services Corporation Act (42 U.S.C. 2996d(d)):
Provided further, That the authorities provided in section
205 of this Act shall be applicable to the Legal Services
Corporation: Provided further, That, for the purposes of
section 505 of this Act, the Legal Services Corporation shall
be considered an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2019 and 2020, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $3,616,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$57,000,000, of which $1,000,000 shall remain available until
expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including
transfers, $15,000,000, to be derived from the Trade
Enforcement Trust Fund: Provided, That any transfer pursuant
to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $6,555,000, of which $500,000 shall
remain available until September 30, 2021: Provided, That
not to exceed $2,250 shall be available for official
reception and representation expenses: Provided further,
That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United
States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfers of funds)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2020, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2)
[[Page H4814]]
eliminates a program, project or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any
functions or activities presently performed by Federal
employees; (7) augments existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10 percent;
or (8) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects or activities as approved by
Congress; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made
available by this Act shall be used to purchase items that
are manufactured, produced, or assembled in the United
States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a quarterly report on the status of balances of
appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the
quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which
the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately
identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection
of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101) in any fiscal year in excess of
$2,838,000,000 shall not be available for obligation until
the following fiscal year: Provided, That notwithstanding
section 1402(d) of such Act, of the amounts available from
the Fund for obligation: (1) $10,000,000 shall be transferred
to the ``Department of Justice, Office of Inspector General''
account for oversight and auditing purposes associated with
this section; and (2) 5 percent shall be available to the
Office for Victims of Crime for grants, consistent with the
requirements of the Victims of Crime Act, to Indian tribes to
improve services for victims of crime.
Sec. 511. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire
a high-impact or moderate-impact information system, as
defined for security categorization in the National Institute
of Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair
Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by
these Acts.
Sec. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent or more, the program manager shall immediately inform
the respective Secretary, Administrator, or Director.
[[Page H4815]]
The Secretary, Administrator, or Director shall notify the
House and Senate Committees on Appropriations within 30 days
in writing of such increase, and shall include in such
notice: the date on which such determination was made; a
statement of the reasons for such increases; the action taken
and proposed to be taken to control future cost growth of the
project; changes made in the performance or schedule
milestones and the degree to which such changes have
contributed to the increase in total program costs or
procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the
project's management structure is adequate to control total
project or procurement costs.
Sec. 519. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2020 until the enactment of the
Intelligence Authorization Act for fiscal year 2020.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances available to the
Department of Justice, the following funds are hereby
rescinded, not later than September 30, 2020, from the
following accounts in the specified amounts--
(1) ``Working Capital Fund'', $100,000,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $60,000,000 including from, but not limited to,
fees collected to defray expenses for the automation of
fingerprint identification and criminal justice information
services and associated costs; and
(3) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $85,000,000.
(b) The Department of Justice shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report no later than September 1, 2020,
specifying the amount of each rescission made pursuant to
subsection (a) .
(c) The amounts rescinded in subsection (a) shall not be
from amounts that were designated by the Congress as an
emergency or disaster relief requirement pursuant to the
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 522. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 523. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who
are stationed in the United States, at any single conference
occurring outside the United States unless such conference is
a law enforcement training or operational conference for law
enforcement personnel and the majority of Federal employees
in attendance are law enforcement personnel stationed outside
the United States.
Sec. 524. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department,
agency, or instrumentality and the total finances that have
not been obligated to a specific project remaining in the
accounts.
Sec. 525. To the extent practicable, funds made available
in this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology
Policy (OSTP), or the National Space Council (NSC) to
develop, design, plan, promulgate, implement, or execute a
bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any
way with China or any Chinese-owned company unless such
activities are specifically authorized by a law enacted after
the date of enactment of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors
at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA, OSTP, or NSC, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of
the activity, its agenda, its major participants, and its
location and timing.
Sec. 527. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, the National Space
Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency
head, to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date
of enactment of this Act.
Sec. 529. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not
meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may
be used in contravention of section 7606 (``Legitimacy of
Industrial Hemp Research'') of the Agricultural Act of 2014
(Public Law 113-79) by the Department of Justice or the Drug
Enforcement Administration.
Sec. 531. None of the funds made available under this Act
to the Department of Justice may be used, with respect to any
of the States of Alabama, Alaska, Arizona, Arkansas,
California, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Montana, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina,
North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode
Island, South Carolina, Tennessee, Texas, Utah, Vermont,
Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, the Commonwealth
of the Northern Mariana Islands, Guam, or Puerto Rico, to
prevent any of them from implementing their own laws that
authorize the use, distribution, possession, or cultivation
of medical marijuana.
Sec. 532. The Department of Commerce, the National
Aeronautics and Space Administration, and the National
Science Foundation shall provide a quarterly report to the
Committees on Appropriations of the House of Representatives
and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose
of such travel.
Sec. 533. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the
Public Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates.
Sec. 534. None of the funds made available in this Act or
any other Act may be used by the Department of Commerce to
incorporate into the 2020 Decennial Census any question that
was not included in the 2018 End-to-End Census Test in
Providence County, Rhode Island.
Sec. 535. None of the funds made available by this Act may
be used to relocate the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) Canine Training Center or the ATF
National Canine Division.
Sec. 536. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
Sec. 537. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 116-101. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
[[Page H4816]]
This Act may be cited as the ``Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2020''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies for the fiscal year ending September 30, 2020, and
for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$45,112,000, of which not to exceed $4,850,000 shall be
available for the Immediate Office of the Secretary; not to
exceed $1,448,000 shall be available for the Office of
Homeland Security; not to exceed $6,211,000 shall be
available for the Office of Partnerships and Public
Engagement, of which $1,500,000 shall be for 7 U.S.C.
2279(c)(5); not to exceed $22,251,000 shall be available for
the Office of the Assistant Secretary for Administration, of
which $21,376,000 shall be available for Departmental
Administration to provide for necessary expenses for
management support services to offices of the Department and
for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department: Provided, That funds
made available by this Act to an agency in the Administration
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office; not to
exceed $3,091,000 shall be available for the Office of
Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by
this Act, including programs involving intergovernmental
affairs and liaison within the executive branch; and not to
exceed $7,261,000 shall be available for the Office of
Communications: Provided further, That the Secretary of
Agriculture is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased
by more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the Immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading
for Departmental Administration shall be reimbursed from
applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under
this heading for the Office of the Assistant Secretary for
Congressional Relations and Intergovernmental Affairs may be
transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $21,013,000, of which $5,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $101,400,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $901,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
121, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $331,114,000, to
remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
$5,288,000, to remain available until expended: Provided,
That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $98,208,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) and section 1337 of the Agriculture and Food Act of
1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $41,242,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $800,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$87,757,000: Provided, That the term ``necessary expenses''
does not include any expenditure of funds to relocate the
Economic Research Service outside the National Capital
Region.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $180,794,000, of which up to $45,300,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,347,516,000, of which $13,100,000, to remain available
until expended, shall be used for transition and equipment
purchases for the National Bio and Agro-Defense Facility
located in Manhattan, Kansas: Provided, That of the amounts
available to the Agricultural Research Service for the
National Bio and Agro-Defense Facility, no funds may be
obligated above the amount provided for the facility in P.L.
116-6 until the Secretary of Agriculture submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from
such Committees, a strategic plan as required in the report
accompanying this Act: Provided further, That appropriations
hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000,
except for headhouses or greenhouses which shall each be
limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall
[[Page H4817]]
be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $50,000,000 to
remain available until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $1,033,007,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the report accompanying this Act:
Provided, That funds for research grants for 1994
institutions, education grants for 1890 institutions,
capacity building for non-land-grant colleges of agriculture,
the agriculture and food research initiative, veterinary
medicine loan repayment, multicultural scholars, graduate
fellowship and institution challenge grants, and grants
management systems shall remain available until expended:
Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than
$1,000,000: Provided further, That funds for education
grants for Alaska Native and Native Hawaiian-serving
institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii:
Provided further, That funds for education grants for 1890
institutions shall be made available to institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222: Provided
further, That not more than 5 percent of the amounts made
available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157
may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying
out that authority: Provided further, That none of these
funds may be used to relocate the National Institute of Food
and Agriculture outside the National Capital Region.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $541,086,000, which shall be
for the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the report accompanying this Act:
Provided, That funds for facility improvements at 1890
institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7
U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act
(7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law
93-471 shall be available for retirement and employees'
compensation costs for extension agents: Provided further,
That none of these funds may be used to relocate the National
Institute of Food and Agriculture outside the National
Capital Region.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$40,000,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the
report accompanying this Act: Provided, That funds for the
Food and Agriculture Defense Initiative shall remain
available until September 30, 2021: Provided further, That
notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626): Provided further, That
none of these funds may be used to relocate the National
Institute of Food and Agriculture outside the National
Capital Region.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $800,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $1,034,011,000,
of which $470,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests
program, including for cost share purposes or for debt
retirement for active eradication zones; of which
$37,857,000, to remain available until expended, shall be for
Animal Health Technical Services; of which $1,000,000 shall
be for activities under the authority of the Horse Protection
Act, as amended (15 U.S.C. 1831); of which $62,840,000, to
remain available until expended, shall be used to support
avian health; of which $4,251,000, to remain available until
expended, shall be for information technology infrastructure;
of which $186,513,000, to remain available until expended,
shall be for specialty crop pests; of which, $12,826,000, to
remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $17,523,000, to remain
available until expended, shall be for zoonotic disease
management; of which $40,966,000, to remain available until
expended, shall be for emergency preparedness and response;
of which $60,000,000, to remain available until expended,
shall be for tree and wood pests; of which $5,725,000, to
remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program
for indemnities; of which $2,500,000, to remain available
until expended, shall be for the wildlife damage management
program for aviation safety; of which $17,800,000, to remain
available until expended, shall be used to carry out the
science program and transition activities for the National
Bio and Agro-Defense Facility located in Manhattan, Kansas:
Provided, That of the amounts available to the Animal and
Plant Health Inspection Service for the National Bio and
Agro-Defense Facility, no funds may be obligated above the
amount provided for the facility in P.L. 116-6 until the
Secretary of Agriculture submits to the Committees on
Appropriations of both Houses of Congress, and receives
written or electronic notification of receipt from such
Committees, a strategic plan as required in the report
accompanying this Act: Provided further, That of amounts
available under this heading for wildlife services methods
development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall
remain available until expended: Provided further, That no
funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not
require minimum matching by the States of at least 40
percent: Provided further, That this appropriation shall be
available for the purchase, replacement, operation, and
maintenance of aircraft: Provided further, That in addition,
in emergencies which threaten any segment of the agricultural
production industry of the United States, the Secretary may
transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may
be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious
disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the
Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C.
7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding
fiscal year shall be merged with such transferred amounts:
Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2020, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 2268a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $182,888,000, of which $4,000,000 shall be available
for the purposes of section 12306 of Public Law 113-79:
Provided, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
[[Page H4818]]
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and
orders pursuant to the Agricultural Marketing Agreement Act
of 1937 and the Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $800,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $10,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,054,344,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2020 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act (7 U.S.C. 1901 et seq.): Provided further, That the Food
Safety and Inspection Service shall continue implementation
of section 11016 of Public Law 110-246 as further clarified
by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $901,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $206,530,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal
year pursuant to section 1241(a) of the Farm Security and
Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be
transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,122,837,000, of which not less than $20,000,000 shall be
for the hiring of new employees to fill vacancies at Farm
Service Agency county offices and farm loan officers and
shall be available until September 30, 2021: Provided, That
of the funds included under this heading, $30,000,000 shall
be available until expended for temporary staff and
information technology software development related to
implementation of the Agriculture Improvement Act of 2018:
Provided further, That not more than 50 percent of the
funding made available under this heading for information
technology related to farm program delivery may be obligated
until the Secretary submits to the Committees on
Appropriations of both Houses of Congress, and receives
written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for
each project/investment over $25,000 (a) the functional and
performance capabilities to be delivered and the mission
benefits to be realized, (b) the estimated lifecycle cost for
the entirety of the project/investment, including estimates
for development as well as maintenance and operations, and
(c) key milestones to be met; (2) demonstrates that each
project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and
guidance, and (c) subject to the applicable Department's
capital planning and investment control requirements; and (3)
has been reviewed by the Government Accountability Office and
approved by the Committees on Appropriations of both Houses
of Congress: Provided further, That the agency shall submit
a report by the end of the fourth quarter of fiscal year 2020
to the Committees on Appropriations and the Government
Accountability Office, that identifies for each project/
investment that is operational (a) current performance
against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical
metrics, (c) current performance against a pre-established
cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and
(e) an assessment of whether the investment continues to meet
business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the
Agency: Provided further, That other funds made available to
the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That funds made
available to county committees shall remain available until
expended: Provided further, That none of the funds available
to the Farm Service Agency shall be used to close Farm
Service Agency county offices: Provided further, That none
of the funds available to the Farm Service Agency shall be
used to permanently relocate county based employees that
would result in an office with two or fewer employees without
prior notification and approval of the Committees on
Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$5,000,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided,
That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly
fractionated land loans (25 U.S.C. 488) to be available from
funds in the Agricultural Credit Insurance Fund, as follows:
$2,750,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans;
$1,960,000,000 for unsubsidized guaranteed operating loans
and $1,550,133,000 for direct operating loans; emergency
loans, $37,668,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
Indian highly fractionated land loans, $10,000,000; and for
boll weevil eradication program loans, $20,000,000:
Provided, That the Secretary shall deem the pink bollworm to
be a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows: farm
operating loans, $58,440,000 for direct operating loans,
$20,972,000 for unsubsidized guaranteed operating loans;
emergency loans, $2,023,000; $2,745,000 for Indian highly
fractionated land loans; and $20,000 for boll weevil
eradication loans; to remain available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $317,068,000:
Provided, That of this amount, $290,917,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses'': Provided further,
That of this amount $16,081,000 shall be transferred to and
merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
[[Page H4819]]
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$58,361,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $829,628,000, to remain available
until September 30, 2021: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and
in accordance with the provisions of laws relating to the
activities of the Department, $155,000,000, to remain
available until expended: Provided, That for funds provided
by this Act or any other prior Act, the limitation regarding
the size of the watershed or subwatershed exceeding two
hundred and fifty thousand acres in which such activities can
be undertaken shall only apply for activities undertaken for
the primary purpose of flood prevention (including structural
and land treatment measures): Provided further, That of the
amounts made available under this heading, $52,500,000 shall
be allocated to projects and activities that can commence
promptly following enactment; that address regional
priorities for flood prevention, agricultural water
management, inefficient irrigation systems, fish and wildlife
habitat, or watershed protection; or that address authorized
ongoing projects under the authorities of section 13 of the
Flood Control Act of December 22, 1944 (Public Law 78-534)
with a primary purpose of watershed protection by preventing
floodwater damage and stabilizing stream channels,
tributaries, and banks to reduce erosion and sediment
transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $12,000,000 is provided:
Provided, That of the amounts made available under this
heading, $5,000,000 shall remain available until expended for
watershed rehabilitation projects in states with high-hazard
dams and other watershed structures and that have recently
incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C.
6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses for the Office of the Under
Secretary for Rural Development, $800,000: Provided, That
funds made available by this Act to an agency in the Rural
Development mission area for salaries and expenses are
available to fund up to one administrative support staff for
the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $255,835,000: Provided, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
support Rural Development programs: Provided further, That
of the amounts made available under this paragraph, no less
than 4,566 full-time equivalent employees salaries and
expenses shall be supported: Provided further, That in
addition to any other funds appropriated for purposes
authorized by section 502(i) of the Housing Act of 1949 (42
U.S.C. 1472(i)), any amounts collected under such section, as
amended by this Act, will immediately be credited to this
account and will remain available until expended for such
purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $1,000,000,000 shall be for
direct loans and $24,000,000,000 shall be for unsubsidized
guaranteed loans; $28,000,000 for section 504 housing repair
loans; $45,000,000 for section 515 rental housing;
$250,000,000 for section 538 guaranteed multi-family housing
loans; $10,000,000 for credit sales of single family housing
acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $112,900,000 shall be for direct loans; section 504
housing repair loans, $4,679,000; section 523 self-help
housing land development loans, $577,000; section 524 site
development loans, $546,000; and repair, rehabilitation, and
new construction of section 515 rental housing, $13,662,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the
projected cost of such loan guarantees pursuant to the
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a
rural area for purposes of section 502 guaranteed loans
provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until
June 1, 2020: Provided further, That the Secretary shall
implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate
the acquisition of Rural Housing Service (RHS) multifamily
housing properties by such nonprofit organizations and public
housing authorities that commit to keep such properties in
the RHS multifamily housing program for a period of time as
determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on
Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions,
grants, and developer loans at favorable rates and terms,
invested in a deal; and allow reimbursement of organizational
costs associated with owner's oversight of asset referred to
as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1486), $19,363,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged
with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or
[[Page H4820]]
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,375,000,000, of
which $40,000,000 shall be available until September 30,
2021; and in addition such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt
incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act:
Provided, That rental assistance agreements entered into or
renewed during the current fiscal year shall be funded for a
one-year period: Provided further, That any unexpended
balances remaining at the end of such one-year agreements may
be transferred and used for purposes of any debt reduction;
maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities
authorized under title V of the Act: Provided further, That
rental assistance provided under agreements entered into
prior to fiscal year 2020 for a farm labor multi-family
housing project financed under section 514 or 516 of the Act
may not be recaptured for use in another project until such
assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking
such assistance or the project has rental assistance eligible
tenants who are not receiving such assistance: Provided
further, That such recaptured rental assistance shall, to the
extent practicable, be applied to another farm labor multi-
family housing project financed under section 514 or 516 of
the Act: Provided further, That except as provided in the
third proviso under this heading and notwithstanding any
other provision of the Act, the Secretary may recapture
rental assistance provided under agreements entered into
prior to fiscal year 2020 for a project that the Secretary
determines no longer needs rental assistance and use such
recaptured funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $75,000,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $35,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of
such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of
annual appropriations: Provided further, That the Secretary
shall, to the maximum extent practicable, administer such
vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development:
Provided further, That if the Secretary determines that the
amount made available for vouchers in this or any other Act
is not needed for vouchers, the Secretary may use such funds
for the demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the
funds made available under this heading, $40,000,000 shall be
available for a demonstration program for the preservation
and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for
the purpose of providing safe and affordable housing for low-
income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns
on investment) required by the Secretary: Provided further,
That the Secretary shall as part of the preservation and
revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional
funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration
program may be used for such vouchers: Provided further,
That if Congress enacts legislation to permanently authorize
a multi-family rental housing loan restructuring program
similar to the demonstration program described herein, the
Secretary may use funds made available for the demonstration
program under this heading to carry out such legislation with
the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That in addition
to any other available funds, the Secretary may expend not
more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for
activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $45,000,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $2,800,000,000 for direct loans and
$250,000,000 for guaranteed loans.
For the cost of grants for rural community facilities
programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $71,000,000, to remain available until
expended: Provided, That $8,000,000 of the amount
appropriated under this heading shall be available for a
Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes
to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further,
That such intermediary organizations shall provide matching
funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That $6,000,000 of the amount appropriated
under this heading shall be to provide grants for facilities
in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $7,000,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$67,600,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $8,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et
seq.), and the Appalachian Regional Commission (40 U.S.C.
14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated
Farm and Rural Development Act, of which not more than 5
percent may be used for administrative expenses: Provided
further, That $4,000,000 of the amount appropriated under
this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and
Rural Development Act are not applicable to funds made
available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $5,219,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $557,000 shall be available through June 30,
2020, for Federally Recognized Native American Tribes; and of
which $1,072,000 shall be available through June 30, 2020,
for Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized
under section 313B(a) of the Rural Electrification Act, for
the purpose of promoting rural economic development and job
creation projects, $50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not
exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $29,800,000, of which
$3,000,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas
[[Page H4821]]
program: Provided, That not to exceed $3,000,000 shall be
for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially
disadvantaged groups and a majority of the boards of
directors or governing boards of which are comprised of
individuals who are members of socially disadvantaged groups;
and of which $18,000,000, to remain available until expended,
shall be for value-added agricultural product market
development grants, as authorized by section 210A of the
Agricultural Marketing Act of 1946, of which $3,000,000 may
be used for Agriculture Innovation Centers authorized
pursuant to section 6402 of Public Law 107-171.
rural microentrepreneur assistance program
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008s):
Provided, That such costs of loans, including the cost of
modifying such loans, shall be defined in section 502 of the
Congressional Budget Act of 1974.
rural energy for america program
For the cost of a program of loan guarantees, under the
same terms and conditions as authorized by section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $353,000: Provided, That the cost of loan guarantees,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants
for rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C,
306D, 306E, and 310B and described in sections 306C(a)(2),
306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural
Development Act, $718,480,000, to remain available until
expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in
section 306(a)(2)(B) of such Act, and of which not to exceed
$15,000,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided,
That not to exceed $15,000,000 of the amount appropriated
under this heading shall be for grants authorized by section
306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of
such Act and such grants may not exceed $1,000,000
notwithstanding section 306A(f)(1) of such Act: Provided
further, That $70,000,000 of the amount appropriated under
this heading shall be for loans and grants including water
and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and
Rural Development Act, and Federally Recognized Native
American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be
provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant
to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $30,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of
such Act, unless the Secretary makes a determination of
extreme need, of which $9,000,000 shall be made available for
a grant to a qualified nonprofit multi-State regional
technical assistance organization, with experience in working
with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving
the planning, financing, development, operation, and
management of water and waste water systems, and of which not
less than $800,000 shall be for a qualified national Native
American organization to provide technical assistance for
rural water systems for tribal communities: Provided
further, That not to exceed $19,570,000 of the amount
appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program
to provide technical assistance for rural water systems:
Provided further, That not to exceed $4,000,000 shall be for
solid waste management grants: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305, 306, and 317 of the Rural
Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g)
shall be made as follows: loans made pursuant to sections
305, 306, and 317, notwithstanding 317(c), of that Act, rural
electric, $5,500,000,000; guaranteed underwriting loans
pursuant to section 313A of that Act, $750,000,000; 5 percent
rural telecommunications loans, cost of money rural
telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be
used for the construction, acquisition, design and
engineering or improvement of fossil-fueled electric
generating plants (whether new or existing) that utilize
carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305
of the Rural Electrification Act of 1936 (7 U.S.C. 935),
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, cost of money
rural telecommunications loans, $3,795,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $29,851,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$50,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That funding provided under this heading
for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet
all of the eligibility criteria for a consortium as
established by this section.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $5,830,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $50,000,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa et seq.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $800,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $24,040,885,000 to
remain available through September 30, 2021, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$18,004,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$35,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of
greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program:
Provided further, That of the total amount available,
$50,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of
2010 (Public Law 111-80): Provided further, That section
26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking
``2010 through 2019'' and inserting ``2010 through 2021'':
Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended by striking ``For fiscal year 2019'' and inserting
``For fiscal years 2020 and 2021'': Provided further, That
section 9(h)(4) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(h)(4)) is amended by striking ``For
fiscal year 2019'' and inserting ``For fiscal years 2020 and
2021''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,000,000,000, to remain available through September 30,
2021: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not
less than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000
shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available
for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements
specified in section 17 of such Act: Provided further, That
none of the funds provided shall be available for activities
that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a
federally mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
[[Page H4822]]
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $71,093,908,000, of
which $5,000,000,000, to remain available through December
31, 2021, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2021: Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2021:
Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That funds made available under
this heading may be used to enter into contracts and employ
staff to conduct studies, evaluations, or to conduct
activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of
2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$344,248,000, to remain available through September 30, 2021:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2020 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2021: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 15 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $154,041,000: Provided, That of the
funds provided herein, $2,000,000 shall be used for the
purposes of section 4404 of Public Law 107-171, as amended by
section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $875,000:
Provided, That funds made available by this Act to an agency
in the Trade and Foreign Agricultural Affairs mission area
for salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,775,000, including not to exceed $40,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $215,513,000, of
which no more than 6 percent shall remain available until
September 30, 2021, for overseas operations to include the
payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $142,000, shall be transferred
to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,850,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $235,000,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That of the amount made available
under this heading, $25,000,000, shall remain available until
expended to purchase agricultural commodities as described in
subsection 3107(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $8,845,000, to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $6,382,000 shall be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $2,463,000
shall be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; in addition to amounts appropriated to the FDA
Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $5,848,357,000: Provided,
That of the amount provided under this heading,
$1,062,367,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to
this account and remain available until expended;
$219,527,000 shall be derived from medical device user fees
authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; $511,682,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $39,618,000 shall be
derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to
this account and remain available until expended; $30,524,000
shall be derived from animal drug user fees authorized by 21
U.S.C. 379j-12, and shall be credited to this account and
remain available until expended; $18,700,000 shall be derived
from generic new animal drug user fees authorized by 21
U.S.C. 379j-21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be
derived from tobacco product user fees authorized by 21
U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition
to and notwithstanding any other provision under this
heading, amounts collected for prescription drug user fees,
medical device user fees, human generic drug user fees,
biosimilar biological product user fees, animal drug user
fees, and generic new animal drug user fees that exceed the
respective fiscal year 2020 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from
prescription drug, medical device, human generic drug,
biosimilar biological product, animal drug, and generic new
animal drug assessments for fiscal year 2020, including any
such fees collected prior to fiscal year 2020 but credited
for fiscal year 2020, shall be subject to the fiscal year
2020 limitations: Provided further, That the Secretary may
accept payment during fiscal year 2020 of user fees specified
under this heading and authorized for fiscal year 2021, prior
to the due date for such fees, and that amounts of such fees
assessed for fiscal year 2021 for which the Secretary accepts
payment in fiscal year 2020 shall not be included in amounts
under this heading: Provided further, That none of these
funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated:
[[Page H4823]]
(1) $1,100,560,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the
Office of Regulatory Affairs, of which no less than
$15,000,000 shall be used for inspections of foreign seafood
manufacturers and field examinations of imported seafood; (2)
$1,978,674,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of
Regulatory Affairs; (3) $431,561,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$242,558,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $606,469,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $66,512,000 shall be
for the National Center for Toxicological Research; (7)
$661,739,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) $191,800,000 shall be for Rent and Related
activities, of which $56,043,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) $240,079,000 shall be
for payments to the General Services Administration for rent;
and (10) $328,405,000 shall be for other activities,
including the Office of the Commissioner of Food and Drugs,
the Office of Foods and Veterinary Medicine, the Office of
Medical and Tobacco Products, the Office of Global and
Regulatory Policy, the Office of Operations, the Office of
the Chief Scientist, and central services for these offices:
Provided further, That not to exceed $25,000 of this amount
shall be for official reception and representation expenses,
not otherwise provided for, as determined by the
Commissioner: Provided further, That any transfer of funds
pursuant to section 770(n) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts
made available under this heading for other activities:
Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
and medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and, contingent upon the
enactment of the Over-the-Counter Monograph User Fee Act of
2019, fees relating to over-the-counter monograph drugs
authorized by part 10 of subchapter C of chapter VII of the
Federal Food, Drug and Cosmetic Act shall be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $11,788,000, to remain
available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $75,000,000, to remain
available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to
section 1002(b)(3) of the 21st Century Cures Act, are to be
derived from amounts transferred under section 1002(b)(2)(A)
of such Act, and may be transferred by the Commissioner of
Food and Drugs to the appropriation for ``Department of
Health and Human Services Food and Drug Administration
Salaries and Expenses'' solely for the purposes provided in
such Act: Provided further, That upon a determination by the
Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the account: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District
of Columbia and elsewhere, $284,000,000, including not to
exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which
not less than $57,000,000, to remain available until
September 30, 2021, shall be for the purchase of information
technology and of which not less than $3,386,000 shall be for
expenses of the Office of the Inspector General: Provided,
That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this
Act: Provided further, That for the purpose of recording and
liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso,
such amounts shall be transferred to and recorded in a no-
year account in the Treasury, which has been established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations.
In addition, for move, replication, and related costs
associated with replacement leases for the Commission's
facilities, not to exceed $31,000,000, to remain available
until expended.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $76,000,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships: Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to
purchase new passenger motor vehicles, in addition to
specific appropriations for this purpose, so long as the
total number of vehicles purchased in fiscal year 2020 does
not exceed the number of vehicles owned or leased in fiscal
year 2018: Provided, That, prior to purchasing additional
motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce
operational costs, and for the protection of life, property,
and public safety: Provided further, That the Secretary may
not increase the Department of Agriculture's fleet above the
2018 level unless the Secretary notifies in writing, and
receives approval from, the Committees on Appropriations of
both Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of such changes: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, or functions of the offices of the Chief
Financial Officer or any personnel from the National Finance
Center prior to written notification to and prior approval of
the Committee on Appropriations of both Houses of Congress at
least 30 days in advance of such actions: Provided further,
That the Secretary of Agriculture and the offices of the
Chief Financial Officer shall actively market to existing and
new Departments and other government agencies National
Finance Center shared services including, but not limited to,
payroll, financial management, and human capital shared
services and allow the National Finance Center to perform
technology upgrades: Provided further, That of annual income
amounts in the Working Capital Fund of the Department of
Agriculture attributable to the amounts in excess of the true
costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the
Secretary shall reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation
of financial, administrative, and information technology
services, and other systems of the National Finance Center or
to pay any unforeseen, extraordinary cost of the National
Finance Center: Provided further, That none of the amounts
reserved shall be available for obligation unless the
Secretary submits written notification of the obligation to
the Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue
operations of the National Finance Center.
[[Page H4824]]
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That, notwithstanding section 11319 of title 40, United
States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by the Chief Information
Officer: Provided further, That the Chief Information
Officer may authorize an agency to obligate funds without
written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based
upon the performance of an agency measured against the
performance plan requirements described in the explanatory
statement accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313B(a) of such Act in
the same manner as a borrower under such Act.
Sec. 709. (a) Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2021, for information technology
expenses.
(b) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Rural Development mission area shall remain
available through September 30, 2021, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79)
or by a successor to that Act, other than by title I or
subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $1,404,000,000 (exclusive
of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities--
$485,000,000; State Option Contracts-- $5,000,000; Removal of
Defective Commodities-- $2,500,000; Administration of Section
32 Commodity Purchases--$35,853,000: Provided, That of the
total funds made available in the matter preceding this
proviso that remain unobligated on October 1, 2020, such
unobligated balances shall carryover into fiscal year 2021
and shall remain available until expended for any of the
purposes of section 32, except that any such carryover funds
used in accordance with clause (3) of section 32 may not
exceed $350,000,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided
further, That, with the exception of any available carryover
funds authorized in any prior appropriations Act to be used
for the purposes of clause (3) of section 32, none of the
funds appropriated or otherwise made available by this or any
other Act shall be used to pay the salaries or expenses of
any employee of the Department of Agriculture to carry out
clause (3) of section 32.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2021 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the Department of
Agriculture that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the Department of Agriculture, shall be
available for obligation or expenditure through transfer of
funds, or reimbursements as authorized by the Economy Act, or
through use of the authority provided by section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257) or section 8 of Public Law 89-106 (7 U.S.C. 2263),
that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees.
(b) None of the funds provided by this Act, or provided by
previous appropriations Acts to the Department of Agriculture
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
Department of Agriculture, shall be available for obligation
or expenditure for activities, programs, or projects through
use of the authorities referred to in subsection (a)
involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, projects, or activities as approved by Congress.
(c) The Secretary of Agriculture may not implement any
program, project, or activity not carried out during the
previous fiscal year unless the program, project, or activity
is funded by this Act or specifically funded by any other
Act.
(d) None of the funds provided by this Act, or provided by
previous appropriations Acts to the Department of Agriculture
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
Department of Agriculture shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less; or
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel.
Sec. 717. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the Food and Drug
Administration or the Commodity Futures Trading Commission
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the
[[Page H4825]]
collection of fees available to those agencies, shall be
available for obligation or expenditure through a
reprogramming, or a transfer of funds, that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Health and Human Services or the
Chairman of the Commodity Futures Trading Commission (as the
case may be) notifies in writing, and receives approval from,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of the reprogramming of such
funds or the use of such transfer authority.
(b) None of the funds provided by this Act, or provided by
previous appropriations Acts to the Food and Drug
Administration or the Commodity Futures Trading Commission
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to those
agencies, shall be available for obligation or expenditure
for programs, projects, or activities through a reprogramming
or use of the transfer authority referred to in subsection
(a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, projects, or activities as approved by Congress;
unless the Secretary of Health and Human Services or the
Chairman of the Commodity Futures Trading Commission (as the
case may be) notifies in writing, and receives approval from,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of the reprogramming of such
funds or the use of such transfer authority.
(c) The Secretary of Health and Human Services or the
Chairman of the Commodity Futures Trading Commission (as the
case may be) shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of
Congress before implementing any program, project, or
activity not carried out during the previous fiscal year
unless the program, project, or activity is funded by this
Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous appropriations Acts to the Food and Drug
Administration or the Commodity Futures Trading Commission
(as the case may be) that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to those agencies, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the Secretary of Health and Human Services or the
Chairman of the Commodity Futures Trading Commission (as the
case may be) notifies in writing, and receives approval from,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of using the funds for these
purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Health and Human
Services or the Chairman of the Commodity Futures Trading
Commission (as the case may be) receives from the Committee
on Appropriations of both Houses of Congress written or
electronic mail confirmation of receipt of the notification
as required in this section.
Sec. 718. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or
otherwise make available reports, questions, or responses to
questions that are a result of information requested for the
appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services,
non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 720. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 721. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 722. For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 723. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, the
Chairman of the Commodity Futures Trading Commission, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the joint explanatory
statement accompanying this Act.
Sec. 724. Of the unobligated balances from amounts made
available for the supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $800,000,000 are hereby rescinded.
Sec. 725. The Secretary shall continue an intermediary
loan packaging program based on the pilot program in effect
for fiscal year 2013 for packaging and reviewing section 502
single family direct loans. The Secretary shall continue
agreements with current intermediary organizations and with
additional qualified intermediary organizations. The
Secretary shall work with these organizations to increase
effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make
available from the national reserve section 502 loans an
amount necessary to support the work of such intermediaries
and provide a priority for review of such loans.
Sec. 726. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 727. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of plant and capital equipment necessary for the
delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture.
Sec. 728. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as de fined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations,
and ``variety'' as applied in the definition of the term
``staple food'' as defined in section 271.2 of title 7, Code
of Federal Regulations, to increase the number of items that
qualify as acceptable varieties in each staple food category
so that the total number of such items in each staple food
category exceeds the number of such items in each staple food
category included in the final rule as published on December
15, 2016: Provided, That until the Secretary promulgates
such regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers
that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-
79).
Sec. 729. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 730. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or
take any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 731. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and
risk-based preventive control requirements of the current
good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
[[Page H4826]]
Sec. 732. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator,
are in place to ensure that emergency food aid is received by
the intended beneficiaries in areas affected by food
shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 733. There is hereby appropriated $15,000,000, to
remain available until expended, to carry out section 6407 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107a): Provided, That the Secretary may allow eligible
entities, or comparable entities that provide energy
efficiency services using their own billing mechanism to
offer loans to customers in any part of their service
territory and to offer loans to replace a manufactured
housing unit with another manufactured housing unit, if
replacement would be more cost effective in saving energy.
Sec. 734. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as
applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 735. No food that bears or contains partially
hydrogenated oils (as defined in the order published by the
Food and Drug Administration in the Federal Register on June
17, 2015 (80 Fed. Reg. 34650 et seq.)) shall be considered to
be adulterated within the meaning of subsection (a)(1) or
(a)(2)(C)(i) of section 402 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342(a)) because such food contains
such partially hydrogenated oils until the applicable
compliance dates specified by FDA in the Federal Register on
May 21, 2018 (83 Fed. Reg. 23358 et seq.).
Sec. 736. None of the funds made available by this Act may
be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the
Animal Welfare Act (7 U.S.C. 2133), or the renewal of such
licenses, to class B dealers who sell dogs and cats for use
in research, experiments, teaching, or testing.
Sec. 737. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water or wastewater system
unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary or the designee concerning the request, and shall
allow for informal public input on the request for at least
15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each federally
recognized Indian tribe.
Sec. 738. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 739. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China
for use in the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761),
or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 740. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 741. Of the total amounts made available by this Act
for direct loans and grants in section 733 and in the
following headings: ``Rural Housing Service--Rural Housing
Insurance Fund Program Account''; ``Rural Housing Service--
Mutual and Self-Help Housing Grants''; ``Rural Housing
Service--Rural Housing Assistance Grants''; ``Rural Housing
Service--Rural Community Facilities Program Account'';
``Rural Business-Cooperative Service--Rural Business Program
Account''; ``Rural Business-Cooperative Service--Rural
Economic Development Loans Program Account''; ``Rural
Business-Cooperative Service--Rural Cooperative Development
Grants''; ``Rural Utilities Service--Rural Water and Waste
Disposal Program Account''; ``Rural Utilities Service--Rural
Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent
feasible, at least 10 percent of the funds shall be allocated
for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1980,
1990, and 2000 decennial censuses, and 2007-2011 American
Community Survey 5-year average: Provided further, That with
respect to specific activities for which program levels have
been made available by this Act that are not supported by
budget authority, the requirements of this section shall be
applied to such program level.
Sec. 742. (a) No funds shall be used to finalize the
proposed rule entitled ``Eligibility of the People's Republic
of China (PRC) to Export to the United States Poultry
Products from Birds Slaughtered in the PRC'' published in the
Federal Register by the Department of Agriculture on June 16,
2017 (82 Fed. Reg. 27625), unless the Secretary of
Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry
products comply with all other applicable requirements for
poultry products in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United
States processed poultry products;
(4) conduct re-inspection of such poultry products at
United States ports-of-entry to check the general condition
of such products, for the proper certification and labeling
of such products, and for any damage to such products that
may have occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
(b) This section shall be applied in a manner consistent
with obligations of the United States under any trade
agreement to which the United States is a party.
Sec. 743. In addition to any other funds made available in
this Act or any other Act, there is appropriated $5,000,000
to carry out section 18(g)(8) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)), to remain
available until expended.
Sec. 744. There is hereby appropriated $10,000,000, to
remain available until September 30, 2021, for the cost of
loans and grants that is consistent with section 4206 of the
Agricultural Act of 2014, for necessary expenses of the
Secretary to support projects that provide access to healthy
food in underserved areas, to create and preserve quality
jobs, and to revitalize low-income communities.
Sec. 745. For an additional amount for ``Animal and Plant
Health Inspection Service--Salaries and Expenses'',
$8,500,000, to remain available until September 30, 2021, for
one-time control and management and associated activities
directly related to the multiple-agency response to citrus
greening.
Sec. 746. None of the funds made available by this or any
other Act may be used to enforce the
[[Page H4827]]
final rule promulgated by the Food and Drug Administration
entitled ``Standards for the Growing, Harvesting, Packing,
and Holding of Produce for Human Consumption,'' and published
on November 27, 2015, with respect to the regulation of
entities that grow, harvest, pack, or hold wine grapes, hops,
pulse crops, or almonds.
Sec. 747. For school year 2020-2021, only a school food
authority that had a negative balance in the nonprofit school
food service account as of December 31, 2019, shall be
required to establish a price for paid lunches in accordance
with Section 12(p) of the Richard B. Russell National School
Lunch Act, 42 U.S.C. 1760(p).
Sec. 748. (a) There is hereby appropriated $463,000,000, to
remain available until expended, for an additional amount for
Sec. 779 of Public Law 115-141.
(b) Section 313 of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 940c), shall be applied for fiscal year
2019 and each fiscal year thereafter until the specified
funding has been expended as if the following were inserted
after the final period in subsection (b)(2): In addition, the
Secretary shall use $87,000,000 of funds available in this
subaccount in fiscal year 2020 for an additional amount for
the same purpose and under the same terms and conditions as
funds appropriated by Sec. 779 of Public Law 115-141.:
Provided, That prior to any use of such funds, the Secretary
shall provide written notification to the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance.
Sec. 749. There is hereby appropriated $5,000,000, to
remain available until September 30, 2021, for a pilot
program for the National Institute of Food and Agriculture to
provide grants to nonprofit organizations for programs and
services to establish and enhance farming and ranching
opportunities for military veterans.
Sec. 750. None of the funds made available by this Act may
be used to implement or enforce the matter following the
first comma in the second sentence of footnote (c) of section
220.8(c) of title 7, Code of Federal Regulations, with
respect to the substitution of vegetables for fruits under
the school breakfast program established under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 751. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall, not later than July 1, 2020, and following the
review required under Executive Order 12866 (5 U.S.C. 601
note; relating to regulatory planning and review), issue
advice revising the advice provided in the notice of
availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug
Administration; Revised Fish Advice; Availability'' (82 Fed.
Reg. 6571 (January 19, 2017)), in a manner that is consistent
with nutrition science recognized by the Food and Drug
Administration on the net effects of seafood consumption.
Sec. 752. In addition to any funds made available in this
Act or any other Act, there is hereby appropriated
$10,000,000, to remain available until September 30, 2021,
for grants from the National Institute of Food and
Agriculture to the 1890 Institutions to support the Centers
of Excellence.
Sec. 753. There is hereby appropriated $1,000,000 for the
Secretary of Agriculture to carry out a pilot program that
assists rural hospitals to improve long-term operations and
financial health by providing technical assistance through
analysis of current hospital management practices.
Sec. 754. There is hereby appropriated $2,000,000, to
remain available until expended, for grants under section
12502 of Public Law 115-334.
Sec. 755. The funds provided in section 753 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2018, are rescinded.
Sec. 756. Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall
issue a final rule based on the proposed rule entitled
``National Organic Program; Origin of Livestock,'' published
in the Federal Register on April 28, 2015 (80 Fed. Reg.
23455): Provided, That the final rule shall incorporate
public comments submitted in response to the proposed rule.
Sec. 757. There is hereby appropriated $3,000,000, to
remain available until September 30, 2021, to carry out
section 4003(b) of Public Law 115-334 relating to
demonstration projects for Tribal Organizations.
Sec. 758. Hereafter, and not withstanding any other
provision of law, no funds available to the Department of
Agriculture may be used to relocate an agency, or any part of
an agency, that was located within the National Capital
Region on August 1, 2018, to a site outside of the National
Capital Region in the absence of the prior enactment of a
specific appropriation for that relocation.
Sec. 759. Hereafter, and notwithstanding any other
provision of law, no funds available to the Department of
Agriculture may be used to move any agency from the mission
area in which it was located on August 1, 2018, to any other
mission area or office within the Department in the absence
of the enactment of specific legislation affirming such move.
Sec. 760. The Animal and Plant Health Inspection Service
shall, notwithstanding any other provision of law:
(a) within 60 calendar days, restore on its website the
searchable database and its contents that were available on
January 30, 2017, and all content generated since that date;
and
(b) hereafter, make publicly available via searchable
database, in their entirety without redactions except
signatures, the following:
(1) all Animal Welfare Act inspection reports, including
all reports documenting all AWA non-compliances observed by
USDA officials and all animal inventories;
(2) all Animal Welfare Act and Horse Protection Act
enforcement records;
(3) all reports or other materials documenting any non-
compliances observed by USDA officials; and
(4) all Animal Welfare Act research facility annual
reports, including their attachments.
Sec. 761. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115-334.
Sec. 762. The Secretary of Agriculture may waive the
matching funds requirement under Section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(g)).
Sec. 763. There is hereby appropriated $10,000,000, to
remain available until September 30, 2021, to carry out
section 23 of the Child Nutrition Act of 1966 (42 U.S.C.
1793), of which $1,000,000 shall be for grants under such
section to the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, the United States Virgin
Islands, and American Samoa.
Sec. 764. There is hereby appropriated $1,000,000 to carry
out section 12607(b) of Public Law 115-334.
Sec. 765. Section 2 of the Rural Electrification Act of
1936 (7 U.S.C. 902) is amended in subsection (a) by striking
``made by the Secretary'' and inserting ``made or guaranteed
by the Secretary''.
Sec. 766. The National Bio and Agro-Defense Facility shall
be transferred without reimbursement from the Secretary of
Homeland Security to the Secretary of Agriculture.
Sec. 767. Any funds made available by this or any other
Act that the Secretary withholds pursuant to section
1668(g)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be
available for grants for biotechnology risk assessment
research: Provided, That the Secretary may transfer such
funds to appropriations of the Department of Agriculture.
Sec. 768. There is hereby appropriated $5,000,000 to carry
out section 222 of Subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6923) as
amended by section 12302 of P.L. 115-334.
Sec. 769. There is hereby appropriated $400,000 to carry
out section 224 of Subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6924) as
amended by section 12504 of P.L. 115-334.
Sec. 770. There is hereby appropriated $1,000,000, to
remain available until September 30, 2021, to carry out
section 4208 of Public Law 115-334.
Sec. 771. There is hereby appropriated $400,000 to carry
out section 1672(g)(4)(B) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)(4(B))
as amended by section 7209 of P.L. 115-334.
Sec. 772. There is hereby appropriated $10,000,000 to
carry out section 12301 of Public Law 115-334.
Sec. 773. There is hereby appropriated $2,500,000 to carry
out section 1450 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222e)
as amended by section 7120 of P.L. 115-334.
Sec. 774. There is hereby appropriated $1,000,000 to carry
out section 1671 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5924) as amended by section 7208
of P.L. 115-334.
Sec. 775. There is hereby appropriated $5,000,000 to carry
out section 310I of Subtitle A of Title III of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1936c)
as amended by section 5104 of P.L. 115-334.
Sec. 776. There is hereby appropriated $7,000,000 for the
purposes described in the paragraph entitled ``Nutrition
Assistance Program (NAP) Study'' under the Supplemental
Nutrition Assistance Program included in the report
accompanying this Act.
Sec. 777. There is hereby appropriated $5,000,000 to
remain available until September 30, 2021, to carry out
section 4206 of Public Law 115-334.
Sec. 778. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt
of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or
section 351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) in research in which a human embryo is
intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption
may not go into effect.
Sec. 779. None of the funds made available to the
Department of Agriculture shall be used to finalize, issue,
or implement the proposed rule entitled ``Modernization of
Swine Slaughter Inspection'' published in the Federal
Register by the Food Safety Inspection Service on February 1,
2018 (83 Fed. Reg. 4780 et seq.), including insofar as such
rule relates to converting establishments, until--
(1) the Office of the Inspector General of the Department
of Agriculture has provided to the Food Safety and Inspection
Service and the Committees on Appropriations of the House of
Representatives and the Senate findings on the data used in
support of the development and design of the swine slaughter
inspection program that is the subject of such proposed rule;
and
(2) the Food Safety and Inspection Service has addressed
and resolved issues identified by the Inspector General in
the findings referred to in paragraph (1).
[[Page H4828]]
Sec. 780. None of the funds made available by this Act may
be used to--
(1) transfer the functions of, or eliminate, a Forest
Service Job Corps Civilian Conservation Center; or
(2) alter the jurisdiction of the Secretary of Agriculture
with respect to the operation of such a Forest Service Job
Corps Civilian Conservation Center, as such jurisdiction was
in effect on January 1, 2019.
Sec. 781. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
Sec. 782. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 116-107. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
This Act may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2020''.
DIVISION C--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2020, and for other
purposes, namely:
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(including rescission of funds)
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,265,097,000, to remain available until September
30, 2021; of which $125,653,000 for annual and deferred
maintenance shall remain available until expended, and of
which $6,000,000 is for a pilot program to complement
activities authorized by Public Law 92-195: Provided, That
amounts in the fee account of the Bureau of Land Management
permit process improvement fund may be used for bureau-
related expenses directly associated with the processing of
oil and gas applications for permits to drill and related use
of authorizations.
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year
2020, so as to result in a final appropriation estimated at
not more than $1,265,097,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
Of the unobligated balances from amounts made available
under this heading in fiscal year 2016 or before, $14,000,000
is permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
construction
(including rescission of funds)
Of the unobligated balances from amounts made available
under this heading $5,000,000 is permanently rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $33,800,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $117,195,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.),
and under section 28 of the Mineral Leasing Act (30 U.S.C.
185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act (43 U.S.C. 1721(b)), to remain available until
expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements
with public and private entities, including with States.
Appropriations for the Bureau shall be available for
purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law
90-620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards: Provided further, That projects
to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in
support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its
contractors or for the sale of wild horses and burros that
results in their destruction for processing into commercial
products.
United States Fish and Wildlife Service
resource management
(including rescission of funds)
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,364,760,000, to remain available until
September 30, 2021: Provided, That not to exceed $23,442,000
shall be used for implementing subsections (a), (b), (c), and
(e) of section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)).
Of the unobligated balances from amounts made available
under this heading, in accordance with the joint explanatory
statement accompanying the Consolidated Appropriations Act,
2019, for central office operations in fiscal year 2019,
$4,000,000 is permanently rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the
[[Page H4829]]
Balanced Budget and Emergency Deficit Control Act of 1985.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fish and wildlife resources, and the acquisition of lands and
interests therein; $15,693,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
United States Fish and Wildlife Service, $67,750,000, to be
derived from the Land and Water Conservation Fund and to
remain available until expended, of which, notwithstanding
section 200306 of title 54, United States Code, not more than
$10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004,
including not to exceed $320,000 for administrative expenses:
Provided, That none of the funds appropriated for specific
land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $63,702,000,
to remain available until expended, of which $23,702,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund; and of which $40,000,000 is to be derived
from the Land and Water Conservation Fund.
Of the unobligated balances made available from the
Cooperative Endangered Species Conservation Fund, $10,000,000
is permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $50,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$4,910,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $15,000,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $70,571,000, to remain
available until expended: Provided, That of the amount
provided herein, $5,209,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$7,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the
regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$12,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2020 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2021, shall be reapportioned, together with funds
appropriated in 2022, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title, and which are used pursuant to law in
connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding 31
U.S.C. 3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be
available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot
type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of
the National Park Service, $2,646,979,000, of which
$10,282,000 for planning and interagency coordination in
support of Everglades restoration and $150,980,000 for
maintenance, repair, or rehabilitation projects for
constructed assets and $166,575,000 for cyclic maintenance
projects for constructed assets and cultural resources and
$5,000,000 shall be for uses authorized by section 101122 of
title 54, United States Code shall remain available until
September 30, 2021: Provided, That funds appropriated under
this heading in this Act are available for the purposes of
section 5 of Public Law 95-348: Provided further, That
notwithstanding section 9(a) of the United States
Semiquincentennial Commission Act of 2016 (Public Law 114-
196; 130 Stat. 691), $500,000 of the funds made available
under this heading shall be provided to the organization
selected under section 9(b) of that Act for expenditure by
the United States Semiquincentennial Commission in accordance
with that Act. Provided further, That notwithstanding
section 9 of the 400 Years of African-American History
Commission Act (Public Law 115-102; 131 Stat. 2248), $500,000
of the funds made available under this heading shall be
provided to the 400 Years of African-American History
Commission for expenditure in accordance with that Act.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise
provided for, $73,508,000.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (division A of subtitle III of
title 54, United States Code), $121,660,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2021, of which $16,000,000 shall be for
Save America's Treasures grants for preservation of national
significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of
2009 (54 U.S.C. 3089): Provided, That an individual Save
America's Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only
be eligible for one grant: Provided further, That all
projects to be funded shall be approved by the Secretary of
the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the
funds provided for the Historic Preservation Fund, $750,000
is for competitive grants for the survey and nomination of
properties to the National Register of Historic Places and as
National Historic Landmarks associated with communities
currently under-represented, as determined by the Secretary,
$22,500,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, $10,000,000 is for
grants to Historically Black Colleges and Universities, and
$5,000,000 is for competitive grants for the restoration of
historic properties of national, State and local significance
listed on or eligible for inclusion on the National Register
of Historic Places, to be made without imposing the usage or
direct grant restrictions of section 101(e)(3) (54 U.S.C.
302904) of the National Historical Preservation Act:
Provided further, That such competitive grants shall be made
without imposing the matching requirements in section
[[Page H4830]]
302902(b)(3) of title 54, United States Code, to States and
Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including
Certified Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$319,704,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2021 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made
available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National
Park Service Construction appropriation: Provided further,
That the Secretary of the Interior shall consult with the
Committees on Appropriations, in accordance with current
reprogramming thresholds, prior to making any charges
authorized by this section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2020 by
section 200308 of title 54, United States Code, is rescinded.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to the
National Park Service, $208,400,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $140,000,000 is for the State
assistance program and of which $15,000,000 shall be for the
American Battlefield Protection Program grants as authorized
by chapter 3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of
section 101701 of title 54, United States Code, relating to
challenge cost share agreements, $20,000,000, to remain
available until expended, for Centennial Challenge projects
and programs: Provided, That not less than 50 percent of the
total cost of each project or program shall be derived from
non-Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed
the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to
the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefitting unit,
in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,236,398,000, to
remain available until September 30, 2021; of which
$84,337,000 shall remain available until expended for
satellite operations; and of which $20,164,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the
United States National Committee for Geological Sciences; and
payment of compensation and expenses of persons employed by
the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the
United States Geological Survey may enter into contracts or
cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or
intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of
title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering
leases, easements, rights-of-way and agreements for use for
oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for
environmental studies, as authorized by law; for implementing
other laws and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or
cooperative agreements, $182,781,000, of which $122,781,000
is to remain available until September 30, 2021, and of which
$60,000,000 is to remain available until expended: Provided,
That this total appropriation shall be reduced by amounts
collected by the Secretary and credited to this appropriation
from additions to receipts resulting from increases to lease
rental rates in effect on August 5, 1993, and from cost
recovery fees from activities conducted by the Bureau of
Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis,
and miscellaneous administrative activities: Provided
further, That the sum herein appropriated shall be reduced as
such collections are received during the fiscal year, so as
to result in a final fiscal year 2020 appropriation estimated
at not more than $122,781,000: Provided further, That not to
exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements
for use for oil and gas, other minerals, energy, and marine-
related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and
regulations as authorized by law and to the extent provided
by Presidential or Secretarial delegation; and for matching
grants or cooperative agreements, $145,504,000, of which
$119,504,000 is to remain available until September 30, 2021,
and of which $26,000,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Safety and Environmental Enforcement pursuant to
the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2020 appropriation estimated at not more than
$119,504,000.
For an additional amount, $47,308,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in
fiscal year 2020, as provided in this Act: Provided, That to
the extent that amounts realized from such inspection fees
exceed $47,308,000, the amounts realized in excess of
$47,308,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2020, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title
[[Page H4831]]
VII, and title VIII, section 8201 of the Oil Pollution Act of
1990, $14,899,000, which shall be derived from the Oil Spill
Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, $121,647,000, to remain available until September
30, 2021: Provided, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain
available until expended: Provided, That fees assessed and
collected by the Office pursuant to such section 507 shall be
credited to this account as discretionary offsetting
collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2020
appropriation estimated at not more than $121,647,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$24,713,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, $115,000,000, to remain available until
expended, for grants to States and federally recognized
Indian Tribes for reclamation of abandoned mine lands and
other related activities in accordance with the terms and
conditions in the report accompanying this Act: Provided,
That such additional amount shall be used for economic and
community development in conjunction with the priorities in
section 403(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of
such additional amount, $75,000,000 shall be distributed in
equal amounts to the 3 Appalachian States with the greatest
amount of unfunded needs to meet the priorities described in
paragraphs (1) and (2) of such section, $30,000,000 shall be
distributed in equal amounts to the 3 Appalachian States with
the subsequent greatest amount of unfunded needs to meet such
priorities, and $10,000,000 shall be for grants to federally
recognized Indian Tribes without regard to their status as
certified or uncertified under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation
of abandoned mine lands and other related activities in
accordance with the terms and conditions in the report
accompanying this Act and shall be used for economic and
community development in conjunction with the priorities in
section 403(a) of the Surface Mining Control and Reclamation
Act of 1977: Provided further, That such additional amount
shall be allocated to States and Indian Tribes within 60 days
after the date of enactment of this Act.
Bureau of Indian Affairs
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5301 et seq.), $1,650,504,000 to remain available until
September 30, 2021, except as otherwise provided herein; of
which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $77,734,000
shall be for welfare assistance payments: Provided, That in
cases of designated Federal disasters, the Secretary may
exceed such cap, from the amounts provided herein, to provide
for disaster relief to Indian communities affected by the
disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized
Indian tribes may use their tribal priority allocations for
unmet welfare assistance costs: Provided further, That not
to exceed $73,164,000 shall remain available until expended
for housing improvement, road maintenance, attorney fees,
litigation support, land records improvement, and the Navajo-
Hopi Settlement Program: Provided further, That any forestry
funds allocated to a federally recognized tribe which remain
unobligated as of September 30, 2021, may be transferred
during fiscal year 2022 to an Indian forest land assistance
account established for the benefit of the holder of the
funds within the holder's trust fund account: Provided
further, That any such unobligated balances not so
transferred shall expire on September 30, 2022: Provided
further, That in order to enhance the safety of Bureau field
employees, the Bureau may use funds to purchase uniforms or
other identifying articles of clothing for personnel:
Provided further, That the Bureau of Indian Affairs may
accept transfers of funds from U.S. Customs and Border
Protection to supplement any other funding available for
reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal
Transportation Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Bureau of Indian Affairs and the Bureau of Indian
Education for fiscal year 2020, such sums as may be
necessary, which shall be available for obligation through
September 30, 2021: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483; $146,014,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to the Act
of November 2, 1921 (25 U.S.C. 13), shall be made available
on a nonreimbursable basis: Provided further, That this
appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation:
Provided further, That of the funds made available under
this heading, $10,000,000 shall be derived from the Indian
Irrigation Fund established by section 3211 of the WIIN Act
(Public Law 114-322; 130 Stat. 1749).
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 111-11,
111-291, and 114-322, and for implementation of other land
and water rights settlements, $45,644,000, to remain
available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$12,784,000, of which $1,725,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed or insured, not to
exceed $199,075,370.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the
Bureau of Indian Affairs may contract for services in support
of the management, operation, and maintenance of the Power
Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices,
and facilities operations and maintenance) shall be available
for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian
Education programs, as authorized by law, including the
Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian
Self-Determination and Education Assistance Act of 1975 (25
[[Page H4832]]
U.S.C. 5301 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.), $1,000,233,000, to remain
available until September 30, 2021, except as otherwise
provided herein: Provided, That federally recognized Indian
tribes and tribal organizations of federally recognized
Indian tribes may use their Tribal priority allocations for
unmet welfare assistance costs: Provided further, That not to
exceed $721,690,000 for school operation costs of Bureau-
funded schools and other education programs shall become
available on July 1, 2020, and shall remain available until
September 30, 2021: Provided further, That notwithstanding
any other provision of law, including but not limited to the
Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.) and section 1128 of the Education Amendments of 1978
(25 U.S.C. 2008), not to exceed $81,508,000 within and only
from such amounts made available for school operations shall
be available for administrative cost grants associated with
grants approved prior to July 1, 2020: Provided further, That
in order to enhance the safety of Bureau field employees, the
Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the
operation of Indian Education programs, including
architectural and engineering services by contract;
acquisition of lands, and interests in lands; $387,252,000 to
remain available until expended; Provided, That for fiscal
year 2020, in implementing new construction, replacement
facilities construction, or facilities improvement and repair
project grants in excess of $100,000 that are provided to
grant schools under Public Law 100-297, the Secretary of the
Interior shall use the Administrative and Audit Requirements
and Cost Principles for Assistance Programs contained in part
12 of title 43, Code of Federal Regulations, as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of title 43, Code of
Federal Regulations; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering grant
applications, the Secretary shall consider whether such
grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes
and Federal, tribal, or State health and safety standards as
required by section 1125(b) of title XI of Public Law 95-561
(25 U.S.C. 2005(b)), with respect to organizational and
financial management capabilities: Provided further, That if
the Secretary declines a grant application, the Secretary
shall follow the requirements contained in section 5206(f) of
Public Law 100-297 (25 U.S.C. 2504(f)): Provided further,
That any disputes between the Secretary and any grantee
concerning a grant shall be subject to the disputes provision
in section 5208(e) of Public Law 107-110 (25 U.S.C. 2507(e)):
Provided further, That in order to ensure timely completion
of construction projects, the Secretary may assume control of
a project and all funds related to the project, if, not later
than 18 months after the date of the enactment of this Act,
any grantee receiving funds appropriated in this Act or in
any prior Act, has not completed the planning and design
phase of the project and commenced construction.
administrative provisions
The Bureau of Indian Education may carry out the operation
of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts, and grants, either directly
or in cooperation with States and other organizations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education for central
office oversight and Executive Direction and Administrative
Services (except executive direction and administrative
services funding for Tribal Priority Allocations, regional
offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal
Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Education, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools
under 25 U.S.C. 452 et seq., shall be available to support
the operation of any elementary or secondary school in the
State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding
formula, only to the schools in the Bureau school system as
of September 1, 1996, and to any school or school program
that was reinstated in fiscal year 2012. Funds made available
under this Act may not be used to establish a charter school
at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)),
except that a charter school that is in existence on the date
of the enactment of this Act and that has operated at a
Bureau-funded school before September 1, 1999, may continue
to operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive
this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-
public schools located within the jurisdictional area of the
tribal government which exclusively serve tribal members, do
not include grades beyond those currently served at the
existing Bureau-funded school, provide an educational
environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and
demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs,
such as for transportation or other impacts to students such
as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used
to fund operations, maintenance, rehabilitation, construction
or other facilities-related costs for such assets that are
not owned by the Bureau: Provided further, That the term
``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50
miles but that forms part of the existing school in all other
respects.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $131,232,000, to remain available until
September 30, 2021; of which no less than $1,000,000 shall be
for the hiring of additional personnel to assist the
Department with its compliance responsibilities under 5
U.S.C. 552; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of
Mines; and of which $9,000,000 for the Office of Valuation
Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended;
and of which $11,061,000 for Indian land, mineral, and
resource valuation activities shall remain available until
expended: Provided, That funds for Indian land, mineral, and
resource valuation activities may, as needed, be transferred
to and merged with the Bureau of Indian Affairs ``Operation
of Indian Programs'' and Bureau of Indian Education
``Operation of Indian Education Programs'' accounts and the
Office of the Special Trustee for American Indians ``Federal
Trust Programs'' account: Provided further, That funds made
available through contracts or grants obligated during fiscal
year 2020, as authorized by the Indian Self-Determination Act
of 1975 (25 U.S.C. 5301 et seq.), shall remain available
until expended by the contractor or grantee.
administrative provisions
For fiscal year 2020, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
[[Page H4833]]
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $108,631,000, of which: (1) $99,140,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands, as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $9,491,000
shall be available until September 30, 2021, for salaries and
expenses of the Office of Insular Affairs: Provided, That
all financial transactions of the territorial and local
governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by
such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding
shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands
approved by Public Law 104-134: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for
disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,236,000, to remain
available until expended, as provided for in sections
221(a)(2) and 233 of the Compact of Free Association for the
Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the
Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such loans or loan guarantees may be made without regard to
the population of the area, credit elsewhere requirements,
and restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$66,816,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$55,986,000, to remain available until September 30, 2021.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer and rescission of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $97,613,000, to remain available until expended, of
which not to exceed $17,911,000 from this or any other Act,
may be available for historical accounting: Provided, That
$10,000,000 shall not be available for obligation until the
Secretary provides the report required by section 304(a)(3)
of the Indian Trust Asset Reform Act (Public Law 114-178) to
terminate the Office of the Special Trustee in its entirety,
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That funds
for Trust Management improvements and litigation support may,
as needed, be transferred to or merged with the Bureau of
Indian Affairs ``Operation of Indian Programs'' and Bureau of
Indian Education, ``Operation of Indian Education Programs''
account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary,
``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2020, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision
of law, the Secretary shall not be required to provide a
quarterly statement of performance for any Indian trust
account that has not had activity for at least 15 months and
has a balance of $15 or less: Provided further, That the
Secretary shall issue an annual account statement and
maintain a record of any such accounts and shall permit the
balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further,
That not to exceed $50,000 is available for the Secretary to
make payments to correct administrative errors of either
disbursements from or deposits to Individual Indian Money or
Tribal accounts after September 30, 2002: Provided further,
That erroneous payments that are recovered shall be credited
to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less
than $500 unless the Office of the Special Trustee receives
proof of ownership from a Special Deposit Accounts claimant:
Provided further, That notwithstanding section 102 of the
American Indian Trust Fund Management Reform Act of 1994
(Public Law 103-412) or any other provision of law, the
Secretary may aggregate the trust accounts of individuals
whose whereabouts are unknown for a continuous period of at
least five years and shall not be required to generate
periodic statements of performance for the individual
accounts: Provided further, That with respect to the ninth
proviso, the Secretary shall continue to maintain sufficient
records to determine the balance of the individual accounts,
including any accrued interest and income, and such funds
shall remain available to the individual account holders.
Of the unobligated balances from amounts made available for
the Office of the Special Trustee for American Indians,
$3,000,000 is permanently rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $952,338,000,
to remain available until expended, of which not to exceed
$18,427,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation
accounts from which funds were previously transferred for
such purposes: Provided further, That of the funds provided
$194,000,000 is for fuels management activities: Provided
further, That of the funds provided $20,470,000 is for burned
area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between
the Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties:
Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes
of fuels management activities, may obtain maximum
practicable competition among: (1) local private, nonprofit,
or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to
field units to ensure accountability and consistent
application of the authorities provided herein: Provided
further, That funds appropriated under this heading may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in
connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into leases of real
property with local governments, at or below fair market
value, to construct capitalized improvements for
[[Page H4834]]
fire facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make
advance payments for any such lease or for construction
activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $50,000,000, between the Departments when such
transfers would facilitate and expedite wildland fire
management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available
for support of Federal emergency response actions: Provided
further, That funds appropriated under this heading shall be
available for assistance to or through the Department of
State in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be
available to support forestry, wildland fire management, and
related natural resource activities outside the United States
and its territories and possessions, including technical
assistance, education and training, and cooperation with
United States and international organizations. Provided
further, That of the funds provided under this heading,
$383,657,000 is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
In addition to the amounts provided under this heading for
wildfire suppression operations, $300,000,000, to remain
available until expended, is additional new budget authority
as specified for purposes of section 251(b)(2)(F) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided, That the Secretary of the Interior may
transfer such amounts to the Department of Agriculture for
wildfire suppression operations.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), $13,010,000, to
remain available until expended, of which $3,000,000,
notwithstanding any other provision of law, shall be for
analysis and initiation of radium decontamination and
remediation at any land-grant university that may have been
subject to such contamination as a result of actions of the
former United States Bureau of Mines.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
54 U.S.C. 100721 et seq., $7,767,000, to remain available
until expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $69,284,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That the Secretary may assess reasonable charges to
State, local and tribal government employees for training
services provided by the National Indian Program Training
Center, other than training related to Public Law 93-638:
Provided further, That the Secretary may lease or otherwise
provide space and related facilities, equipment or
professional services of the National Indian Program Training
Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of
title 40, United States Code) at the prevailing rate for
similar space, facilities, equipment, or services in the
vicinity of the National Indian Program Training Center:
Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall
be available until expended, and shall be used by the
Secretary for necessary expenses of the National Indian
Program Training Center: Provided further, That the
Secretary may enter into grants and cooperative agreements to
support the Office of Natural Resource Revenue's collection
and disbursement of royalties, fees, and other mineral
revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement
aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $147,330,000, to remain available until
September 30, 2021; of which $50,651,000 shall remain
available until expended for the purpose of mineral revenue
management activities: Provided, That notwithstanding any
other provision of law, $15,000 shall be available for
refunds of overpayments in connection with certain Indian
leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for emergency actions related to
potential or actual earthquakes, floods, volcanoes, storms,
or other unavoidable causes; for contingency planning
subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil
spills or releases of hazardous substances into the
environment; for the prevention, suppression, and control of
actual or potential grasshopper and Mormon cricket outbreaks
on lands under the jurisdiction of the Secretary, pursuant to
the authority in section 417(b) of Public Law 106-224 (7
U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary
to permit assumption of regulatory authority in the event a
primacy State is not carrying out the regulatory provisions
of the Surface Mining Act: Provided, That appropriations
made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the
preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire
operations, with such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental
appropriation, which must be requested as promptly as
possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code,
when authorized by the Secretary, in total amount not to
exceed $500,000; purchase and replacement of motor vehicles,
including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose. The
Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer
of any funds under this section, including the amount
expended or transferred and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2020. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
[[Page H4835]]
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2020, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2020 shall be:
(1) $11,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $18,500 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $34,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2020. Fees for fiscal
year 2020 shall be:
(1) $33,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $18,500 per inspection for rigs operating in water
depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via
non-rig units as outlined in title 30 CFR 250 subparts D, E,
F, and Q shall be assessed for all inspections completed in
fiscal year 2020. Fees for fiscal year 2020 shall be:
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under
subsection (b) quarterly, with payment required within 30
days of billing. The Secretary shall bill designated
operators under subsections (c) and (d) within 30 days of the
end of the month in which the inspection occurred, with
payment required within 30 days of billing.
disclosure of waivers
Sec. 108. (a) Subject to subsection (b), in any case in
which the Bureau of Safety and Environmental Enforcement or
the Bureau of Ocean Energy Management issues any waiver,
departure, deviation, variance, or any other alternative
compliance authorization from any law, rule, regulation, or
other directive, the head of such bureau shall post a copy of
such waiver, departure, deviation, variance, or other
alternative compliance authorization on such bureau's
publically available website not more than 3 business days
after such issuance.
(b) The head of each bureau may redact confidential
business information.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 3903 of title
41, United States Code (except that the 5-year term
restriction in subsection (a) shall not apply), for the long-
term care and maintenance of excess wild free roaming horses
and burros by such organizations or entities on private land.
Such cooperative agreements and contracts may not exceed 10
years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
contracts and agreements with indian affairs
Sec. 111. Notwithstanding any other provision of law,
during fiscal year 2020, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such
entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
humane transfer of excess animals
Sec. 112. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or
burros that have been removed from the public lands to other
Federal, State, and local government agencies for use as work
animals: Provided, That the Secretary may make any such
transfer immediately upon request of such Federal, State, or
local government agency: Provided further, That any excess
animal transferred under this provision shall lose its status
as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That
any Federal, State, or local government agency receiving
excess wild horses or burros as authorized in this section
shall not: destroy the horses or burros in a way that results
in their destruction into commercial products; sell or
otherwise transfer the horses or burros in a way that results
in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the
recommendation of a licensed veterinarian, in cases of severe
injury, illness, or advanced age.
department of the interior experienced services program
Sec. 113. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under
title V of the Older Americans Act of 1965 to utilize the
talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and
consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under
subsection (a), the Secretary shall ensure that the agreement
would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code, is
amended by striking ``fiscal year 2019'' and inserting
``fiscal year 2020''.
republic of the marshall islands
Sec. 115. As authorized in section 111(d) of the Compact
of Free Association Act of 1985 (Public Law 99-239; 99 Stat.
1799; 48 U.S.C. 1911) and section 108(b) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188;
117 Stat. 2755; 48 U.S.C. 1921g), $5,000,000 is hereby
appropriated to the Secretary of the Interior, to remain
available until expended by the Secretary, for the Republic
of the Marshall Islands to deposit in the Compact Trust Fund
of the Republic of the Marshall Islands as compensation for
adverse financial and economic impacts resulting from the
effect of title IV of the Compact of Free Association Act of
1985 (Public Law 99-239; 99 Stat. 1799; 48 U.S.C. 1911) upon
title II of the Compact.
obligation of funds
Sec. 116. Amounts appropriated by this Act to the
Department of the Interior shall be available for obligation
and expenditure not later than 60 days after the date of
enactment of this Act.
restriction on use of funds
Sec. 117. Before the final 2019-2024 Outer Continental
Shelf Oil and Gas Leasing Program, or any plan that is dated
later than 2017-2022, is published in the Federal Register,
none of the funds made available to the Department of
Interior by this or any other Act may be used to conduct
offshore oil and gas pre-leasing, leasing and related
activities for any lease sale proposed in the Draft Proposed
Program described in the ``Notice of Availability of the
2019-2024 Draft Proposed Outer Continental Shelf Oil and Gas
Leasing Program and Notice of Intent to Prepare a
Programmatic Environmental Impact Statement'' published in
the Federal Register on January 8, 2018 (83 Fed. Reg. 829),
unless such sale was also contained in the 2017-2022 Outer
Continental Shelf Oil and Gas Proposed Final Program
described in the ``Notice of Availability of the 2017-2022
Outer Continental Shelf Oil and Gas Leasing Proposed Final
Program'' published in the Federal Register on November 23,
2016 (81 Fed. Reg. 84612).
funding restriction
Sec. 118. None of the funds made available to the
Department of the Interior by this or any other Act may be
used to conduct a lease sale pursuant to section 20001(c)(1)
of Public Law 115-97 which does not contain a national
minimum acceptable bid amount sufficient to produce Federal
receipts to the Treasury, net of any state share, of no less
than 50 percent of the amount required by section 2001(b) of
H. Con. Res. 71, the concurrent resolution on the budget for
fiscal year 2018, as agreed to on October 26, 2017.
extension of authorities
Sec. 119. (a) Section 512 of Title V of Division J of P.L.
108-447 is amended by striking ``on the date that is 15 years
after the date that funds are first made available for this
title.'' and inserting ``after September 30, 2022.''
(b) Section 608 of Title VI of Division J of P.L. 108-447
is amended by striking ``the expiration of the 15-year period
beginning on the date that funds are first made available for
this title.'' and inserting ``September 30, 2022.''
(c) Section 109 of Title I of Public Law 103-449, as
amended by Public Law 111-11, title VIII section 8201(c), is
further amended by striking ``$15,000,000'' and inserting
``$17,000,000''.
(d) Section 608(a) of Division II of Public Law 104-333, as
amended by Public Law 110-229 section 461, is further amended
by striking ``$15,000,000'' and inserting ``$17,000,000''.
(e) Section 810(a)(1) of Title VIII of Division B of
Appendix D of Public Law 106-554, as amended by Public Law
115-31, Division G, Title I section 115(b), is further
amended by striking ``$12,000,000'' and inserting
``$14,000,000''.
[[Page H4836]]
separation of accounts
Sec. 120. The Secretary of the Interior, in order to
implement an orderly transition to separate accounts of the
Bureau of Indian Affairs and the Bureau of Indian Education,
may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in
conformance with the reprogramming guidelines described in
this Act.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; and other
operating expenses in support of research and development,
$727,633,000, to remain available until September 30, 2021:
Provided, That of the funds included under this heading,
$6,000,000 shall be for Research: National Priorities as
specified in the report accompanying this Act.
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; implementation of a coal
combustion residual permit program under section 2301 of the
Water and Waste Act of 2016; and not to exceed $9,000 for
official reception and representation expenses,
$2,707,704,000, to remain available until September 30, 2021:
Provided, That of the funds included under this heading,
$17,700,000 shall be for Environmental Protection: National
Priorities as specified in the report accompanying this Act.
Provided further, That of the funds included under this
heading, $501,958,000 shall be for Geographic Programs
specified in the report accompanying this Act.
In addition, $5,000,000 to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year
2020 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available
until expended: Provided further, That the sum herein
appropriated in this paragraph from the general fund for
fiscal year 2020 shall be reduced by the amount of
discretionary offsetting receipts received during fiscal year
2020, so as to result in a final fiscal year 2020
appropriation from the general fund estimated at not more
than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $5,000,000, those amount
in excess of $5,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2020, shall be retained and used for necessary
salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the
funds included in the first paragraph under this heading, the
Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any
fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the
Solid Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by
such section, $8,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2020, which
shall remain available until expended and be used for
necessary expenses in this appropriation, so as to result in
a final fiscal year 2020 appropriation from the general fund
estimated at not more than $0: Provided further, That to the
extent such offsetting collections received in fiscal year
2020 exceed $8,000,000, those excess amounts shall remain
available until expended and be used for necessary expenses
in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $48,514,000, to remain available until September 30,
2021.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$39,553,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611), and hire, maintenance, and
operation of aircraft, $1,214,648,000, to remain available
until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2019, as authorized by
section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,214,648,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with
section 111(a) of CERCLA: Provided further, That of the
funds appropriated under this heading, $9,586,000 shall be
paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2021, and $30,496,000
shall be paid to the ``Science and Technology'' appropriation
to remain available until September 30, 2021.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, $94,410,000, to remain
available until expended, of which $69,041,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That
the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage
tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, including hire, maintenance, and operation of
aircraft, $23,237,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,620,992,000, to remain
available until expended, of which--
(1) $1,784,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title
VI of the Federal Water Pollution Control Act; and of which
$1,300,000,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal
year 2020, to the extent there are sufficient eligible
project applications and projects are consistent with State
Intended Use Plans, not less than 10 percent of the funds
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants shall be used by
the State for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal
year 2020, funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants may, at the discretion of each State, be used for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2020 and prior years
where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable
by the Administrator, accounted for separately from other
assets in the fund, and used for eligible purposes of the
fund, including administration: Provided further, That for
fiscal year 2020, notwithstanding the provisions of
subsections (g)(1), (h), and (l) of section 201 of the
Federal Water Pollution Control Act, grants made under title
II of such Act for American Samoa, Guam, the commonwealth of
the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments: Provided
further, That for fiscal year 2020, notwithstanding the
provisions of such subsections (g)(1), (h), and (l) of
section 201 and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2020, notwithstanding
any provision of the Federal Water Pollution Control Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year
[[Page H4837]]
2020, funds reserved under section 518(c) of such Act shall
be available for grants only to Indian tribes, as defined in
section 518(h) of such Act and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and
Native Villages as defined in Public Law 92-203: Provided
further, That for fiscal year 2020, notwithstanding the
limitation on amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of the
funds appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i)
of the Safe Drinking Water Act, up to a total of 2 percent of
the funds appropriated, or $20,000,000, whichever is greater,
for State Revolving Funds under such Acts may be reserved by
the Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2020, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2020,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water
State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State
Revolving Fund capitalization grants and 14 percent of the
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible
recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act, or
where such debt was incurred prior to the date of enactment
of this Act if the State, with concurrence from the
Administrator, determines that such funds could be used to
help address a threat to public health from heightened
exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 14 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to
eligible recipients;
(2) $30,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
(4) $105,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided further,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates;
(5) $55,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $30,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the report
accompanying this Act;
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322);
(8) $25,000,000 shall be for grants and other activities
under subsections (a) through (j) of section 1459A of the
Safe Drinking Water Act (42 U.S.C. 300j-19a));
(9) $25,000,000 shall be for grants and other activities
under section 1464(d) of the Safe Drinking Water Act (42
U.S.C. 300j-24(d));
(10) $20,000,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b));
(11) $4,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(12) $13,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act (33
U.S.C. 1254(b)(8));
(13) $90,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $1,000,000 shall be for grants under section 4304(b)
of America's Water Infrastructure Act of 2018 (Public Law
115-270); and
(15) $1,114,992,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying
out section 128 of CERCLA; $9,646,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,498,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available for
grants under section 106 of the Federal Water Pollution
Control Act shall be for State participation in national- and
State-level statistical surveys of water resources and
enhancements to State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $45,000,000, to remain available
until expended: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans,
including capitalized interest, and total loan principal,
including capitalized interest, any part of which is to be
guaranteed, not to exceed $5,490,000,000.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this
account, to remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act
of 2014, $5,000,000, to remain available until September 30,
2021.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 116-8, the Pesticide Registration Improvement
Extension Act of 2018.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2020.
The Administrator is authorized to transfer up to
$320,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these
[[Page H4838]]
activities; and to make grants to governmental entities,
nonprofit organizations, institutions, and individuals for
planning, research, monitoring, outreach, and implementation
in furtherance of the Great Lakes Restoration Initiative and
the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000
per project.
For fiscal year 2020, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2020 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $4,000,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
The fourth paragraph under heading ``Administrative
Provisions'' in title II of Public Law 109-54 is amended by
striking ``2020'' and inserting ``2025''.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries
and expenses are available to fund up to one administrative
support staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $921,849,000 to remain available through
September 30, 2021, for (1) the base salary and expenses of
permanent employees carrying out administrative and general
management support functions of the Forest Service; (2) the
costs of leases for buildings and sites where such support
functions take place; (3) the costs of utility and
telecommunication expenses, business services, and
information technology, including cybersecurity requirements;
and (4) such other administrative support function expenses
necessary for the operation of the Forest Service: Provided,
That not to exceed $565,713,000 shall be available for the
base salaries and expenses described in paragraph (1):
Provided further, That any unobligated balances available to
the Forest Service from prior fiscal years for the purposes
described under this heading shall be transferred to and
merged with this account: Provided further, That any funding
for the purposes described under this heading that are
authorized to be paid by permanent funds or trust funds of
the Forest Service shall be transferred to and merged with
this account: Provided further, That none of the funds
provided to the Forest Service under this Act (other than
under this heading) may be used to fund indirect expenses
that before the date of the enactment of this Act were
provided for through discretionary cost pools.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $277,155,000, to remain available through
September 30, 2023: Provided, That of the funds provided,
$73,174,000 is for the forest inventory and analysis program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
and conducting an international program as authorized,
$382,894,000, to remain available through September 30, 2023,
as authorized by law; of which $75,000,000 is to be derived
from the Land and Water Conservation Fund to be used for the
Forest Legacy Program, to remain available until expended.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands,
$1,599,308,000, to remain available through September 30,
2023: Provided, That of the funds provided, $35,526,000
shall be deposited in the Collaborative Forest Landscape
Restoration Fund for ecological restoration treatments as
authorized by 16 U.S.C. 7303(f): Provided further, That of
the funds provided, $276,603,000 shall be for forest
products: Provided further, That of the funds provided,
$390,169,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to
make grants, using any authorities available to the Forest
Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands:
Provided further, That $20,000,000 may be used by the
Secretary of Agriculture to enter into procurement contracts
or cooperative agreements or to issue grants for hazardous
fuels management activities, and for training or monitoring
associated with such hazardous fuels management activities on
Federal land, or on non-Federal land if the Secretary
determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forestry Restoration Act, Public Law 106-393, title
VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest
Service under the ``State and Private Forestry''
appropriations: Provided further, That notwithstanding
section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C.
1012), the Secretary of Agriculture, in calculating a fee for
grazing on a National Grassland, may provide a credit of up
to 50 percent of the calculated fee to a Grazing Association
or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost
of the conservation practice is incurred. And, that the
amount credited shall remain available to the Grazing
Association or the direct permittee, as appropriate, in the
fiscal year in which the credit is made and each fiscal year
thereafter for use on the project for conservation practices
approved by the Secretary.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $419,103,000, to remain available through
September 30, 2023, for construction, capital improvement,
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That funds becoming available
in fiscal year 2020 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury
and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated.
land acquisition
For expenses necessary to carry out the provisions of
chapter 2003 of title 54, United States Code, including
administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $90,000,000, to
be derived from the Land and Water Conservation Fund and to
remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $700,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to
remain available through September 30, 2022, (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, to remain
available through September 30, 2023, of which not to exceed
6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2023, to be derived
from the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $2,500,000, to remain available through
September 30, 2023.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or
other lands under fire protection agreement, and for
emergency rehabilitation of burned-over National Forest
System lands and water,
[[Page H4839]]
$2,009,545,000, to remain available through September 30,
2023: Provided, That such funds including unobligated
balances under this heading, are available for repayment of
advances from other appropriations accounts previously
transferred for such purposes: Provided further, That any
unobligated funds appropriated in a previous fiscal year for
hazardous fuels management may be transferred to the
``National Forest System'' account: Provided further, That
such funds shall be available to reimburse State and other
cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire
emergencies are fully repaid by the responsible emergency
management agency: Provided further, That funds provided
shall be available for support to Federal emergency response:
Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That of the funds
provided under this heading, $1,011,000,000 shall be
available for wildfire suppression operations, and is
provided to meet the terms of section 251(b)(2)(F)(ii)(I) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
In addition to the amounts provided under this heading for
wildfire suppression operations, $1,950,000,000, to remain
available until expended, is additional new budget authority
as specified for purposes of section 251(b)(2)(F) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That the Secretary of Agriculture may transfer such
amounts to the Department of Interior for wildfire
suppression operations.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft to
maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
Not more than $50,000,000 of funds appropriated to the
Forest Service shall be available for expenditure or transfer
to the Department of the Interior for wildland fire
management, hazardous fuels management, and State fire
assistance when such transfers would facilitate and expedite
wildland fire management programs and projects.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting
for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical
assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-171 (7 U.S.C.
8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center and the Department of
Agriculture's International Technology Service.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within
the scope of the approved budget, which shall be carried out
by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993 (16
U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be
available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match
funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose
of performing fire, administrative, and other facilities
maintenance and decommissioning.
Funds appropriated to the Forest Service shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Forest Service or its
contractors or for the sale of wild horses and burros that
results in their destruction for processing into commercial
products.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest
Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums
requested for transfer.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through
the Office of Budget and Program Analysis, the Forest Service
shall report no later than 30 business days following the
close of each fiscal quarter all current and prior year
unobligated balances, by fiscal year, budget line item and
account, to the House and Senate Committees on
Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $4,556,870,000, to
remain available until September 30, 2021, except as
otherwise provided herein, together with payments received
during the fiscal year pursuant to sections 231(b) and 233 of
the Public Health Service Act (42 U.S.C. 238(b) and 238b),
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That $2,000,000 shall be
available for grants or contracts with public or private
institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided
further, That $969,479,000 for Purchased/Referred Care,
including $53,000,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended:
Provided further, That of the funds provided, up to
$50,000,000 shall remain available until expended for
implementation of the loan repayment program under section
108 of the Indian
[[Page H4840]]
Health Care Improvement Act: Provided further, That of the
funds provided, $53,000,000 shall remain available until
expended to supplement funds available for operational costs
at tribal clinics operated under an Indian Self-Determination
and Education Assistance Act compact or contract where health
care is delivered in space acquired through a full service
lease, which is not eligible for maintenance and improvement
and equipment funds from the Indian Health Service, and
$58,000,000 shall be for costs related to or resulting from
accreditation emergencies, including supplementing activities
funded under the heading ``Indian Health Facilities,'' of
which up to $4,000,000 may be used to supplement amounts
otherwise available for Purchased/Referred Care: Provided
further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health
Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be
deposited to the Fund authorized by section 108A of that Act
(25 U.S.C. 1616a-1) and shall remain available until expended
and, notwithstanding section 108A(c) of that Act (25 U.S.C.
1616a-1(c)), funds shall be available to make new awards
under the loan repayment and scholarship programs under
sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a):
Provided further, That the amounts made available within
this account for the Substance Abuse and Suicide Prevention
Program, for Opioid Prevention, Treatment and Recovery
Services, for the Domestic Violence Prevention Program, for
the Zero Suicide Initiative, for the housing subsidy
authority for civilian employees, for Aftercare Pilot
Programs at Youth Regional Treatment Centers, for
transformation and modernization costs of the Indian Health
Service Electronic Health Record system, for national quality
and oversight activities, for initiatives to treat or reduce
the transmission of Hepatitis-C and HIV-AIDS or both in high
priority areas, to improve collections from public and
private insurance at Indian Health Service and tribally
operated facilities, and for accreditation emergencies shall
be allocated at the discretion of the Director of the Indian
Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used
for annual contracts and grants that fall within 2 fiscal
years, provided the total obligation is recorded in the year
the funds are appropriated: Provided further, That the
amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health
Care Improvement Act (25 U.S.C. 1613) shall remain available
until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act, except for those related
to the planning, design, or construction of new facilities:
Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That the Bureau of Indian
Affairs may collect from the Indian Health Service, and from
tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable
health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under
the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.): Provided further, That of the funds provided,
$72,280,000 is for the Indian Health Care Improvement Fund
and may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account; Provided
further, That none of the funds appropriated by this Act to
the Indian Health Service for the Electronic Health Record
system shall be available for obligation or expenditure for
the selection or implementation of a new Information
Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate
are consulted 90 days in advance of such obligation.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Indian Health Service for fiscal year 2020, such sums as
may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement,
demolition, and equipment of health and related auxiliary
facilities, including quarters for personnel; preparation of
plans, specifications, and drawings; acquisition of sites,
purchase and erection of modular buildings, and purchases of
trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care
Improvement Act, and for expenses necessary to carry out such
Acts and titles II and III of the Public Health Service Act
with respect to environmental health and facilities support
activities of the Indian Health Service, $964,121,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further,
That not to exceed $500,000 may be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and
for expenses of attendance at meetings that relate to the
functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall
be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638: Provided further, That
funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided
further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the
funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for
the health care services of the Indian Health Service until
the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed
final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further,
That with respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in
advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
from which the funds were originally derived, with such
amounts to remain available until expended: Provided
further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative,
and overhead costs associated with the provision of goods,
services, or technical assistance: Provided further, That
the Indian Health Service may provide to civilian medical
personnel serving in hospitals operated by the Indian Health
Service housing allowances equivalent to those that would be
provided to members of the Commissioned Corps of the United
States Public Health Service serving in similar positions at
such hospitals: Provided further, That the appropriation
structure for the Indian Health Service may not be altered
without advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $80,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR)
[[Page H4841]]
in carrying out activities set forth in sections 104(i) and
111(c)(4) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $79,691,000: Provided,
That notwithstanding any other provision of law, in lieu of
performing a health assessment under section 104(i)(6) of
CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
healthcare providers: Provided further, That in performing
any such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by
the deadlines in section 104(i)(6)(A) of CERCLA: Provided
further, That none of the funds appropriated under this
heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2020, and existing profiles may be updated
as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $2,994,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $12,000,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any
other provision of law, the Inspector General of the Board
shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions
within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$7,500,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home:
Provided further, That the Office shall relocate any
certified eligible relocatees who have selected and received
an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88
Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$10,850,000, which shall become available on July 1, 2020,
and shall remain available until September 30, 2021.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$852,345,000, to remain available until September 30, 2021,
except as otherwise provided herein; of which not to exceed
$6,908,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$219,000,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by
5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $147,022,000,
to remain available until September 30, 2021, of which not to
exceed $3,660,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years,
that address space needs created by the ongoing renovations
in the Master Facilities Plan, as authorized, $34,603,000, to
remain available until expended: Provided, That of this
amount, $1,000,000 shall be available for design of an off-
site art storage facility in partnership with the Smithsonian
Institution: Provided further, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $25,690,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $17,800,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $14,000,000, to remain available
until September 30, 2021.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $167,500,000
shall be available to the National Endowment for the Arts for
the support of projects and productions in the arts,
including arts education and public outreach activities,
through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $167,500,000 to
remain available until expended, of which $152,500,000 shall
be available for support of activities in the humanities,
pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $15,000,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $13,000,000 for the
[[Page H4842]]
purposes of section 7(h): Provided, That appropriations for
carrying out section 10(a)(2) shall be available for
obligation only in such amounts as may be equal to the total
amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the
National Endowment for the Humanities under the provisions of
sections 11(a)(2)(B) and 11(a)(3)(B) during the current and
preceding fiscal years for which equal amounts have not
previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds
appropriated to the National Foundation on the Arts and the
Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further,
That the Chairperson of the National Endowment for the Arts
may approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $3,282,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study, or education: Provided further,
That one-tenth of one percent of the funds provided under
this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $5,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $7,388,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109,
$8,124,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$61,388,000, of which $715,000 shall remain available until
September 30, 2022, for the Museum's equipment replacement
program; and of which $3,000,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission,
$6,000,000, to remain available until September 30, 2021:
Provided, That in addition to the authority provided by
section 6(g) of such Act, the World War I Commission may
accept money, in-kind personnel services, contractual
support, or any appropriate support from any executive branch
agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
restriction on use of funds
Sec. 401. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates
shall be presented to the Committees on Appropriations for
approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2021, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of
Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2020.
contract support costs, fiscal year 2020 limitation
Sec. 406. Amounts provided by this Act for fiscal year
2020 under the headings ``Department of Health and Human
Services, Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2020
with the Bureau of Indian Affairs, Bureau of Indian
Education, and the Indian Health Service: Provided, That
such amounts provided by this Act are not available for
payment of claims for contract support costs for prior years,
or for repayments of payments for settlements or judgments
awarding contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not
apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
[[Page H4843]]
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity.
contracting authorities
Sec. 415. Section 412 of Division E of Public Law 112-74
is amended by striking ``fiscal year 2020'' and inserting
``fiscal year 2021''.
extension of grazing permits
Sec. 416. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing
permits issued by the Forest Service on any lands not subject
to administration under section 402 of the Federal Lands
Policy and Management Act (43 U.S.C. 1752), shall remain in
effect for fiscal year 2020.
funding prohibition
Sec. 417. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
forest service facility realignment and enhancement act
Sec. 418. Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note;
Public Law 109-54) is amended by striking ``2019'' and
inserting ``2020''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system
or treatment works unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
john f. kennedy center reauthorization
Sec. 420. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b)
and inserting the following:
``(a) Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H), $25,690,000 for fiscal year 2020.
``(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $17,800,000 for fiscal year 2020.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 421. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding 121(c) of title
40, United States Code, or section 521 of title 40, United
States Code, the Secretary is further authorized to transfer
title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the
Department's wildland fire management program to such
organizations.
recreation fees
Sec. 422. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking
``September 30, 2019'' and inserting ``September 30, 2021''.
reprogramming procedures, disclosure of administrative expenses, and
operating plans
Sec. 423. (a) Definitions.--For the purposes of this
section:
(1) ``Reprogramming'' includes:
(A) The reallocation of funds from one program, project, or
activity, to another within any appropriation funded in this
Act.
(B) For construction, land acquisition, and forest legacy
accounts, the reallocation of funds, including unobligated
balances, from one construction, land acquisition, or forest
legacy project to another such project.
[[Page H4844]]
(C) An operating plan or any later modification thereof
submitted under subsection (i) of this section.
(D) Proposed reorganizations even without a change in
funding, including any change to the organization table
presented in the budget justification.
(2) ``Program'', ``project'', and ``activity'' constitute
the delineation below the appropriation account level of any
agency funded by this Act, as shown in any table of the
report accompanying this Act.
(3) ``Funds'' includes funds provided in this Act or
previous appropriations Acts that are available for
obligation in the current fiscal year and any amounts
available for obligation in the current fiscal year derived
from collections, fees or charges.
(4) ``Assessment'' is any overhead charge, deduction,
reserve or holdback, including working capital fund and cost
pool charges, from any program, project, and activity to
support government-wide, departmental, agency, or bureau
administrative functions or headquarters, regional, or
central operations or to provide for contingencies.
(b) General Guidelines for Reprogramming.--
(1) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the
project or the activity until the next appropriation year
would result in actual loss or damage.
(2) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the
regular appropriations process.
(3) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by the Congress,
or to decrease allocations specifically increased by the
Congress.
(4) New programs requested in the budget should not be
initiated before enactment of the bill without notification
to, and the approval of, the Committees on Appropriations of
the House of Representatives and the Senate (hereinafter
``the Committees''). This restriction applies to all such
actions regardless of whether a formal reprogramming of funds
is required to begin the program.
(c) Criteria.--
(1) A reprogramming shall be submitted to the Committees in
writing 30 days prior to implementation if--
(A) it exceeds $1,000,000 individually or cumulatively or
results in a cumulative increase or decrease of more than 10
percent of funds annually in any affected program, project,
or activity;
(B) it is a reorganization; or
(C) it is an operating plan or any later modification
thereof as submitted under subsection (i) of this section:
Provided, That such plan or modification thereof also meets
any of the other criteria under subsection (c)(1) of this
section.
(2) No funds shall be available for obligation or
expenditure through a reprogramming until 30 days after the
receipt by the Committees of a notice of proposed
reprogramming.
(3) A reprogramming shall be considered approved 30 days
after receipt if the Committees have posed no objection.
However, agencies shall not implement the reprogramming and
shall extend the notification period if specifically
requested by either Committee.
(d) Exceptions.--
(1) With regard to the tribal priority allocations of the
Bureau of Indian Affairs, there is no restriction on
reprogrammings among these programs. However, the Bureau
shall report on all reprogrammings made during a given fiscal
year no later than 60 days after the end of the fiscal year.
(2) With regard to the Environmental Protection Agency,
State and Tribal Assistance Grants account, the Committees do
not require reprogramming requests associated with States and
Tribal Partnership Grants.
(3) With regard to funding for Park Management
subactivities within the National Park Service Operations of
the National Park System account, reprogramming guidelines
apply at the activity level, not the more detailed level as
shown in the Committee report. The National Park Service
shall report on actual spending at the more detailed level no
later than 60 days after the end of the fiscal year and show
its impact on the succeeding year budget at the more detailed
level in the budget justification submitted to the Congress
in the subsequent fiscal year for the purpose of updating the
Committee support table.
(e) Assessments.--
(1) No assessment shall be levied or collected unless such
assessment and the basis therefor are presented to the
Committees in the budget justifications and are subsequently
approved by the Committees. The explanation for any
assessment in the budget justification shall show the amount
of the assessment, the activities assessed, and the purpose
of the funds.
(2) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications,
shall be submitted through the reprogramming process set out
in this section and shall be subject to the same dollar and
reporting criteria as any other reprogramming.
(3) Each department, agency or bureau that utilizes
assessments shall submit an annual report to the Committees
which provides details on the use of all funds assessed from
any other program, project, or activity.
(4) In no case shall contingency funds or assessments be
used to finance agency actions disapproved or limited by the
Congress.
(f) Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value (as addressed in section 301(3) of Public Law 91-646),
unless such acquisitions are submitted to the Committees for
approval in compliance with these procedures.
(g) Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees
have had a 30-day period in which to examine the proposed
exchange. In addition, the Committees shall be provided
advance notification of exchanges valued between $500,000 and
$1,000,000.
(h) Budget Structure.--The program, project, and activity
structure for any agency appropriation account shall not be
altered without advance approval of the Committees.
(i) Operating Plans.--Not later than 60 days after the date
of enactment of this Act, each department or agency funded by
this Act shall submit an operating plan to the Committees to
establish the baseline for application of reprogramming for
the current fiscal year. The operating plan shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by the Congress, enacted rescissions, if appropriate, and the
fiscal year enacted level;
(2) a delineation in the table for each appropriation by
program, project, and activity for the respective
appropriation; and
(3) an identification of items of special congressional
interest.
project information
Sec. 424. (a) Not later than April 1, 2020, and each April
1 thereafter, the Secretary of the Interior and the Secretary
of Agriculture shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
prioritized and detailed lists of federal land acquisition
projects, and Forest Legacy projects, which could be executed
within the three fiscal years beginning with the fiscal year
after the date upon which the lists are submitted.
(b) The federal land acquisition project lists required by
subsection (a) shall include projects for the National Park
Service, the U.S. Fish and Wildlife Service, the Bureau of
Land Management, and the U.S. Forest Service, including
recreational public access projects as required by 54 U.S.C.
200306, and shall total for each agency no less than 150
percent of the amount enacted for that agency for the
previous fiscal year.
Sec. 425. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
Sec. 426. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 116-100. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2020''.
DIVISION D--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2020, and
for other purposes, namely:That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for for the fiscal year ending September 30,
2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $1,132,499,000, to remain available until
September 30, 2024: Provided, That, of this amount, not to
exceed $136,099,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$2,205,771,000, to remain available until September 30, 2024:
Provided, That, of this amount, not to exceed $178,715,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and
[[Page H4845]]
real property for the Air Force as currently authorized by
law, $1,588,730,000, to remain available until September 30,
2024: Provided, That, of this amount, not to exceed
$153,148,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of the Air Force determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,025,799,000,
to remain available until September 30, 2024: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That, of the
amount, not to exceed $252,355,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$210,819,000, to remain available until September 30, 2024:
Provided, That, of the amount, not to exceed $20,469,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$115,971,000, to remain available until September 30, 2024:
Provided, That, of the amount, not to exceed $17,000,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $60,928,000, to remain
available until September 30, 2024: Provided, That, of the
amount, not to exceed $6,000,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $54,955,000, to remain available until September 30,
2024: Provided, That, of the amount, not to exceed $4,780,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $59,750,000, to remain
available until September 30, 2024: Provided, That, of the
amount, not to exceed $4,604,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $172,005,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$398,526,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$141,372,000, to remain available until September 30, 2024.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $407,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $47,661,000, to remain available until September 30,
2024.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $377,470,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$103,631,000, to remain available until September 30, 2024.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $326,216,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $57,000,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $3,045,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $500,000, to remain available until
expended, for unaccompanied housing initiatives undertaken
pursuant to section 2883 of title 10, United States Code,
providing alternative means of acquiring and improving
military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for
[[Page H4846]]
which funds have been made available in annual Acts making
appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $15,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September
30, 2024:
``Military Construction, Army'', $79,500,000;
``Military Construction, Navy and Marine Corps'',
$546,800,000;
``Military Construction, Air Force'', $230,400,000;
``Military Construction, Army National Guard'',
$155,000,000;
``Military Construction, Air National Guard'', $57,000,000;
and
``Military Construction, Air Force Reserve'', $24,800,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2020
submitted to Congress: Provided further, That such projects
are subject to authorization prior to obligation and
expenditure of funds to carry out construction: Provided
further, That not later than 30 days after enactment of this
Act, the Secretary of the military department concerned, or
his or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
(rescission of funds)
Sec. 125. Of the unobligated balances available to the
Department of Defense from prior appropriation Acts, the
following funds are hereby rescinded from the following
accounts in the amounts specified:
``Military Construction, Defense-Wide'', $45,055,000.
Sec. 126. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 127. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of
Defense--Military Construction, Navy and Marine Corps'',
``Department of Defense--Military Construction, Air Force'',
and ``Department of Defense--Military Construction, Defense-
Wide'' accounts pursuant to the authorization of
appropriations in a National Defense Authorization Act
specified for fiscal year 2020 in the funding table in
section 4601 of that Act shall be immediately available and
allotted to contract for the full scope of authorized
projects.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for
[[Page H4847]]
disability examinations as authorized by section 107 and
chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38,
United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other
officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of title
IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541
et seq.) and for other benefits as authorized by sections
107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and
61 of title 38, United States Code, $116,801,316,000, shall
become available on October 1, 2020: Provided, That not to
exceed $18,147,000 of the amount made available for fiscal
year 2021 under this heading shall be reimbursed to ``General
Operating Expenses, Veterans Benefits Administration'', and
``Information Technology Systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $12,578,965,000, to remain available
until expended and to become available on October 1, 2020:
Provided, That expenses for rehabilitation program services
and assistance which the Secretary is authorized to provide
under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and
(11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $17,620,000, to remain available until expended, which
shall be in addition to funds previously appropriated under
this heading that become available on October 1, 2019; and in
addition, $129,224,000, to remain available until expended,
which shall become available on October 1, 2020.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That,
during fiscal year 2020, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $200,377,391.
vocational rehabilitation loans program account
For the cost of direct loans, $57,729, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,008,232.
In addition, for administrative expenses necessary to carry
out the direct loan program, $401,880, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,186,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $3,025,000,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed 10 percent shall
remain available until September 30, 2021.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly
assistance allowances authorized by section 322(d) of title
38, United States Code, grants authorized by section 521A of
title 38, United States Code, and administrative expenses
necessary to carry out sections 322(d) and 521A of title 38,
United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$169,160,000, which shall be in addition to funds previously
appropriated under this heading that become available on
October 1, 2019; and, in addition, $56,158,015,000, plus
reimbursements, shall become available on October 1, 2020,
and shall remain available until September 30, 2021:
Provided, That, of the amount made available on October 1,
2020, under this heading, $1,500,000,000 shall remain
available until September 30, 2022: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall establish a priority for the provision
of medical treatment for veterans who have service-connected
disabilities, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall give priority funding
for the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written
prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs:
Provided further, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading for medical supplies and equipment are available for
the acquisition of prosthetics designed specifically for
female veterans: Provided further, That of the amount made
available on October 1, 2019, under this heading, not less
than $581,514,000 shall be for gender-specific care for women
as described in the report accompanying this Act.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $4,521,400,000, which
shall be in addition to funds previously appropriated under
this heading that become available on October 1, 2019; and,
in addition, $17,131,179,000, plus reimbursements, shall
become available on October 1, 2020, and shall remain
available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$2,000,000,000 shall remain available until September 30,
2022.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $98,800,000, which shall be in addition
to funds previously appropriated under this heading that
become available on October 1, 2019; and, in addition,
$7,914,191,000, plus reimbursements, shall become available
on October 1, 2020, and shall remain available until
September 30, 2021: Provided, That, of the amount made
available on October 1, 2020, under this heading,
$150,000,000 shall remain available until September 30, 2022.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services; $20,000,000, which
shall be in addition to funds previously appropriated under
this heading that become available on October 1, 2019; and,
in addition, $6,433,265,000, plus reimbursements, shall
become available on October 1, 2020, and shall remain
available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$250,000,000 shall remain available until September 30, 2022.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $840,000,000,
plus reimbursements, shall remain available until September
30, 2021.
[[Page H4848]]
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $329,000,000, of which not
to exceed 10 percent shall remain available until September
30, 2021.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $369,200,000, of
which not to exceed 10 percent shall remain available until
September 30, 2021: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $182,000,000, of which not to exceed 10 percent
shall remain available until September 30, 2021.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $4,343,000,000, plus reimbursements: Provided,
That $1,204,238,000 shall be for pay and associated costs, of
which not to exceed 3 percent shall remain available until
September 30, 2021: Provided further, That $2,737,482,000
shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30,
2021: Provided further, That $401,280,000 shall be for
information technology systems development, and shall remain
available until September 30, 2021: Provided further, That
amounts made available for salaries and expenses, operations
and maintenance, and information technology systems
development may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development
may be transferred among projects or to newly defined
projects: Provided further, That no project may be increased
or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval
is issued, or absent a response, a period of 30 days has
elapsed: Provided further, That the funds made available
under this heading for information technology systems
development shall be for the projects, and in the amounts,
specified under this heading in the report accompanying this
Act.
veterans electronic health record
For activities related to implementation, preparation,
development, interface, management, rollout, and maintenance
of a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, and salaries and
expenses of employees hired under titles 5 and 38, United
States Code, $1,603,000,000, to remain available until
September 30, 2022: Provided, That the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress quarterly reports detailing
obligations, expenditures, and deployment implementation by
facility: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided
further, That none of the funds made available under this
heading may be obligated in a manner inconsistent with
deployment schedules provided to the Committees on
Appropriations unless the Secretary of Veterans Affairs
provides notification to the Committees on Appropriations of
such change and an approval is issued.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $222,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2021.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$1,235,200,000, of which $1,036,600,000 shall remain
available until September 30, 2024, and of which $198,600,000
shall remain available until expended, of which $35,000,000
shall be available for seismic improvement projects and
seismic program management activities, including for projects
that would otherwise be funded by the Construction, Minor
Projects, Medical Facilities or National Cemetery
Administration accounts: Provided, That except for advance
planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset
management related activities, including portfolio
development and management activities, and investment
strategy studies funded through the advance planning fund and
the planning and design activities funded through the design
fund, including needs assessments which may or may not lead
to capital investments, and funds provided for the purchase,
security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none
of the funds made available under this heading shall be used
for any project that has not been notified to Congress
through the budgetary process or that has not been approved
by the Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to
the President at the time of enrollment: Provided further,
That such sums as may be necessary shall be available to
reimburse the ``General Administration'' account for payment
of salaries and expenses of all Office of Construction and
Facilities Management employees to support the full range of
capital infrastructure services provided, including minor
construction and leasing services: Provided further, That
funds made available under this heading for fiscal year 2020,
for each approved project shall be obligated: (1) by the
awarding of a construction documents contract by September
30, 2020; and (2) by the awarding of a construction contract
by September 30, 2021: Provided further, That the Secretary
of Veterans Affairs shall promptly submit to the Committees
on Appropriations of both Houses of Congress a written report
on any approved major construction project for which
obligations are not incurred within the time limitations
established above: Provided further, That notwithstanding the
requirements of section 8104(a) of title 38, United States
Code, amounts made available under this heading for seismic
improvement projects and seismic program management
activities shall be available for the completion of both new
and existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $421,117,000, to remain available until September 30,
2024, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $150,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2020 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year
[[Page H4849]]
2020, in this or any other Act, under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be
transferred among the accounts: Provided, That any transfers
among the ``Medical Services'', ``Medical Community Care'',
and ``Medical Support and Compliance'' accounts of 1 percent
or less of the total amount appropriated to the account in
this or any other Act may take place subject to notification
from the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress of the amount and
purpose of the transfer: Provided further, That any transfers
among the ``Medical Services'', ``Medical Community Care'',
and ``Medical Support and Compliance'' accounts in excess of
1 percent, or exceeding the cumulative 1 percent for the
fiscal year, may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval
is issued: Provided further, That any transfers to or from
the ``Medical Facilities'' account may take place only after
the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer
and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2019.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2020, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in such an insurance program during
fiscal year 2020 that are available for dividends in that
program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2020 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management,
the Office of Employment Discrimination Complaint
Adjudication, and the Office of Diversity and Inclusion for
all services provided at rates which will recover actual
costs but not to exceed $57,263,000 for the Office of
Resolution Management, $6,000,000 for the Office of
Employment Discrimination Complaint Adjudication, and
$4,628,000 for the Office of Diversity and Inclusion:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems''
accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations
which are party to the Alaska Native Health Compact with the
Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term
``rural Alaska'' shall mean those lands which are not within
the boundaries of the municipality of Anchorage or the
Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and
``National Cemetery Administration'' accounts for fiscal year
2020 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers
may not result in a more than 10 percent aggregate increase
in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided further,
That, before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2020 for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to
$314,409,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be used
for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided,
That additional funds may be transferred from accounts
designated in this section to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress: Provided
[[Page H4850]]
further, That section 220 of title II of division C of Public
Law 115-244 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2020,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $322,931,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities
as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may
be transferred from accounts designated in this section to
the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That, notwithstanding
section 1704(b)(3) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573),
amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration
Fund shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a
minimum of $15,000,000 shall be transferred to the DOD-VA
Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of
both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 224. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 225. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying Public Law 114-223:
Provided further, That the report shall also include
information on the number of appeals pending at the Veterans
Benefits Administration as well as the Board of Veterans
Appeals on a quarterly basis.
Sec. 226. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 227. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $1,000,000.
(including transfer of funds)
Sec. 228. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2020 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2020, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 229. Amounts made available for the Department of
Veterans Affairs for fiscal year 2020, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
Sec. 230. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $7,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 231. (a) The Secretary of Veterans Affairs shall
ensure that the toll-free suicide hotline under section
1720F(h) of title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at
the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
Sec. 232. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA)
hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services
at existing Veterans Health Administration medical facilities
located in Veterans Integrated Service Network 23 as part of
a planned realignment of VA services until the Secretary
provides to the Committees on Appropriations of both Houses
of Congress a report including the following elements:
(1) a national realignment strategy that includes a
detailed description of realignment plans within each
Veterans Integrated Services Network (VISN), including an
updated Long Range Capital Plan to implement realignment
requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other
outsourced services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings'
condition and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation
Act; and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in
VISN 23, or any other VISN, which have been authorized or
approved by Congress.
Sec. 233. Effective during the period beginning on October
1, 2018 and ending on January 1, 2024, none of the funds made
available to the Secretary of Veterans Affairs by this or any
other Act may be obligated or expended in contravention of
the ``Veterans Health Administration Clinical Preventive
Services Guidance Statement on the Veterans Health
Administration's Screening for Breast Cancer Guidance''
published on May 10, 2017, as issued by the Veterans Health
Administration National Center for Health Promotion and
Disease Prevention.
Sec. 234. (a) Chapter 17 of title 38, United States Code,
is amended by inserting after section 1720I the following new
section:
[[Page H4851]]
``Sec. 1720J. Provision of assisted reproductive technology
or adoption reimbursements for certain disabled veterans
``(a) Provision of Services.--Subject to the availability
of appropriations, the Secretary may provide--
``(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of
a covered veteran; or
``(2) adoption reimbursement to a covered veteran.
``(b) Limitations.--Amounts made available for the purposes
specified in subsection (a) are subject to the requirements
for funds contained in section 508 of division H of the
Consolidated Appropriations Act, 2017 (Public Law 115-31).
``(c) Definitions.--In this section:
``(1) The term `adoption reimbursement' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this section
under the same terms as apply under the adoption
reimbursement program of the Department of Defense, as
authorized in Department of Defense Instruction 1341.09,
including the reimbursement limits and requirements set forth
in such instruction, as in effect on the date of the
enactment of this section.
``(2) The term `assisted reproductive technology' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, as described in the memorandum on the subject of
`Policy for Assisted Reproductive Services for the Benefit of
Seriously or Severely Ill/Injured (Category II or III) Active
Duty Service Members' issued by the Assistant Secretary of
Defense for Health Affairs on April 3, 2012, and the guidance
issued to implement such policy, as in effect on the date of
the enactment of this section, including any limitations on
the amount of such benefits available to such a member,
except that--
``(A) the periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
``(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
``(3) The term `covered veteran' means a veteran who has a
service-connected disability that results in the inability of
the veteran to procreate without the use of fertility
treatment.''.
(b) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1720I the following new item:
``1720J. Provision of assisted reproductive technology or adoption
reimbursements for certain disabled veterans.''.
Sec. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or (2) section
8110(a)(5) of title 38, United States Code.
Sec. 236. Section 842 of Public Law 109-115 shall not
apply to conversion of an activity or function of the
Veterans Health Administration, Veterans Benefits
Administration, or National Cemetery Administration to
contractor performance by a business concern that is at least
51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or
more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
Sec. 237. (a) Except as provided in subsection (b), the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than 5 years after
the date of the enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this
Act.
(b) The Secretary of Veterans Affairs may use a Social
Security account number to identify an individual in an
information system of the Department of Veterans Affairs only
if the use of such number is required to obtain information
the Secretary requires from an information system that is not
under the jurisdiction of the Secretary.
Sec. 238. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021 for ``Medical
Services'', section 239 of Division A of Public Law 114-223
shall apply.
Sec. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund
to any other account within the Department of Veterans
Affairs.
Sec. 240. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2020 and fiscal year
2021 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members
of Congress or their staff on any topic not otherwise
prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national
defense or the conduct of foreign affairs.
Sec. 242. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021, section 258 of
Division A of Public Law 114-223 shall apply.
Sec. 243. For an additional amount for the Department of
Veterans Affairs, $1,000,000,000 to remain available until
expended, for infrastructure improvements, including new
construction, and in addition to amounts otherwise made
available in this Act for such purpose, of which:
(1) $850,000,000 shall be available for seismic improvement
projects and seismic program management activities, including
projects that would otherwise be funded by the Construction,
Major Projects, the Construction, Minor Projects, Medical
Facilities, or National Cemetery Administration accounts;
(2) $150,000,000 shall be for ``Departmental
Administration--Construction, Minor Projects'':
Provided, That the additional amounts appropriated under
this section for the purpose of minor construction may be
used to carry out critical life-safety projects identified in
the Department's annual facility condition assessments;
sustainment projects; modernization projects; infrastructure
repair; renovations at existing Veterans Health
Administration medical centers and outpatient clinics; and
projects included in the Strategic Capital Investment Process
plan: Provided further, That notwithstanding the requirements
of section 8104(a) of title 38, United States Code, amounts
made available under this heading for seismic improvement
projects and seismic program management activities shall be
available for the completion of both new and existing
projects of the Department: Provided further, That the
additional amounts appropriated under this section may not be
obligated or expended until the Secretary of Veterans Affairs
submits to the Committees on Appropriations of both Houses of
Congress, and such Committees approve, a detailed expenditure
plan, including project descriptions and costs, for any minor
construction, major construction, or seismic improvement
project being funded with the additional amounts made
available in this administrative provision.
Sec. 244. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records,
documents, or other materials available to the department or
agency of the United States Government over which such
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.), or to prevent or impede
the access of such Inspector General to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to such
Inspector General and expressly limits the right of access of
such Inspector General.
(b) A department or agency covered by this section shall
provide its Inspector General access to all records,
documents, and other materials in a timely manner.
(c) Each Inspector General covered by this section shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or
agency over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives within 5 calendar days of any failure by any
department or agency covered by this section to comply with
this section.
Sec. 245. None of the funds made available in this Act may
be used in a manner that would increase wait times for
veterans who seek care at medical facilities of the
Department of Veterans Affairs.
Sec. 246. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration
may be used in fiscal year 2020 to convert any program which
received specific purpose funds in fiscal year 2019 to a
general purpose funded program unless the Secretary of
Veterans Affairs submits written notification of any such
proposal to the Committees on Appropriations of both Houses
of Congress at least thirty days prior to any such action and
an approval is issued by the Committees.
Sec. 247. (a) Except as provided by subsection (b), none of
the funds made available by this Act may be used by the
Secretary of Veterans Affairs to purchase, breed, transport,
house, feed, maintain, dispose of, or experiment on, dogs as
part of the conduct of any study including an assignment of
pain category D or E, as defined by the Pain and Distress
Categories of the Department of Agriculture (or such
successor categories developed pursuant to section 13 of the
Animal Welfare Act (7 U.S.C. 2143)).
(b) Subsection (a) shall not apply to training programs or
studies of service dogs described in section 1714 of title
38, United States Code, or section 17.148 of title 38, Code
of Federal Regulations.
Sec. 248. None of the funds made available by this Act may
be used by the Secretary of Veterans Affairs to close the
community based outpatient clinic located in Bainbridge, New
York, until the Secretary of Veterans Affairs submits to the
Committees on Appropriations of the House of Representatives
and the Senate a market area assessment.
Sec. 249. (a) Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once
every five-year period thereafter, the Secretary of Veterans
Affairs
[[Page H4852]]
shall update the handbook of the Department of Veterans
Affairs titled ``Planning and Activating Community Based
Outpatient Clinics'', or a successor handbook, to reflect
current policies, best practices, and clarify the roles and
responsibilities of the personnel of the Department involved
in the leasing projects of the Department.
(b) The Secretary shall ensure that the handbook specified
in subsection (a) defines ``community based outpatient
clinic'' in the same manner as such term is defined in the
Veterans Health Administration Site Tracking database
(commonly known as ``VAST'') as of the date of the enactment
of this Act.
(c) The Secretary shall ensure that the Veterans Health
Administration incorporates the best practices contained in
the handbook specified in subsection (a) in conducting
oversight of the medical centers of the Department of
Veterans Affairs and the Veterans Integrated Service Network.
(d) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall provide guidance and
training to employees of the Veterans Health Administration
for the use of the handbook specified in subsection (a). The
Secretary shall update such guidance and training together
with each update of such handbook.
(rescission of funds)
Sec. 250. Of the funds made available for fiscal year 2019
under the heading ``Department of Veterans Affairs--
Departmental Administration--Veterans Electronic Health
Record'' in title II of division C of the Energy and Water,
Legislative Branch, and Military Construction and Veterans
Affairs Appropriations Act, 2019 (Public Law 115-244),
$70,000,000 is hereby rescinded.
Sec. 251. Section 252 of the Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2018 (division J of Public Law 115-141; 132 Stat. 825; 38
U.S.C. 1701 note) is amended by striking ``The Secretary may
carry out a 2-year pilot program'' and inserting ``During the
period preceding October 1, 2022, the Secretary of Veterans
Affairs may carry out a 2-year pilot program''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$15,000 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$104,000,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$35,400,000: Provided, That $2,698,997 shall be available for
the purpose of providing financial assistance as described
and in accordance with the process and reporting procedures
set forth under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $2,000 for official
reception and representation expenses, $80,800,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2022. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and
construction at Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, $131,000,000, to remain
available until expended, for planning and design and
construction associated with the Southern Expansion project
at Arlington National Cemetery.
armed forces retirement home trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$70,300,000, of which $5,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi: Provided, That of the amounts made
available under this heading from funds available in the
Armed Forces Retirement Home Trust Fund, $22,000,000 shall be
paid from the general fund of the Treasury to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $156,860,000, to remain available until September 30,
2024, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $281,576,000, to remain available until
September 30, 2024, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $436,564,000, to remain available until September 30,
2024, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $46,000,000, to remain available until
September 30, 2024, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Administrative Provision
Sec. 401. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress.
TITLE V
NATURAL DISASTER RELIEF
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $1,210,948,000: Provided, That such
amounts may be obligated and expended to carry out planning
and design and military construction projects authorized by
law: Provided further, That such amounts are designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $1,035,752,000: Provided, That such amounts may be
obligated and expended to carry out planning and design and
military construction projects authorized by law: Provided
further, That such amounts are designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'', $50,000,000: Provided, That such amounts
may be obligated and expended to carry out planning and
design and military construction projects authorized by law:
Provided further, That such amounts are designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Military Construction, Army Reserve
For an additional amount for ``Military Construction, Army
Reserve'', $3,300,000: Provided, That such amounts may be
obligated and expended to carry out planning and design and
military construction projects authorized by law: Provided
further, That such amounts are designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Administrative Provision
Sec. 501. Each amount designated in this title as being
for an emergency requirement as pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available only if the President
subsequently so designates all such amounts and
[[Page H4853]]
transmits such amounts and transmits such designations to the
Congress: Provided, That none of the funds shall be available
for obligation until the Committees on Appropriations of the
House of Representatives and the Senate receive a master plan
for the installations and a form 1391 for each specific
project: Provided further, That not later than 60 days after
enactment of this Act, the Service Secretaries or their
designee, shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a detailed
expenditure plan for funds provided under this heading.
TITLE VI
GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 602. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 603. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 604. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 605. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 606. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 607. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 608. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 609. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 610. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 611. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 612. Notwithstanding any other provision of law, none
of the funds appropriated in this or any other Act for a
military construction project, as defined by section 2801 of
title 10, United States Code, for any of fiscal years 2015
through 2019 or for fiscal year 2020 may be obligated,
expended, or used to design, construct, or carry out a
project to construct a wall, barrier, fence, or road along
the Southern border of the United States or a road to provide
access to a wall, barrier, or fence constructed along the
Southern border of the United States.
additional requirements for child care providers
Sec. 613. (a) Subject to subsection (b), none of the funds
appropriated by this bill may be provided to a child care
center, child care agency, or child care provider that
employs an individual who has been convicted of--
(1) A sex offense;
(2) An offense involving a child victim; or
(3) A violent crime involving any of the following:
(A) Elder abuse.
(B) Gun Violence.
(C) Domestic Violence.
(D) Terrorism.
(b) Payment may be made under this section to a child care
center, child care agency, or child care provider if such
child care center, child care agency, or child care provider
has suspended the individual described in subsection (a) from
having any contact with children while on the job until the
case is resolved.
Sec. 614. None of the funds made available by this Act may
be used to replace or diminish the quality of care provided
by the TRICARE program (as defined in Section 1072 of Title
10 of the United States Code).
Sec. 615. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
Sec. 616. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 116-63. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
This Act may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2020''.
DIVISION E--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$113,910,000, of which not to exceed $3,065,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,000,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $20,428,000 shall be
available for the Office of the General Counsel; not to
exceed $10,331,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$14,300,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,546,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $29,244,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,142,000 shall be
available for the Office of Public Affairs; not to exceed
$1,859,000 shall be available for the Office of the Executive
Secretariat; not to exceed $12,181,000 shall be available for
the Office of Intelligence, Security, and Emergency Response;
and not to exceed $16,814,000 shall be available for the
Office of the Chief Information Officer: Provided, That the
Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to
any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such
transfers: Provided further, That notice of any change in
funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law
107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public
Affairs.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $42,948,000,
of which $21,166,000 shall remain available until September
30, 2022, and of which $15,000,000, to remain available until
expended, is for new competitive grants under section 5505 of
title 49, United States Code, for Tier I University
Transportation Centers: Provided, That such amounts are in
addition to amounts previously provided for such program:
Provided further, That section 5505(c)(4)(A) of title 49,
United States Code, shall not apply to amounts for additional
Tier I University Transportation Centers provided under this
heading: Provided further, That there may be credited to
this appropriation, to be available until expended, funds
received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law,
regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall
continue to be deemed to be a reference to the Office of the
Assistant Secretary for Research and Technology of the
Department of Transportation.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $1,000,000,000, to remain available through
September 30, 2022: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State,
local government, transit agency, port authority, or a
collaboration among such entities on a competitive basis for
projects that will have a significant local or regional
impact: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited
to, highway or bridge projects eligible under title 23,
United States Code; public transportation projects eligible
under chapter 53 of title 49, United States Code; passenger
and freight rail transportation projects; and port
infrastructure investments (including inland port
infrastructure and land ports of entry): Provided further,
That of the amount made available under this heading, the
Secretary shall use
[[Page H4854]]
$15,000,000 for the planning, preparation or design of
projects eligible for funding under this heading, with an
emphasis on transit, transit oriented development, and
multimodal projects: Provided further, That of the amount
made available under this heading, the Secretary shall use
$20,000,000 for the planning, preparation or design of
projects eligible for funding under this heading located in
areas of persistent poverty: Provided further, That the term
persistent poverty means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial census and
the most recent Small Area Income and Poverty Estimates, or
any census tract with a poverty rate of at least 20 percent
as measured by the 2013-2017 five-year data series available
from the American Community Survey of the Census Bureau:
Provided further, That grants awarded under the previous
three provisos shall not be subject to a minimum grant size:
Provided further, That the Secretary may use up to 20 percent
of the funds made available under this heading for the
purpose of paying the subsidy and administrative costs of
projects eligible for Federal credit assistance under chapter
6 of title 23, United States Code, or sections 501 through
504 of the Railroad Revitalization and Regulatory Reform Act
of 1976 (Public Law 94-210), as amended, if the Secretary
finds that such use of the funds would advance the purposes
of this paragraph: Provided further, That in distributing
funds provided under this heading, the Secretary shall take
such measures so as to ensure an equitable geographic
distribution of funds, an equitable distribution of funds
between urban and rural areas, and the investment in a
variety of transportation modes, including public transit,
passenger rail, and pedestrian improvements: Provided
further, That a grant funded under this heading shall be not
less than $5,000,000 and not greater than $50,000,000:
Provided further, That not more than 15 percent of the funds
made available under this heading may be awarded to projects
in a single State: Provided further, That the Federal share
of the costs for which an expenditure is made under this
heading shall be, at the option of the recipient, up to 80
percent: Provided further, That the Secretary shall give
priority to projects that require a contribution of Federal
funds in order to complete an overall financing package:
Provided further, That of the funds awarded under this
heading not more than 50 percent shall be for projects
located in a rural area with a population equal to or less
than 200,000: Provided further, That for projects located in
a rural area, the minimum grant size shall be $1,000,000 and
the Secretary may increase the Federal share of costs above
80 percent: Provided further, That of the funds awarded
under this heading not more than 50 percent shall be for
projects located in an urbanized area with a population of
more than 200,000: Provided further, That funds for an
urbanized area under the previous proviso may be obligated to
projects in the metropolitan area established under section
134 of title 23, United States Code, that encompasses such
urbanized area: Provided further, That the Secretary shall
consider the benefits of a project on urban and rural areas
to the fullest extent to include all relevant geographic
areas: Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That the Secretary shall conduct a
new competition to select the grants and credit assistance
awarded under this heading: Provided further, That the
Secretary may retain up to $25,000,000 of the funds provided
under this heading, and may transfer portions of those funds
to the Administrators of the Federal Highway Administration,
the Federal Transit Administration, the Federal Railroad
Administration, and the Maritime Administration to fund the
award and oversight of grants and credit assistance made
under the National Infrastructure Investments program:
Provided further, That the Secretary shall consider and award
projects based solely on the selection criteria from the
fiscal year 2017 Notice of Funding Opportunity: Provided
further, That, notwithstanding the previous proviso, the
Secretary shall not use the Federal share or an applicant's
ability to generate non-Federal revenue as a selection
criteria in awarding projects: Provided further, That the
Secretary shall issue the Notice of Funding Opportunity no
later than 60 days after enactment of this Act: Provided
further, That such Notice of Funding Opportunity shall
require application submissions 90 days after the publishing
of such Notice: Provided further, That of the applications
submitted under the previous two provisos, the Secretary
shall make grants no later than 270 days after enactment of
this Act in such amounts that the Secretary determines:
Provided further, That such sums provided for national
infrastructure investments for multimodal safety projects
under title VIII of division F of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-
6; 127 Stat. 432) shall remain available through fiscal year
2024 for the liquidation of valid obligations of active
grants awarded with this funding: Provided further, That the
preceding proviso shall be applied as if it were in effect on
September 30, 2019.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface
Transportation and Innovative Finance Bureau as authorized by
49 U.S.C. 116, $5,000,000, to remain available until
expended: Provided, That the Secretary shall notify the
House and Senate Committees on Appropriations no less than 15
days prior to exercising the transfer authority granted under
section 116(h) of title 49, United States Code.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $2,000,000, to remain
available through September 30, 2021.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, and implementation of enhanced security
controls on network devices, $15,000,000, to remain available
through September 30, 2021.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $15,879,000, to remain
available until expended: Provided, That of such amount,
$1,000,000 shall be for necessary expenses of the Interagency
Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts
transferred from other Federal agencies for expenses incurred
under this heading for IIPIC activities not related to
transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available
to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation
only to the extent that other Federal agencies provide
funding to the Department as provided for under the previous
proviso.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$424,901,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation:
Provided further, That the above limitation on operating
expenses shall not apply to non-DOT entities: Provided
further, That no funds appropriated in this Act to an agency
of the Department shall be transferred to the Working Capital
Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided
further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain
available until September 30, 2021: Provided, That
notwithstanding 49 U.S.C. 332, these funds may be used for
business opportunities related to any mode of transportation:
Provided further, That appropriations made available under
this heading shall be available for any purpose consistent
with prior year appropriations that were made available under
the heading ``Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $175,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That basic essential air
service minimum requirements shall not include the 15-
passenger capacity requirement under subsection 41732(b)(3)
of title 49, United States Code: Provided further, That none
of the funds in this Act or any other Act shall be used to
enter into a new contract with a community located less than
40 miles from the nearest small hub airport before the
Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be
distributed for the essential air service program under
subsection 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
[[Page H4855]]
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of Public
Law 109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to
be expended in advance to provide uninterrupted transit
benefits to Government employees: Provided further, That
such reserve will not exceed one month of benefits payable
and may be used only for the purpose of providing for the
continuation of transit benefits: Provided further, That the
Working Capital Fund will be fully reimbursed by each
customer agency from available funds for the actual cost of
the transit benefit.
Sec. 104. For an additional amount for ``Office of the
Secretary--Salaries and Expenses'', $2,052,000, to become
available on the date on which the Secretary announces the
selection of projects to receive awards for each of the
following competitive grants, with respect to funds made
available for fiscal year 2017 or fiscal year 2018 for such
grants:
(a) Federal-State Partnership for State of Good Repair
Grants, as authorized by section 24911 of title 49, United
States Code, and as funded under the heading ``Federal
Railroad Administration--Federal-State Partnership for State
of Good Repair Grants'' by Public Law 115-31 and as funded
under the heading ``Federal Railroad Administration--Federal-
State Partnership for State of Good Repair'' by Public Law
115-141;
(b) Consolidated Rail Infrastructure and Safety
Improvements Grants, as authorized by section 22907 of title
49, United States Code, and as funded under the heading
``Federal Railroad Administration--Consolidated Rail
Infrastructure and Safety Improvements'' by Public Law 115-
141; and
(c) Restoration and Enhancement Grants, as authorized by
section 22908 of title 49, United States Code, and as funded
under the heading ``Federal Railroad Administration--
Restoration and Enhancement Grants'' by Public Law 115-31 and
as funded under the heading ``Federal Railroad
Administration--Restoration and Enhancement'' by Public Law
115-141.
Sec. 105. (a) Of the amount made available to ``Office of
the Secretary--Research and Technology'', $1,000,000 shall be
for the Secretary of Transportation to enter into an
arrangement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study through the
Transportation Research Board on effective ways to measure
the resilience of transportation systems and services to
natural disasters, natural hazards, and other potential
disruptions.
(b) The study conducted pursuant to subsection (a) shall--
(1) identify and examine approaches used by Federal
agencies, States, metropolitan planning organizations, local
governments, and other organizations, including approaches
described in academic literature, to develop metrics for
transportation resilience, including methodologies used for
quantitative and qualitative data collection and analysis;
and
(2) provide findings and recommendations on approaches to
measuring resilience that have shown or promise success, and
strategies to overcome challenges in measuring resilience.
(c) No later than 30 days after the date of enactment of
this Act, the Secretary of Transportation shall enter into
the arrangement described in subsection (a).
(d) No later than 210 days after the date of enactment of
this Act, the National Academies of Sciences, Engineering,
and Medicine shall provide an interim report of its findings
to the Committees on Appropriations of the House of
Representatives and Senate.
(e) No later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit to the
Committees on Appropriations of the House of Representatives
and Senate the final study developed by the National
Academies of Sciences, Engineering, and Medicine.
Sec. 106. (a) Of the amount made available to ``Office of
the Secretary--Research and Technology'', $10,000,000 shall
be for the establishment of a Highly Automated Systems Safety
Center of Excellence within the Department of Transportation,
in order to have a Department of Transportation workforce
capable of reviewing, validating, and certifying the safety
of automated technologies.
(b) The Highly Automated Systems Safety Center of
Excellence shall ---
(1) serve as a single place within the Department of
Transportation for expertise in automation and human
behavior, computer science, machine learning, sensors, and
other technologies involving automated systems;
(2) support all Operating Administrations of the Department
of Transportation; and
(3) have a workforce composed of Department of
Transportation employees, including direct hires or detailees
from Operating Administrations.
(c) Employees of the Highly Automated Systems Safety Center
of Excellence shall audit, inspect, and certify highly
automated systems to ensure their safety.
(d) No later than 90 days after the date of enactment of
this Act, the Secretary shall report to the Committees on
Appropriations of the House of Representatives and the Senate
on staffing needs and the staffing plan for the Highly
Automated Systems Safety Center of Excellence.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, the lease or purchase of passenger
motor vehicles for replacement only, $10,677,758,000, to
remain available until September 30, 2021, of which
$9,833,400,000 shall be derived from the Airport and Airway
Trust Fund: Provided, That of the sums appropriated under
this heading --
(1) not less than $1,603,969,000 shall be available for
aviation safety activities;
(2) not to exceed $7,841,720,000 shall be available for air
traffic organization activities;
(3) not to exceed $24,949,000 shall be available for
commercial space transportation activities;
(4) not to exceed $816,398,000 shall be available for
finance and management activities;
(5) not to exceed $61,258,000 shall be available for
NextGen and operations planning activities;
(6) not to exceed $114,165,000 shall be available for
security and hazardous materials safety; and
(7) not to exceed $215,299,000 shall be available for staff
offices, of which $5,000,000 is for the Minority Serving
Institutions internship program, $5,000,000 is for the
aviation maintenance technician development program (as
described in section 625 of Public Law 115-254), and
$5,000,000 is for the aviation workforce development program
(as described in section 625 of Public Law 115-254):
Provided further, That not to exceed 5 percent of any
budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation by more than 5 percent: Provided further,
That any transfer in excess of 5 percent shall be treated as
a reprogramming of funds under section 405 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That not later than 60 days after the
submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an
annual update to the report submitted to Congress in December
2004 pursuant to section 221 of Public Law 108-176: Provided
further, That the amount herein appropriated shall be reduced
by $100,000 for each day after the date that is 60 days after
the submission of the budget request that such report has not
been submitted to the Congress: Provided further, That not
later than 60 days after the submission of the budget
request, the Administrator shall transmit to Congress a
companion report that describes a comprehensive strategy for
staffing, hiring, and training flight standards and aircraft
certification staff in a format similar to the one utilized
for the controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall
be reduced by $100,000 per day for each day after the date
that is 60 days after the submission of the budget request
that such report has not been submitted to Congress:
Provided further, That funds may be used to enter into a
grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $169,000,000
shall be used to fund direct operations of the current air
traffic control towers in the contract tower program,
including the contract tower cost share program, and any
airport that is currently qualified or that will qualify for
the program during the fiscal year: Provided further, That
none of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: Provided
further, That none of the funds appropriated or otherwise
made available by this Act or any other Act may be used to
eliminate the Contract Weather Observers program at any
airport: Provided further, That the opening, closing,
reorganization, or redesignation of field or regional offices
shall be subject to the requirements of section 405 of this
Act.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract
[[Page H4856]]
or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under
part A of subtitle VII of title 49, United States Code,
including initial acquisition of necessary sites by lease or
grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of
quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at
remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft
from funds available under this heading, including aircraft
for aviation regulation and certification; to be derived from
the Airport and Airway Trust Fund, $3,000,000,000, of which
$512,823,000 shall remain available until September 30, 2021,
$2,372,127,000 shall remain available until September 30,
2022, and $115,050,000 shall remain available until expended:
Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization
of national airspace systems: Provided further, That no
later than 60 days after the submission of the budget
request, the Secretary of Transportation shall transmit to
the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line
item for fiscal years 2021 through 2025, with total funding
for each year of the plan constrained to the funding targets
for those years as estimated and approved by the Office of
Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$191,100,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2022:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development: Provided further,
That funds made available under this heading shall be used in
accordance with the report accompanying this Act: Provided
further, That not to exceed 10 percent of any funding level
specified under this heading in the report accompanying this
Act may be transferred to any other funding level specified
under this heading in the report accompanying this Act:
Provided further, That no transfer may increase or decrease
any funding level by more than 10 percent: Provided further,
That any transfer in excess of 10 percent shall be treated as
a reprogramming of funds under section 405 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,350,000,000 in fiscal year 2020,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) for subgrants or paragraph (3) of that section
shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not
more than $112,600,000 shall be available for administration,
not less than $15,000,000 shall be available for the Airport
Cooperative Research Program, not less than $33,210,000 shall
be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be
available and transferred to ``Office of the Secretary,
Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in
addition to airports eligible under section 41743 of title
49, United States Code, such program may include the
participation of an airport that serves a community or
consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time
the Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for projects as authorized by subchapter 1 of chapter
471 and subchapter 1 of chapter 475 of title 49, United
States Code, $500,000,000, to remain available through
September 30, 2022: Provided, That amounts made available
under this heading shall be derived from the general fund,
and such funds shall not be subject to apportionment
formulas, special apportionment categories, or minimum
percentages under chapter 471: Provided further, That the
Secretary shall distribute funds provided under this heading
as discretionary grants to airports: Provided further, That
the amount made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-
Aid for Airports program set forth in any Act: Provided
further, That the Administrator of the Federal Aviation
Administration may retain up to 0.5 percent of the funds
provided under this heading to fund the award and oversight
by the Administrator of grants made under this heading:
Provided further, That section 47115(j) of title 49, United
States Code, shall not apply with respect to amounts made
available under this heading: Provided further, That
priority consideration shall be, without regard to airport
size, based on project justification and completeness of pre-
grant actions.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2020.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds
in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303 and any amount remaining in such account at the
close of that fiscal year may be made available to satisfy
section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Assistant Secretary for Administration of the
Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available
for salaries and expenses of more than eight political and
Presidential appointees in the Federal Aviation
Administration.
Sec. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees
are consistent with Executive Order 13642.
Sec. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119B. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119C. None of the funds provided under this Act may
be used by the Administrator of the
[[Page H4857]]
Federal Aviation Administration to withhold from
consideration and approval any new application for
participation in the Contract Tower Program, or for
reevaluation of Cost-share Program participants as long as
the Federal Aviation Administration has received an
application from the airport, and as long as the
Administrator determines such tower is eligible.
Sec. 119D. Of the funds provided under the heading
``Grants-in-aid for Airports'', up to $3,500,000 may be for
necessary expenses, including an independent verification
regime, to provide reimbursement to airport sponsors that do
not provide gateway operations and providers of general
aviation ground support services located at those airports
closed during a temporary flight restriction (TFR) for any
residence of the President that is designated or identified
to be secured by the United States Secret Service, and for
direct and incremental financial losses incurred while such
airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or
distributed to airport sponsors that do not provide gateway
operations and providers of general aviation ground support
services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of
law, or through fault or negligence, of such operators and
service providers or of third parties (including airports)
are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full
release of the United States Government for all claims for
financial losses resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $453,549,689, together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration. In addition, $3,248,000 shall be transferred
to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under titles 23 and 49, United States Code, and
the provisions of the Fixing America's Surface Transportation
(FAST) Act (Public Law 114-94) shall not exceed total
obligations of $46,365,092,000 for fiscal year 2020:
Provided, That the Secretary may collect and spend fees, as
authorized by title 23, United States Code, to cover the
costs of services of expert firms, including counsel, in the
field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and
all or a portion of the costs to the Federal Government of
servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That such amounts are in addition to
administrative expenses that are also available for such
purpose, and are not subject to any obligation limitation or
the limitation on administrative expenses under section 608
of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code,
$47,104,092,000 derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of
Transportation $1,750,000,000: Provided, That the amounts
made available under this heading shall be derived from the
general fund, shall be in addition to any funds provided for
fiscal year 2020 in this or any other Act for ``Federal-aid
Highways'' under chapter 1 of title 23, United States Code,
and shall not affect the distribution or amount of funds
provided in any other Act: Provided further, That of the
sums made available under this heading:
(1) $1,493,100,000 shall be for activities eligible under
section 133(b) of title 23, United States Code, for the
elimination of hazards and the installation of protective
devices at railway-highway crossings, and to provide
necessary charging infrastructure along corridor ready or
corridor pending alternative fuel corridors as defined under
23 U.S.C. 151;
(2) $5,451,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(3) $1,449,000 shall be for activities eligible under the
Territorial Highway Program, as described in section
165(c)(6) of title 23, United States Code;
(4) $166,000,000 shall be for the nationally significant
Federal lands and tribal projects program under section 1123
of the FAST Act;
(5) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23, United
States Code;
(6) $15,000,000 shall be for grants for Advanced Digital
Construction Management Systems;
(7) $12,000,0000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section
1441 of the FAST Act;
(8) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create a
national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System;
and
(9) $2,000,000 shall be for research that leads to
decreases in highway and pedestrian fatalities among Tribal
populations:
Provided further, That the funds made available under this
heading for activities eligible under section 133(b) of title
23, United States Code, for the elimination of hazards and
the installation of protective devices at railway-highway
crossings, and to provide charging infrastructure for
alternative fuel corridors, shall be suballocated in the
manner described in section 133(d) of such title, except that
the set-aside described in section 133(h) of title 23, United
States Code shall not apply to funds made available under
this heading: Provided further, That the funds made
available under this heading in paragraph (1), shall be
administered as if apportioned under chapter 1 of such title
and shall remain available through September 30, 2023:
Provided further, That the funds made available under this
heading in paragraph (1), shall be apportioned to the States
in the same ratio as the obligation limitation for fiscal
year 2020 is distributed among the States in section
120(a)(5) of this Act: Provided further, That, except as
provided in the following proviso, the funds made available
under this heading for activities eligible under the Puerto
Rico Highway Program and activities eligible under the
Territorial Highway Program shall be administered as if
allocated under sections 165(b) and 165(c), respectively, of
such title and shall remain available through September 30,
2023: Provided further, That the funds made available under
this heading for activities eligible under the Puerto Rico
Highway Program shall not be subject to the requirements of
sections 165(b)(2)(A) or 165(b)(2)(B) of such title:
Provided further, That the funds made available under this
heading for the nationally significant Federal lands and
tribal projects program under section 1123 of the FAST Act
shall remain available through September 30, 2023: Provided
further, That the funds made available under this heading in
paragraph (5) for the elimination of hazards and the
installation of protective devices at railway-highway
crossings shall be available for projects eligible under
section 22907(c) of title 49, United States Code, for
commuter authorities, as defined in section 24102(2) of title
49, United States Code, that experienced at least one
accident investigated by the National Transportation Safety
Board between January 1, 2008 and December 31, 2018:
Provided further, That amounts provided under this heading in
paragraphs (5), (6), (7), (8), and (9) shall remain available
until expended: Provided further, That funds made available
under this heading for Advanced Digital Construction
Management Systems shall be for competitive grants to State
and local governments to develop and expand the capacity to
use and deploy Advanced Digital Construction Management
Systems and the minimum grant amount shall be $500,000.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2020, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under sections 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Fixing America's Surface
Transportation Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that
[[Page H4858]]
are exempt from the limitation under subsection (b)(12) and
the amounts apportioned under sections 202 and 204 of that
title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2020, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface Transportation
Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
provide an annual report to the House and Senate Committees
on Appropriations on any waivers granted under the Buy
America requirements.
Sec. 123. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary of
Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works
and the Committee on Banking, Housing and Urban Affairs of
the Senate; and the Committee on Transportation and
Infrastructure of the House of Representatives: Provided,
That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the
project; whether credit assistance will be provided as a
direct loan, loan guarantee, or line of credit; and the
amount of credit assistance.
Sec. 124. None of the funds in this Act may be used to
make a grant for a project under section 117 of title 23,
United States Code, unless the Secretary, at least 60 days
before making a grant under that section, provides written
notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award: Provided, That the written
notification required in the previous proviso shall be made
no later than 180 days after enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this
section and submits a quarterly report to the Secretary
identifying the projects to which the funding would be
applied. Notwithstanding the original period of availability
of funds to be obligated under this section, such funds and
associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal
year in which the Secretary of Transportation is notified.
The Federal share of the cost of a project carried out with
funds made available under this section shall be the same as
associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general
geographic area within 5 miles for which the funding was
designated, except that a State or territory may apply such
authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each
quarter to the House and Senate Committees on Appropriations.
Sec. 126. The following are repealed:
(1) Section 352 of the National Highway System Designation
Act of 1995 (Public Law 104-59, 109 Stat. 568).
(2) Section 324 of the Department of Transportation and
Related Agencies Appropriations Act, 1986 (Public Law 99-190;
99 Stat. 1288).
(3) Section 325 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (Public Law 104-50;
109 Stat. 456).
Notwithstanding any other provision of law, tolls collected
for motor vehicles on any bridge connecting the boroughs of
Brooklyn, New York, and Staten Island, New York, shall be
collected for any such vehicles exiting from such bridge in
both Staten Island and Brooklyn.
Sec. 127. Section 125(d) of title 23, United States Code,
is amended by striking paragraph (4).
Sec. 128. Until final guidance is published, the
Administrator of the Federal Highway Administration shall
make determinations on Buy America waivers for those waivers
that were submitted before April 17, 2018, as if the notice
of proposed rulemaking of that date was not in effect.
Sec. 129. Section 1948 of SAFETEA-LU (Public Law 109-59;
119 Stat. 1514) is repealed.
Sec. 129A. Section 119(e)(5) of title 23, United States
Code, is amended to read as follows:
``(5) Requirement for plan.--
``(A) In general.--Notwithstanding section 120, beginning
on October 1, 2019, and each fiscal year thereafter, if the
Secretary determines
[[Page H4859]]
that a State has not developed and implemented a State asset
management plan consistent with this section, the Federal
share payable on account of any project or activity for which
funds are obligated by the State in that fiscal year under
this section shall be 65 percent.
``(B) Determination.--The Secretary shall make the
determination under subparagraph (A) not later than the day
before the beginning of each fiscal year.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Fixing America's
Surface Transportation Act, $288,000,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account),
together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which
shall remain available until expended: Provided, That funds
available for implementation, execution, or administration of
motor carrier safety operations and programs authorized under
title 49, United States Code, shall not exceed total
obligations of $288,000,000 for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2020, of which
$9,073,000 to remain available for obligation until September
30, 2022, is for the research and technology program.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out
sections 31102, 31103, 31104, and 31313 of title 49, United
States Code, as amended by the Fixing America's Surface
Transportation Act, $388,800,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That funds
available for the implementation or execution of motor
carrier safety programs shall not exceed total obligations of
$388,800,000 in fiscal year 2020 for ``Motor Carrier Safety
Grants'': Provided further, That of the sums appropriated
under this heading:
(1) $308,700,000 shall be available for the motor carrier
safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver's license program implementation program;
(3) $44,900,000 shall be available for the high priority
activities program; and
(4) $2,000,000 shall be made available for commercial motor
vehicle operators grants, of which $1,000,000 is to be made
available from prior year unobligated contract authority
provided for Motor Carrier Safety grants in the
Transportation Equity Act for the 21st Century (Public Law
105-178), SAFETEA-LU (Public Law 109-59), or other
appropriations or authorization Acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration
shall send notice of 49 C.F.R. section 385.308 violations by
certified mail, registered mail, or another manner of
delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use
of electronic logging devices by operators of commercial
motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) or insects.
Sec. 132. The Federal Motor Carrier Safety Administration
shall update annual inspection regulations under Appendix G
to subchapter B of chapter III of title 49, Code of Federal
Regulations, to require that rear underride guards be
inspected annually.
Sec. 133. No funds made available by this or any other Act
may be obligated or expended under the authority in 49 U.S.C.
31141(c) to review and issue a decision on a petition to
preempt State meal and rest break laws that may differ from
those in 49 C.F.R. 395.
Sec. 134. Notwithstanding any restriction under part II of
subtitle B of title V of the FAST Act, not later than 6
months after enactment of this Act, the Administrator of the
Federal Motor Carrier Safety Administration shall make
available on a public website information regarding analysis
of violations developed under the agency's Compliance,
Safety, Accountability program, consistent with the data that
the agency made publicly available immediately before
December 4, 2015.
Sec. 135. None of the funds made available in this Act may
be used to promulgate or enforce a rule that eliminates the
30 minute rest break specified in part 395 of title 49, Code
of Federal Regulations, as it was in operational effect on
May 15, 2019.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $214,073,440, to remain
available until September 30, 2021, except that $40,000,000
shall remain available through September 30, 2022, and no
less than $18,500,000 shall be for research on Automated
Driving Systems, Advanced Driver Assistance Systems, and
vehicle electronics and cybersecurity.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, including behavioral research on
Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls,
section 4011 of the Fixing America's Surface Transportation
Act (Public Law 114-94), and chapter 303 of title 49, United
States Code, $155,300,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That none of the
funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in
fiscal year 2020, are in excess of $155,300,000: Provided
further, That of the sums appropriated under this heading:
(1) $149,800,000 shall be for programs authorized under 23
U.S.C. 403, including behavioral research on Automated
Driving Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls, and section
4011 of the Fixing America's Surface Transportation Act
(Public Law 114-94); and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $155,300,000 obligation
limitation for operations and research, $20,000,000 shall
remain available until September 30, 2021, and shall be in
addition to the amount of any limitation imposed on
obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402, 404, and 405, and section
4001(a)(6) of the Fixing America's Surface Transportation
Act, to remain available until expended, $623,017,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs for which the total obligations in fiscal year 2020
are in excess of $623,017,000 for programs authorized under
23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the
Fixing America's Surface Transportation Act: Provided
further, That of the sums appropriated under this heading:
(1) $279,800,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402;
(2) $285,900,000 shall be for ``National Priority Safety
Programs'' under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ``High Visibility
Enforcement Program'' under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
Provided further, That none of these funds shall be used
for construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for ``National
Priority Safety Programs'' under 23 U.S.C. 405 for ``Impaired
Driving Countermeasures'' (as described in subsection (d) of
that section) shall be available for technical assistance to
the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(8), any
amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of
any exercise of the authority granted under the previous
proviso or under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. None of the funds made available by this Act may
be used to mandate global positioning system (GPS) tracking
in private passenger motor vehicles without providing full
and appropriate consideration of privacy concerns under 5
U.S.C. chapter 5, subchapter II.
Sec. 143. In addition to the amounts made available under
the heading, ``Operations and Research (Liquidation of
Contract Authorization) (Limitation on Obligations) (Highway
Trust Fund)'' for carrying out the provisions of section 403
of title 23, United States Code, $17,000,000, to remain
available until September 30, 2021, shall be made available
to the National Highway Traffic Safety Administration from
the general fund: Provided, That of the sums provided under
this provision--
[[Page H4860]]
(a) not to exceed $7,000,000 shall be available to provide
funding for grants, pilot program activities, and innovative
solutions to reduce impaired-driving fatalities in
collaboration with eligible entities under section 403 of
title 23, United States Code; and
(b) not to exceed $10,000,000 shall be available to
continue a high visibility enforcement paid-media campaign
regarding highway-rail grade crossing safety in collaboration
with the Federal Railroad Administration.
Sec. 144. An additional $500,000 shall be made available
to the National Highway Traffic Safety Administration for a
study to identify and examine child-specific safety
considerations in vehicles equipped with Automated Driving
Systems, particularly those that can be operated bi-
directionally and offer unconventional seating. The study
should also incorporate safety considerations for child
restraint system (CRS) installation and promoting CRS usage
for ride-share programs, and the risks associated with
unattended child passengers in Automated Driving Systems-
equipped vehicles. Upon completion of this study, the
National Highway Traffic Safety Administration shall submit
to the House and Senate Committees on Appropriations a report
containing its findings, including detailing how the agency
is coordinating with manufacturers to ensure children are
protected in vehicles equipped with Automated Driving
Systems.
Sec. 145. None of the funds appropriated or otherwise made
available in this Act or any other Act may be used to
finalize or enforce a proposed rule published by the National
Highway Traffic Safety Administration and the Environmental
Protection Agency on August 2, 2018, entitled ``The Safer
Affordable Fuel-Efficient Vehicles Rule'' or any other
successor rule.
Sec. 146. None of the funds in this Act or any other Act
shall be used to enforce the requirements of 23 U.S.C.
405(a)(9).
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $226,698,000, of
which $20,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $41,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue
direct loans and loan guarantees pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, such
authority shall exist as long as any such direct loan or loan
guarantee is outstanding.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership
for State of Good Repair Grants as authorized by section
24911 of title 49, United States Code, $350,000,000, to
remain available until expended: Provided, That the
Secretary may withhold up to one percent of the amount
provided under this heading for the costs of award and
project management oversight of grants carried out under
section 24911 of title 49, United States Code: Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity for funds provided under this heading consistent
with section 24911 of title 49, United States Code, no later
than 30 days after enactment of this Act: Provided further,
That the Secretary shall review all applications received in
response to the Notice of Funding Opportunity required in the
previous proviso: Provided further, That the Secretary shall
announce the selection of projects to receive awards for the
funds described in the previous two provisos no later than
180 days after enactment of this Act.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements Grants, as authorized
by section 22907 of title 49, United States Code,
$350,000,000, to remain available until expended: Provided,
That of the sums appropriated under this heading--
(1) $40,000,000 shall be available for projects eligible
under section 22907(c)(5) of title 49, United States Code,
for projects for commuter authorities, as defined as section
24102(2) of title 49, United States Code, that experienced at
least one accident investigated by the National
Transportation Safety Board between January 1, 2008, and
December 31, 2018; and
(2) $55,000,000 shall be available for projects eligible
under section 22907(c)(2) of title 49, United States Code,
that require the acquisition of rights-of-way, track, or
track structure to support the development of new intercity
passenger rail service routes:
Provided further, That section 22905(f) of title 49, United
States Code, shall not apply to projects for commuter
authorities in the first proviso: Provided further, That
section 22905(f) of title 49, United States Code, shall not
apply to projects for the implementation of positive train
control systems otherwise eligible under section 22907(c)(1)
of title 49, United States Code: Provided further, That
amounts available under this heading for projects selected
for commuter rail passenger transportation may be transferred
by the Secretary, after selection, to the appropriate
agencies to be administered in accordance with chapter 53 of
title 49, United States Code: Provided further, That for
amounts available under this heading eligible recipients
under section 22907(b) of title 49, United States Code, shall
include any non-profit association representing Class II
railroads and Class III railroads (as those terms are defined
in section 20102 of title 49, United States Code) and any
holding company of a Class II railroad or Class III railroad
(as those terms are defined in section 20102 of title 49,
United States Code): Provided further, That the Secretary
shall not limit eligible projects from consideration for
funding for planning, engineering, environmental,
construction, and design elements of the same project in the
same application: Provided further, That unobligated
balances remaining after 4 years from the date of enactment
may be used for any eligible project under section 22907(c)
of title 49, United States Code: Provided further, That the
Secretary may withhold up to one percent of the amount
provided under this heading for the costs of award and
project management oversight of grants carried out under
section 22907 of title 49, United States Code: Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity for funds provided under this heading no later
than 30 days after enactment of this Act: Provided further,
That such Notice of Funding Opportunity shall require
application submissions 60 days after the publishing of such
Notice: Provided further, That the Secretary shall announce
the selection of projects to receive awards for the funds in
the previous two provisos no later than 180 days after
enactment of this Act.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of
magnetic levitation transportation projects, consistent with
language in 1307(a) through (c) of Public Law 109-59, as
amended by section 102 of Public Law 110-244 (section 322 of
title 23, United States Code), $10,000,000, to remain
available until expended.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by
section 11101(a) of the Fixing America's Surface
Transportation Act (division A of Public Law 114-94),
$700,000,000, to remain available until expended: Provided,
That the Secretary may retain up to one-half of 1 percent of
the funds provided under both this heading and the ``National
Network Grants to the National Railroad Passenger
Corporation'' heading to fund the costs of project management
and oversight of activities authorized by section 11101(c) of
division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized
under section 11101(c) of division A of Public Law 114-94,
the Secretary may retain up to an additional $5,000,000 of
the funds provided under this heading to fund expenses
associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code:
Provided further, That of the amounts made available under
this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading, not less
than $50,000,000 shall be made available to bring Amtrak-
served facilities and stations into compliance with the
Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $1,291,600,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $2,000,000 of the funds provided
under this heading to fund expenses associated with the
State-Supported Route Committee established under section
24712 of title 49, United States Code.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the previous proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations within
60 days of enactment of this Act, a summary of all overtime
payments incurred by the Corporation for 2019 and the three
prior calendar years: Provided further, That such summary
shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid
to those employees receiving waivers for each month for 2019
and for the three prior calendar years.
Sec. 151. None of the funds provided to the National
Railroad Passenger Corporation under the headings ``Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National
Railroad Passenger Corporation'' may be used to reduce the
size of the Amtrak Police Department below the staffing level
on May 1, 2019.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $117,000,000, of which
$15,000,000 shall remain available until September 30, 2021,
and up to $1,000,000 shall be available to carry out the
provisions of section 5326 of such title: Provided, That
upon submission to the Congress of the fiscal year 2021
President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on Capital Investment
Grants, including proposed allocations for fiscal year 2021.
[[Page H4861]]
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by
the Fixing America's Surface Transportation Act, section
20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,800,000,000,
to be derived from the Mass Transit Account of the Highway
Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b)
of the Fixing America's Surface Transportation Act, shall not
exceed total obligations of $10,150,348,462 in fiscal year
2020: Provided further, That the Federal share of the cost
of activities carried out under 49 U.S.C. section 5312 shall
not exceed 80 percent, except that if there is substantial
public interest or benefit, the Secretary may approve a
greater Federal share: Provided further, That in addition to
the amounts appropriated for purposes of 49 U.S.C 5338(e),
not less than 2 percent of the funds appropriated or
available for the purposes of 49 U.S.C 5338(f) shall be
available for the purposes of 49 U.S.C. 5338(e).
transit infrastructure grants
For an additional amount for buses and bus facilities
grants under section 5339 of title 49, United States Code,
state of good repair grants under section 5337 of such title,
the bus testing facilities under sections 5312 and 5318 of
such title, and for grants to areas of persistent poverty,
$750,000,000, to remain available until expended: Provided,
That of the sums provided under this heading:
(1) $389,000,000 shall be available for the buses and bus
facilities competitive grants as authorized under section
5339(b) of such title: Provided further, That the minimum
grant award shall be not less than $1,000,000;
(2) $94,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title; Provided further, That the minimum grant award shall
be not less than $1,500,000;
(3) $250,000,000 shall be available for the state of good
repair grants as authorized under section 5337 of such title;
(4) $1,000,000 shall be available for the bus testing
facility as authorized under section 5318 of such title;
(5) Notwithstanding section 5318(a) of such title,
$6,000,000 shall be available for the operation and
maintenance of bus testing facilities by institutions of
higher education selected pursuant to section 5312(h); and
(6) $10,000,000 shall be available for competitive grants
to eligible entities to assist areas of persistent poverty:
Provided further, That the Secretary shall enter into a
contract or cooperative agreement with, or make a grant to,
each institution of higher education selected pursuant to
section 5312(h) of such title, to operate and maintain a
facility to conduct the testing of low or no emission vehicle
new bus models using the standards established pursuant to
section 5318(e)(2) of such title: Provided further, That the
term ``low or no emission vehicle'' has the meaning given the
term in section 5312(e)(6) of such title: Provided further,
That the Secretary shall pay 80 percent of the cost of
testing a low or no emission vehicle new bus model at each
selected institution of higher education: Provided further,
That the entity having the vehicle tested shall pay 20
percent of the cost of testing: Provided further, That a low
or no emission vehicle new bus model tested that receives a
passing aggregate test score in accordance with the standards
established under section 5318(e)(2) of such title, shall be
deemed to be in compliance with the requirements of section
5318(e) of such title: Provided further, That areas of
persistent poverty means any county that has consistently had
20 percent or more of the population living in poverty over
the 30 years preceding the date of enactment of this Act, as
measured by the 1990 and 2000 decennial census and the most
recent Small Area Income and Poverty Estimates, or any census
tract with a poverty rate of at least 20 percent as measured
by the 2013-2017 five-year data series available from the
American Community Survey of the Census Bureau: Provided
further, That grants shall be for planning, engineering, or
development of technical, or financing plans for projects
eligible under chapter 53 of title 49, United States Code:
Provided further, That eligible entities are those defined as
eligible recipients or subrecipients under sections 5307,
5310 or 5311 of title 49 United States Code, and are in areas
of persistent poverty: Provided further, That the Federal
Transit Administration should complete outreach to such
counties and the Departments of Transportation within
applicable States via personal contact, webinars, web
materials and other appropriate methods determined by the
Administrator: Provided further, That State departments of
transportation may apply on behalf of eligible entities
within their States: Provided further, That the Federal
Transit Administration should encourage grantees to work with
non-profits or other entities of their choosing in order to
develop planning, technical, engineering, or financing plans:
Provided further, That the Federal Transit Administration
should encourage grantees to partner with non-profits that
can assist with making projects low or no emissions:
Provided further, That projects funded as a result of
activities funded under this heading shall be for not less
than 90 percent of the net total project cost: Provided
further, That amounts made available by this heading shall be
derived from the general fund: Provided further, That the
amounts made available under this heading shall not be
subject to any limitation on obligations for transit programs
set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314,
$5,000,000, to remain available until September 30, 2021, of
which not less than $2,500,000 shall be for a cooperative
agreement through which the Federal Transit Administration
assists transit recipients with frontline workforce
development and standards based training in maintenance and
operations through an agreement with a national nonprofit
organization with a demonstrated capacity to develop and
provide such programs though labor management partnerships
and apprenticeships: Provided, That the assistance provided
under this heading does not duplicate the activities of 49
U.S.C. 5311(b) or 49 U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United
States Code, and section 3005(b) of the Fixing America's
Surface Transportation Act, $2,301,785,760, to remain
available until September 30, 2024: Provided, That of the
amounts made available under this heading, $1,841,428,608
shall be obligated by December 31, 2021, but shall remain
available until September 30, 2024, as specified under this
heading: Provided further, That of the amounts made
available under this heading:
(1) $795,290,221 shall be available for fixed guideway
projects that have executed full funding grant agreements,
authorized under subsection (d) of section 5309;
(2) $702,709,779 shall be available for new projects
authorized under 5309(d) of title 49, United States Code;
(3) $300,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(4) $430,768,910 shall be available for projects authorized
under section 5309(h) of title 49, United States Code; and
(5) $50,000,000 shall be available for projects authorized
under section 3005(b) of the Fixing America's Surface
Transportation Act:
Provided further, That the Secretary shall continue to
administer the capital investment grants program in
accordance with the procedural and substantive requirements
of section 5309 of title 49, United States Code, and to
administer the Expedited Delivery Pilot Program with the
procedural and substantive requirements of section 3005(b) of
the Fixing America's Surface Transportation Act: Provided
further, That any funds remaining from the $1,841,428,608
that are required to be obligated by the first proviso under
this heading and that remain available on December 31, 2021
shall be reallocated to applicants with projects in
Engineering on that date, as defined by 49 U.S.C. 5309(d)(2)
and (e)(2) for activities eligible under 49 U.S.C. 5309(b),
and upon reallocation shall be available for immediate
obligation: Provided further, That each applicant's share of
such funds shall be distributed to the projects in
Engineering based on the individual project's requested
Capital Investment Grant amount as a percentage of the total
Capital Investment Grant funds requested by the group of
projects in Engineering under subsections (d)(2) and (e)(2)
of 49 United States Code 5309 on December 31, 2021: Provided
further, That not later than 90 days after enactment of this
Act, the Federal Transit Administration shall provide the
House and Senate Committees on Appropriations a list of
projects to which the agency expects to award a full-funding
grant agreement in fiscal year 2020, and upon submission of
the fiscal year 2021 budget, the Federal Transit
Administration shall provide such information for 2021.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to
approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making
progress to improve its safety management system in response
to the Federal Transit Administration's 2015 safety
management inspection: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those
investments that will improve the safety of the system before
approving such grants: Provided further, That the Secretary,
in order to ensure safety throughout the rail system, may
waive the requirements of section 601(e)(1) of division B of
Public Law 110-432.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Fixed Guideway Capital Investment'' of the Federal Transit
Administration for projects specified in this Act or
identified in
[[Page H4862]]
reports accompanying this Act not obligated by September 30,
2024, and other recoveries, shall be directed to projects
eligible to use the funds for the purposes for which they
were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2018, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. In the first proviso under the title ``Capital
Investment Grants'' in the Consolidated Appropriations Act of
2018, Public Law 115-141, strike, ``December 31, 2019'' and
insert, ``September 30, 2020''.
Sec. 164. No funds in this or any other Act shall be used:
(a) to adjust apportionments or withhold funds from
apportionments pursuant to 26 U.S.C. 9503(e)(4);
(b) to request or require any project to have a maximum
Capital Investment Grant contribution lower than 50 percent
of the total project cost;
(c) to determine a maximum Capital Investment Grant
contribution for projects defined under 49 U.S.C. 5309(a)(2)
or 49 U.S.C. 5309 (a)(5) until at least 180 days after a
project has entered into the Engineering phase; and
(d) by the Federal Transit Administration when making a
determination about whether a project sponsor's cost estimate
is reasonable, to require a probability higher than 50
percent that a project can be completed within that cost
estimate: Provided, That this proviso only applies to those
applications that are in the ``project development'' phase as
defined under subsections (d)(1), (e)(1), or (h)(2) of 49
U.S.C. 5309, or the ``Engineering'' phase as defined under
subsections (d)(2) or (e)(2) of 49 U.S.C. 5309 on the date of
enactment of this Act.
Sec. 165. An eligible recipient of a grant under 5339(c)
may submit an application in partnership with other entities,
including a transit vehicle manufacturer, that intend to
participate in the implementation of a project under 5339(c)
of title 49, United States Code and a project awarded with
such partnership shall be treated as satisfying the
requirement for a competitive procurement under Section
5325(a) of title 49, United States Code, for the named
entity.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital asset renewal activities on those
portions of the Saint Lawrence Seaway owned, operated, and
maintained by the Saint Lawrence Seaway Development
Corporation, $40,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That of the amounts made available under this
heading, not less than $16,000,000 shall be used on capital
asset renewal activities.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $300,000,000, to remain available until
expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training
activities authorized by law, $154,442,000: Provided, That
of the sums appropriated under this heading --
(1) $77,944,000 shall remain available until September 30,
2021 for the operations of the United States Merchant Marine
Academy;
(2) $5,225,000 shall remain available until expended for
the maintenance and repair, equipment, and capital
improvements at the United States Merchant Marine Academy;
(3) $3,000,000 shall remain available until September 30,
2021 for the Maritime Environment and Technology Assistance
program authorized under section 50307 of title 46, United
States Code; and
(4) $15,000,000, shall remain available until expended for
the Short Sea Transportation Program (America's Marine
Highways) to make grants for the purposes authorized under
sections 55601(b)(1) and (3) of title 46, United States Code:
Provided further, That not later than 120 days after
enactment of this Act, the Administrator of the Maritime
Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3507 of Public
Law 110-417: Provided further, That available balances under
this heading for the Short Sea Transportation Program
(America's Marine Highways) from prior year recoveries shall
be available to carry out activities authorized under
sections 55601(b)(1) and (3) of title 46, United States Code:
Provided further, That from funds provided under (3) and (4)
of the first proviso, the Secretary of Transportation shall
make grants no later than 180 days after enactment of this
Act in such amounts as the Secretary determines: Provided
further, That any unobligated balances available from
previous appropriations for programs and activities
supporting State Maritime Academies shall be transferred to
and merged with the appropriations for ``Maritime
Administration, State Maritime Academy Operations'' and shall
be made available for the same purposes.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $345,200,000:
Provided, That of the sums appropriated under this heading --
(1) $33,000,000, to remain available until expended, shall
be for maintenance, repair, life extension, and capacity
improvement of National Defense Reserve Fleet training ships
in support of State Maritime Academies, of which up to
$8,060,000, to remain available until expended, shall be for
expenses related to training mariners for costs associated
with training vessel sharing pursuant to 46 U.S.C.
51504(g)(3) for costs associated with mobilizing, operating
and demobilizing the vessel, including travel costs for
students, faculty and crew, the costs of the general agent,
crew costs, fuel, insurance, operational fees, and vessel
hire costs, as determined by the Secretary;
(2) $300,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration,
and design of school ships;
(3) $2,400,000 shall remain available through September 30,
2021, for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2021, for direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by
Public Law 113-281, $20,000,000, to remain available until
expended.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $5,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed
loan program, $3,000,000, which shall be transferred to and
merged with the appropriations for ``Operations and
Training'', Maritime Administration.
port infrastructure development program
To make grants to improve port facilities as authorized
under section 50302 of title 46, United States Code,
$225,000,000 to remain available until expended: Provided,
That projects eligible for funding provided under this
heading shall be projects for coastal seaports or Great Lakes
ports: Provided further, That the Maritime Administration
shall distribute funds provided under this heading as
discretionary grants to port authorities or commissions or
their subdivisions and agents under existing authority, as
well as to a State or political subdivision of a State or
local government, a tribal government, a public agency or
publicly chartered authority established by one or more
States, a special purpose district with a transportation
function, a multistate or multijurisdictional group of
entities, or a lead entity described above jointly with a
private entity or group of private entities: Provided
further, That projects eligible for funding provided under
this heading shall be either within the boundary of a port,
or outside the boundary of a port, and directly related to
port operations or to an intermodal connection to a port that
will improve the safety, efficiency, or reliability of the
movement of goods into, out of, around, or within a port, as
well as the unloading and loading of cargo at a port:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be up
to 80 percent: Provided further, That not to exceed 2
percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration:
Provided further, That the proceeds of Federal credit
assistance under chapter 6 of title 23, United States Code or
sections 501 through 504 of the Railroad and Revitalization
and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, shall be considered to be part of the non-Federal
share of project costs if the loan is repayable from non-
Federal funds, unless otherwise requested by the project
sponsor: Provided further, That a grant award made under
this heading may not be used to purchase fully-automated
cargo handling equipment or to otherwise facilitate fully-
automated cargo handling: Provided further, That for the
purposes of the previous proviso, fully-automated cargo
handling means using equipment that is remotely operated or
remotely monitored with or without the exercise of human
intervention or control.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be covered into the Treasury as miscellaneous receipts.
[[Page H4863]]
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $23,710,000, of
which $1,500,000 shall remain available until September 30,
2022: Provided, That the Secretary of Transportation shall
issue final rules as required under section 5(f), section
21(c), and section 23(a) of the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011 (Public Law 112-90)
no later than 180 days after enactment of this Act: Provided
further, That no later than 90 days after enactment of this
Act, the Secretary of Transportation shall initiate a
rulemaking on automatic and remote-controlled shut-off valves
and hazardous liquid pipeline facilities leak detection
systems as required under section 4 and section 8 of the
Pipeline Safety, Regulatory Certainty, and Job Creation Act
of 2011 (Public Law 112-90), respectively, and shall issue a
final rule no later than one year after enactment of this
Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $61,000,000, to remain available until
September 30, 2022: Provided, That up to $800,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the
general fund of the Treasury as offsetting receipts:
Provided further, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for
travel expenses incurred in performance of hazardous
materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge
the pipeline program responsibilities of the Oil Pollution
Act of 1990, $168,000,000, to remain available until
September 30, 2022, of which $23,000,000 shall be derived
from the Oil Spill Liability Trust Fund; of which
$137,000,000 shall be derived from the Pipeline Safety Fund;
and of which $8,000,000 shall be derived from fees collected
under 49 U.S.C. 60302 and deposited in the Underground
Natural Gas Storage Facility Safety Account for the purpose
of carrying out 49 U.S.C. 60141: Provided, That not less
than $1,058,000 of the funds provided under this heading
shall be for the One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $28,318,000 shall
remain available until September 30, 2022, from amounts made
available by 49 U.S.C. 5116(h), and 5128(b) and (c):
Provided, That notwithstanding 49 U.S.C. 5116(h)(4), not more
than 4 percent of the amounts made available from this
account shall be available to pay administrative costs:
Provided further, That notwithstanding 49 U.S.C. 5128(b) and
(c) and the current year obligation limitation, prior year
recoveries recognized in the current year shall be available
to develop a hazardous materials response training curriculum
for emergency responders, including response activities for
the transportation of crude oil, ethanol and other flammable
liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out 49 U.S.C. 5116(a)(1)(C),
5116(h), 5116(i), and 5107(e).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General
Act of 1978, as amended, $96,700,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by
the Department prior to the enactment of this Act shall be
deemed authorized.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 183. (a) None of the funds appropriated by this Act
may be made available for salaries and expenses of more than
110 political and Presidential appointees in the Department
of Transportation: Provided, That none of the personnel
covered by this provision may be assigned on temporary detail
outside the Department of Transportation.
(b) The limitation in subsection (a) shall increase to 125
political and Presidential appointees beginning on the date
on which the Secretary announces the selection of projects to
receive awards for each of the following competitive grants,
with respect to funds made available for fiscal year 2019 for
such grants:
(1) Capital investment grants as authorized and as funded
under the heading ``Office of the Secretary--National
Infrastructure Investments'' by Public Law 116-6;
(2) Grants-In-Aid for Airports as authorized by subchapter
1 of chapter 471 and subchapter 1 of chapter 475 of title 49,
United States Code, and as funded under the heading ``Federal
Aviation Administration--Grants-in-Aid for Airports'' by
Public Law 116-6;
(3) Federal-State Partnership for State of Good Repair
Grants, as authorized by section 24911 of title 49, United
States Code, and as funded under the heading ``Federal
Railroad Administration--Federal-State Partnership for State
of Good Repair'' by Public Law 116-6;
(4) Consolidated Rail Infrastructure and Safety
Improvements Grants, as authorized by section 22907 of title
49, United States Code, and as funded under the heading
``Federal Railroad Administration--Consolidated Rail
Infrastructure and Safety Improvements'' by Public Law 116-6;
(5) Restoration and Enhancement Grants, as authorized by
section 22908 of title 49, United States Code, and as funded
under the heading ``Federal Railroad Administration--
Restoration and Enhancement'' by Public Law 116-6;
(6) Magnetic levitation transportation projects consistent
with section 322 of title 23, United States Code, and as
funded under the heading ``Federal Railroad Administration--
Magnetic Levitation Technology Deployment Program'' by Public
Law 116-6;
(7) Buses and bus facilities competitive grants as
authorized under section 5339(b) of title 49, United States
Code, and as funded under the heading ``Federal Transit
Administration--Transit Infrastructure Grants'' by Public Law
116-6;
(8) Low or no emission grants, as authorized under section
5339(c) of title 49, United States Code, and as funded under
the heading ``Federal Transit Administration--Transit
Infrastructure Grants'' by Public Law 116-6;
(9) Grants to qualified shipyards, as authorized under
section 54101 of title 46, United States Code, and as funded
under the heading ``Maritime Administration--Assistance to
Small Shipyards'' by Public Law 116-6; and
(10) Grants to improve port facilities, as authorized under
section 50302 of title 46, United States Code, and as funded
under the heading ``Maritime Administration--Port
Infrastructure Development Program'' by Public Law 116-6.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to 49 U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any project competitively selected to receive any
discretionary grant award, letter of intent, loan commitment,
loan guarantee commitment, line of credit commitment, or full
funding grant agreement is announced by the Department or its
modal administrations: Provided, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
(b) In addition to the notification required in subsection
(a), none of the funds made available in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, cooperative agreement or
discretionary grant unless the Secretary of Transportation
provides the House and Senate Committees on Appropriations a
comprehensive list of all such loans, loan guarantees, lines
of credit, cooperative agreement or discretionary grants that
will be announced not less the 3 full business days before
such announcement: Provided, That the requirement to provide
a list in this subsection does not apply to any ``quick
release'' of funds from the emergency relief program:
Provided further, That no list shall involve funds that are
not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous
[[Page H4864]]
sources are to be credited to appropriations of the
Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable
criteria and such funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002, as amended
by the Improper Payments Elimination and Recovery Act of 2010
and Improper Payments Elimination and Recovery Improvement
Act of 2012, and Fraud Reduction and Data Analytics Act of
2015: Provided, That amounts in excess of that required for
paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with
the improper payment or payments is not readily available,
the Secretary may credit an appropriate account, which shall
be available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to depositing such recovery in
the Treasury, the Secretary shall notify the House and Senate
Committees on Appropriations of the amount and reasons for
such transfer: Provided further, That for purposes of this
section, the term ``improper payments'' has the same meaning
as that provided in section 2(e)(2) of Public Law 111-204.
Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of said reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date
on which the reprogramming action has been approved or denied
by the House and Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 191. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 U.S.C. or title 23 U.S.C. utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(a) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(b) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(c) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 192. (a) None of the funds appropriated or otherwise
made available by this Act may be used to terminate a grant
or cooperative agreement with the California High Speed Rail
Authority, de-obligate funding associated with a grant or
cooperative agreement with the California High Speed Rail
Authority, or require the State of California or the
California High Speed Rail Authority to repay funding
previously obligated and expended.
(b) Subsection (a) shall apply to Cooperative Agreement No.
FR-HSR-0009-10-01-06 and any other grant or cooperative
agreement with the California High Speed Rail Authority in
effect on or after enactment of this Act.
(c) Notwithstanding the Department of Transportation
Appropriations Act, 2010 (Public Law 111-117), de-obligated
funds associated with Cooperative Agreement No. FR-HSR-0118-
12-01-01--
(1) may not be made available for any purpose until the
final determination of any litigation concerning those funds;
and
(2) upon the final determination of any such litigation,
shall be made available only for high-speed rail projects
under section 26106 of title 49, United States Code, in
accordance with such section, except the Secretary of
Transportation shall--
(A) issue a Notice of Funding Opportunity for such grants
no later than 30 days after the final determination of such
litigation;
(B) require that such Notice of Funding Opportunity shall
require application submissions no later than 30 days after
the issuance of such Notice;
(C) award grants no later than 60 days after the issuance
of such Notice; and
(D) require applicants to provide the Secretary with
completed documentation with respect to any required
environmental impact statements within the application for a
grant.
Sec. 193. Section 603(b) of title 23, United States Code,
is amended by striking paragraph (8) and inserting the
following:
``(8) Non-federal share.--Notwithstanding paragraph (9) and
section 117(j)(2), the proceeds of a secured loan under the
TIFIA program shall be considered to be part of the non-
Federal share of project costs required under this title or
chapter 53 of title 49, if the loan is repayable from non-
Federal funds.''.
Sec. 194. Section 502(b)(3) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is
amended by striking ``only during the 4-year period beginning
on the date of enactment of the Passenger Rail Reform and
Investment Act of 2015'' and inserting ``until September 30,
2020''.
Sec. 195. (a) None of the funds appropriated by this title
may be made available to issue grants to entities that do not
comply with practices for control system procurement
recommended by the U.S. Department of Homeland Security's
National Cybersecurity and Communications Integration Center.
(b) The Secretary of Transportation may waive the
requirement to comply with the practices described in
subsection (a) if the Secretary finds that:
(1) requiring compliance would be inconsistent with the
public interest; and
(2) the Secretary notifies the House and Senate Committees
on Appropriations no less than 3 days before issuing a waiver
under this subsection.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $14,788,000, to remain
available until September 30, 2021, and of which $4,557,000
is for the Office of the Secretary and $2,192,000 is for the
Office of Congressional and Intergovernmental Relations:
Provided, That not to exceed $20,000 of the total amount made
available under this heading shall be available to the
Secretary for official reception and representation expenses
as the Secretary may determine: Provided further, That none
of the funds made available in this title or title II of
division G of Public Law 116-6 may be reprogrammed or
otherwise used to increase the appropriation provided by this
title for the Office of the Secretary or the Office of
Congressional and Intergovernmental Relations: Provided
further, That none of the funds made available by this or any
other Act may be used to detail any individual to the Office
of the Secretary or the Office of Congressional and
Intergovernmental Relations: Provided further, That none of
the funds made available by this Act may be used to pay the
salary of any individual occupying a political position in
the Office of Budget: Provided further, That for the
purposes of the previous proviso, the term ``political
position'' means the following: a position described under
sections 5312 through 5316 of title 5, United States Code
(relating to the Executive Schedule); a noncareer appointment
in the Senior Executive Service, as defined under paragraph
(7) of section 3132(a) of such title; a position in the
executive branch of the Government of a confidential or
policy-determining character under schedule C of subpart C of
part 213 of title 5, Code of Federal Regulations; or any
other position that has been excepted from the competitive
service by reason of its confidential, policy-determining,
policy-making, or policy-advocating character.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $521,500,000, to remain available until
September 30, 2021: Provided, That of the sums appropriated
under this heading --
(1) not to exceed $52,691,000 shall be for the Office of
the Chief Financial Officer;
(2) not to exceed $95,890,000 shall be for the Office of
the General Counsel, of which not less than $20,000,000 shall
be for the Departmental Enforcement Center;
(3) not to exceed $54,000,000 shall be for the Office of
Field Policy and Management;
(4) not to exceed $3,900,000 shall be for the Office of
Departmental Equal Employment Opportunity;
(5) not less than $55,019,000 shall be for the Office of
the Chief Information Officer; and
(6) not to exceed $260,000,000 shall be for the Assistant
Secretary for Administration:
[[Page H4865]]
Provided further, That funds provided under this heading
may be used for hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109: Provided further, That the
Secretary shall provide the House and Senate Committees on
Appropriations quarterly written notification regarding the
status of pending congressional reports: Provided further,
That the Secretary shall provide in electronic form all
signed reports required by Congress: Provided further, That
not more than 10 percent of the funds made available under
this heading for the Office of Chief Financial Officer for
the financial transformation initiative may be obligated
until the Secretary submits to the House and Senate
Committees on Appropriations, for approval, a plan for
expenditure that includes the financial and internal control
capabilities to be delivered and the mission benefits to be
realized, key milestones to be met, and the relationship
between the proposed use of funds made available under this
heading and the projected total cost and scope of the
initiative.
program office salaries and expenses
For necessary salaries and expenses for Program Offices,
$849,144,000, to remain available until September 30, 2021:
Provided, the amounts made available under this heading are
provided as follows:
(1) not to exceed $230,000,000 shall be available for the
Office of Public and Indian Housing, of which $10,200,000 is
for (a) the Secretary of Housing and Urban Development for
carrying out any authorities of such Secretary under chapter
11 of subtitle B of the Violence Against Women Act of 1994
(34 U.S.C. 12351) and subtitle N of such Act (34 U.S.C. 12471
et seq.); (b) public housing inspections and assessments as
referred in paragraph (2) of the heading ``Public Housing
Capital Fund'' in this title; and (c) public housing
inspections, monitoring and oversight of activities, and
other assistance authorized under title I of the Native
American Housing Assistance and Self-Determination Act of
1996 (NAHASDA) (25 U.S.C. 4111 et seq.), title I of the
Housing and Community Development Act of 1974 with respect to
Indian tribes (42 U.S.C. 5306(a)(1)), section 184 of the
Housing and Community Development Act of 1992 (12 U.S.C.
1715z-13a), and Tribal HUD-VASH program;
(2) not to exceed $117,000,000 shall be available for the
Office of Community Planning and Development, of which
$4,656,000 shall be for permanent positions for a disaster
recovery workforce;
(3) not to exceed $386,144,000 shall be available for the
Office of Housing, of which not less than $12,000,000 shall
be for the Office of Recapitalization;
(4) not to exceed $26,000,000 shall be available for the
Office of Policy Development and Research;
(5) not to exceed $80,000,000 shall be available for the
Office of Fair Housing and Equal Opportunity; and
(6) not to exceed $10,000,000 shall be available for the
Office of Lead Hazard Control and Healthy Homes:
Provided further, That the unobligated balances of prior
year appropriations made available under each of the accounts
``Public and Indian Housing'', ``Community Planning and
Development'', ``Housing'', ``Policy Development and
Research'', ``Fair Housing and Equal Opportunity'', and
``Office of Lead Hazard Control and Healthy Homes'' under the
heading ``Department of Housing and Urban Development--
Program Office Salaries and Expenses'' shall be transferred
to, and merged with, the amounts reserved for the Office of
Public and Indian Housing, the Office of Community Planning
and Development, the Office of Housing, the Office of Policy
Development and Research, the Office of Fair Housing and
Equal Opportunity, and the Office of Lead Hazard Control and
Healthy Homes, respectively, under the heading ``Department
of Housing and Urban Development--Program Office Salaries and
Expenses'' in this title.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred, including reimbursements
pursuant to section 7(f), to the Fund under this heading
shall be available for Federal shared services used by
offices and agencies of the Department, and for such portion
of any office or agency's printing, records management, space
renovation, furniture, or supply services as the Secretary
determines shall be derived from centralized sources made
available by the Department to all offices and agencies and
funded through the Fund: Provided, That of the amounts made
available in this title for salaries and expenses under the
headings ``Executive Offices'', ``Administrative Support
Offices'', ``Program Office Salaries and Expenses'', and
``Government National Mortgage Association'', the Secretary
shall transfer to the Fund such amounts, to remain available
until expended, as are necessary to fund services, specified
in the matter preceding the first proviso, for which the
appropriation would otherwise have been available, and may
transfer not to exceed an additional $5,000,000, in
aggregate, from all such appropriations, to be merged with
the Fund and to remain available until expended for any
purpose under this heading: Provided further, That amounts
in the Fund shall be the only amounts available to each
office or agency of the Department for the services, or
portion of services, specified in the matter preceding the
first proviso: Provided further, That with respect to the
Fund, the authorities and conditions under this heading shall
supplement the authorities and conditions provided under
section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$19,810,000,000, to remain available until expended, shall be
available on October 1, 2019 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2019), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2020: Provided, That the amounts
made available under this heading are provided as follows:
(1) $21,400,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2020 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection and Choice
Neighborhoods vouchers: Provided further, That the Secretary
shall, to the extent necessary to stay within the amount
specified under this paragraph (except as otherwise modified
under this paragraph), prorate each public housing agency's
allocation otherwise established pursuant to this paragraph:
Provided further, That except as provided in the following
provisos, the entire amount specified under this paragraph
(except as otherwise modified under this paragraph) shall be
obligated to the public housing agencies based on the
allocation and pro rata method described above, and the
Secretary shall notify public housing agencies of their
annual budget by the latter of 60 days after enactment of
this Act or March 1, 2020: Provided further, That the
Secretary may extend the notification period with the prior
written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing
agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements and in accordance
with the requirements of the MTW program and shall be subject
to the same pro rata adjustments under the previous provisos:
Provided further, That the Secretary may offset public
housing agencies' calendar year 2020 allocations based on the
excess amounts of public housing agencies' net restricted
assets accounts, including HUD-held programmatic reserves (in
accordance with VMS data in calendar year 2019 that is
verifiable and complete), as determined by the Secretary:
Provided further, That public housing agencies participating
in the MTW demonstration shall also be subject to the offset,
as determined by the Secretary, excluding amounts subject to
the single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2020 MTW funding
allocation: Provided further, That the Secretary shall use
any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations:
Provided further, That the Secretary may utilize unobligated
balances, including recaptures and carryover, remaining from
funds appropriated under this heading from prior year
appropriations (excluding special purpose vouchers),
notwithstanding the purposes for which such amounts were
appropriated, to avoid or reduce such prorations: Provided
further, That up to $100,000,000 shall be available only: (1)
for adjustments in the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act; (2) for vouchers that were not
in use during the previous 12-month period in order to be
available to meet a commitment pursuant to section 8(o)(13)
of the Act; (3) for adjustments for costs associated with
HUD-Veterans Affairs Supportive Housing (HUD-VASH) vouchers;
(4) for adjustments in the allocations for public housing
agencies that (i) are leasing a lower-than-average percentage
of their authorized vouchers, (ii) have low amounts of budget
authority in their net restricted assets accounts and HUD-
held programmatic reserves, relative to other agencies, and
(iii) are not participating in the Moving to Work
demonstration, to enable such agencies to lease more
vouchers; (5) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding;
and (6) for public housing agencies that have experienced
increased costs or loss of units in an area for which the
President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.): Provided further, That the Secretary
shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
[[Page H4866]]
(2) $150,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, HOPE VI and Choice
Neighborhood vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance or for project-based assistance to
prevent the displacement of unassisted elderly tenants
currently residing in section 202 properties financed between
1959 and 1974 that are refinanced pursuant to Public Law 106-
569, as amended, or under the authority as provided under
this Act: Provided, That when a public housing development
is submitted for demolition or disposition under section 18
of the Act, the Secretary may provide section 8 rental
assistance when the units pose an imminent health and safety
risk to residents: Provided further, That the Secretary
shall provide replacement vouchers for all units that cease
to be available as assisted housing, subject only to the
availability of funds: Provided further, That of the amounts
made available under this paragraph, $5,000,000 may be
available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay rents
greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section
202 loan that requires the permission of the Secretary prior
to loan prepayment; (B) the expiration of a rental assistance
contract for which the tenants are not eligible for enhanced
voucher or tenant protection assistance under existing law;
or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered
by the Secretary: Provided further, That such tenant
protection assistance made available under the previous
proviso may be provided under the authority of section 8(t)
or section 8(o)(13) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)): Provided further, That the Secretary
shall issue guidance to implement the previous provisos,
including, but not limited to, requirements for defining
eligible at-risk households within 60 days of the enactment
of this Act: Provided further, That any tenant protection
voucher made available from amounts under this paragraph
shall not be reissued by any public housing agency, except
the replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such
voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary may
provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-
Based Rental Assistance'' heading under this title where the
owner has received a Notice of Default and the units pose an
imminent health and safety risk to residents: Provided
further, That to the extent that the Secretary determines
that such units are not feasible for continued rental
assistance payments or transfer of the subsidy contract
associated with such units to another project or projects and
owner or owners, any remaining amounts associated with such
units under such contract shall be recaptured and used to
reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $1,925,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $30,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
HUD-VASH vouchers, and other special purpose incremental
vouchers: Provided, That no less than $1,895,000,000 of the
amount provided in this paragraph shall be allocated to
public housing agencies for the calendar year 2020 funding
cycle based on section 8(q) of the Act (and related
Appropriation Act provisions) as in effect immediately before
the enactment of the Quality Housing and Work Responsibility
Act of 1998 (Public Law 105-276): Provided further, That if
the amounts made available under this paragraph are
insufficient to pay the amounts determined under the previous
proviso, the Secretary may decrease the amounts allocated to
agencies by a uniform percentage applicable to all agencies
receiving funding under this paragraph or may, to the extent
necessary to provide full payment of amounts determined under
the previous proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds appropriated
to the Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements and in accordance
with the requirements of the MTW program, and shall be
subject to the same uniform percentage decrease as under the
previous proviso: Provided further, That amounts provided
under this paragraph shall be only for activities related to
the provision of tenant-based rental assistance authorized
under section 8, including related development activities;
(4) $225,000,000 shall be for the renewal of tenant-based
assistance contracts under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
including necessary administrative expenses: Provided, That
administrative and other expenses of public housing agencies
in administering the special purpose vouchers in this
paragraph shall be funded under the same terms and be subject
to the same pro rata reduction as the percent decrease for
administrative and other expenses to public housing agencies
under paragraph (3) of this heading:
(5) $5,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available
for renewal grants to recipients that received assistance
under prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients:
Provided further, That any amounts remaining after such
renewal assistance is awarded may be available for new grants
to recipients eligible to receive block grants under the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.) for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided further, That funds shall be awarded based
on need, and administrative capacity established by the
Secretary in a Notice published in the Federal Register after
coordination with the Secretary of the Department of Veterans
Affairs: Provided further, That renewal grants and new
grants under this paragraph shall be administered in
accordance with program requirements under the Native
American Housing Assistance and Self-Determination Act of
1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective
delivery and administration of such assistance: Provided
further, That grant recipients shall report to the Secretary
on utilization of such rental assistance and other program
data, as prescribed by the Secretary: Provided further, That
the Secretary may reallocate, as determined by the Secretary,
amounts returned or recaptured from awards under prior Acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 203 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That
assistance made available under this paragraph shall continue
to remain available for homeless veterans upon turn-over;
(7) $40,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue
to remain available for family unification upon turnover:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program that determines that it
no longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
program: Provided further, That of the amounts made
available under this paragraph, up to $20,000,000 shall be
for assistance for youth under section 8(x) of the Act:
Provided further, That notwithstanding other laws, the
Secretary shall, subject only to the availability of funds,
allocate such assistance to any public housing agencies that
(1) administer assistance under section 8(x), or seek to
administer such assistance, consistent with procedures
established by the Secretary, and (2) have requested such
assistance so that they may provide timely assistance to
eligible youth: Provided further, That public housing
agencies shall not reissue any assistance made available from
amounts under
[[Page H4867]]
this paragraph when the initial youth that received any such
assistance no longer receives it, unless approved by the
Secretary;
(8) $25,000,000 shall be made available for the mobility
demonstration authorized under section 235 of division G of
the Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f
note; Public Law 116-6; 133 Stat. 465), of which up to
$5,000,000 shall be for new incremental voucher assistance
and the remainder of which shall be available to provide
mobility-related services to families with children,
including pre- and post-move counseling and rent deposits,
and to offset the administrative costs of operating the
mobility demonstration: Provided, That incremental voucher
assistance made available under this paragraph shall be for
families with children participating in the mobility
demonstration and shall continue to remain available for
families with children upon turnover: Provided further, That
for any public housing agency administering voucher
assistance under the mobility demonstration that determines
that it no longer has an identified need for such assistance
upon turnover, such agency shall notify the Secretary, and
the Secretary shall recapture such assistance from the agency
and reallocate it to any other public housing agency or
agencies based on need for voucher assistance in connection
with such demonstration; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2020 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be rescinded:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from section 8
project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$2,855,057,000, to remain available until September 30, 2023:
Provided, That the amounts made available under this heading
are provided as follows:
(1) notwithstanding any other provision of law or
regulation, during fiscal year 2020, the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future;
(2) $28,000,000 shall be to support ongoing public housing
financial and physical assessment activities, pilot a new
physical inspection process, and implement the
recommendations made in the March 2019 Government
Accountability Office (GAO) report ``Real Estate Inspection
Center: HUD should Improve Physical Inspection Process and
Oversight of Inspectors'' (GAO-19-254);
(3) up to $16,000,000 shall be to support the costs of
administrative and judicial receiverships;
(4) not to exceed $30,000,000 shall be available for the
Secretary to make grants, notwithstanding section 203 of this
Act, to public housing agencies for emergency capital needs
including safety and security measures necessary to address
crime and drug-related activity as well as needs resulting
from unforeseen or unpreventable emergencies and natural
disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring
in fiscal year 2020: Provided further, That of the amount
made available under this paragraph, not less than
$10,000,000 shall be for safety and security measures:
Provided further, That in addition to the amount in the
previous proviso for such safety and security measures, any
amounts that remain available, after all applications
received on or before September 30, 2021, for emergency
capital needs have been processed, shall be allocated to
public housing agencies for such safety and security
measures;
(5) Provided further, That for funds provided under this
heading, the limitation in section 9(g)(1) of the Act shall
be 25 percent: Provided further, That the Secretary may waive
the limitation in the previous proviso to allow public
housing agencies to fund activities authorized under section
9(e)(1)(C) of the Act: Provided further, That the Secretary
shall notify public housing agencies requesting waivers under
the previous proviso if the request is approved or denied
within 14 days of submitting the request: Provided further,
That from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2020 to
public housing agencies that are designated high performers:
Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days
of enactment of this Act;
(6) $25,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce lead-based
paint hazards in public housing by carrying out the
activities of risk assessments, abatement, and interim
controls (as those terms are defined in section 1004 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
U.S.C. 4851b)): Provided further, That for purposes of
environmental review, a grant under this paragraph shall be
considered funds for projects or activities under title I of
the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) for purposes of section 26 of such Act (42 U.S.C.
1437x) and shall be subject to the regulations implementing
such section; and
(7) $25,000,000 shall be available for competitive grants
to public housing agencies for activities authorized under
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970, which
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning mold,
carbon monoxide poisoning, and other housing-related diseases
and hazards.
public housing operating fund
For 2020 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,753,116,000, to remain available until
September 30, 2021.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, schools, public
assets, transportation and access to jobs, $300,000,000, to
remain available until September 30, 2023: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That the
use of funds made available under this heading shall not be
deemed to be public housing notwithstanding section 3(b)(1)
of such Act: Provided further, That grantees shall commit to
an additional period of affordability determined by the
Secretary of not fewer than 20 years: Provided further, That
grantees shall provide a match in State, local, other Federal
or private funds: Provided further, That grantees may
include local governments, tribal entities, public housing
authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity:
Provided further, That for purposes of environmental review,
a grantee shall be treated as a public housing agency under
section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject
to the regulations issued by the Secretary to implement such
section: Provided further, That of the amount provided, not
less than $150,000,000 shall be awarded to public housing
agencies: Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
no more than $5,000,000 of funds made available under this
heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community:
Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the
heading ``Revitalization of Severely Distressed Public
Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal
years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall
issue the Notice of Funding Availability for funds made
available under this heading no later than 120 days after
enactment of this Act: Provided further, That the Secretary
shall make grant awards no later than one year from the date
of enactment of this Act in such amounts that the Secretary
determines: Provided further, That notwithstanding section
24(o) of the United States Housing Act of 1937 (42 U.S.C.
1437v(o)), the Secretary may, until September 30, 2023,
obligate any available unobligated balances made available
under this heading in this, or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency
Programs, to remain available until September 30, 2023,
$150,000,000: Provided, That the amounts made available under
this heading are provided as follows:
(1) $100,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42
U.S.C. 1437u), to promote the development of local strategies
to coordinate the use of assistance under sections 8 and 9 of
such Act with public
[[Page H4868]]
and private resources, and enable eligible families to
achieve economic independence and self-sufficiency: Provided,
That the Secretary may, by Federal Register notice, waive or
specify alternative requirements under subsections (b)(3),
(b)(4), (b)(5), or (c)(1) of section 23 of such Act in order
to facilitate the operation of a unified self-sufficiency
program for individuals receiving assistance under different
provisions of the Act, as determined by the Secretary:
Provided further, That owners of a privately owned
multifamily property with a section 8 contract may
voluntarily make a Family Self-Sufficiency program available
to the assisted tenants of such property in accordance with
procedures established by the Secretary: Provided further,
That such procedures established pursuant to the previous
proviso shall permit participating tenants to accrue escrow
funds in accordance with section 23(d)(2) and shall allow
owners to use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized
by section 34 of the United States Housing Act of 1937 (42
U.S.C. 1437z-6) and the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.);
and
(3) $15,000,000 shall be for a Jobs-Plus initiative,
modeled after the Jobs-Plus demonstration: Provided, That
funding provided under this paragraph shall be available for
competitive grants to partnerships between public housing
authorities, local workforce investment boards established
under section 107 of the Workforce Innovation and Opportunity
Act of 2014 (29 U.S.C. 3122), and other agencies and
organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are
necessary for the effective implementation of the Jobs-Plus
initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the
Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days
before the effective date of such notice: Provided further,
That for funds provided under this paragraph, the limitation
in section 9(g)(1) of the United States Housing Act of 1937
shall be 25 percent: Provided further, That the Secretary may
waive the limitation in the previous proviso to allow public
housing agencies to fund activities authorized under section
9(e)(1)(C) of such Act: Provided further, That the Secretary
shall notify public housing agencies requesting waivers under
the previous proviso if the request is approved or denied
within 14 days of submitting the request: Provided further,
That from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2020 to
public housing agencies that are designated high performers:
Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days
of enactment of this Act.
native american programs
(including transfer of funds)
For activities and assistance authorized under title I of
the Native American Housing Assistance and Self-Determination
Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), title I of
the Housing and Community Development Act of 1974 with
respect to Indian tribes (42 U.S.C. 5306(a)(1)), and related
training and technical assistance, $855,000,000, to remain
available until September 30, 2024, unless otherwise
specified: Provided, That amounts made available under this
heading are provided as follows:
(1) $671,000,000 shall be for the Native American Housing
Block Grants program, as authorized under title I of NAHASDA:
Provided, That, notwithstanding NAHASDA, to determine the
amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on
single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Department
shall notify grantees of their formula allocation within 60
days of the date of enactment of this Act;
(2) $2,000,000 shall be for the cost of guaranteed notes
and other obligations, as authorized by title VI of NAHASDA:
Provided, That such costs, including the costs of modifying
such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available
to subsidize the total principal amount of any notes and
other obligations, any part of which is to be guaranteed, not
to exceed $32,000,000;
(3) $100,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That the Secretary
shall obligate this additional amount for competitive grants
to eligible recipients authorized under NAHASDA that apply
for funds: Provided further, That in awarding this
additional amount, the Secretary shall consider need and
administrative capacity, and shall give priority to projects
that will spur construction and rehabilitation: Provided
further, That a grant funded pursuant to this paragraph
shall be not greater than $10,000,000: Provided further,
That up to 1 percent of this additional amount may be
transferred, in aggregate, to the Office of Public and Indian
Housing under paragraph (1) of the heading ``Program Office
Salaries and Expenses'' for necessary costs of administering
and overseeing the obligation and expenditure of this
additional amount: Provided further, That any funds
transferred pursuant to this paragraph shall remain available
until September 30, 2025;
(4) $75,000,000 shall be for grants to Indian tribes for
carrying out the Indian Community Development Block Grant
program under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of
law (including section 203 of this Act), up to $5,000,000 may
be used for emergencies that constitute imminent threats to
health and safety: Provided, That not to exceed 20 percent
of any grant made with funds appropriated under this
paragraph shall be expended for planning and management
development and administration: Provided further, That funds
provided under this paragraph shall remain available until
September 30, 2022; and
(5) $7,000,000 shall be for providing training and
technical assistance to Indian tribes, Indian housing
authorities and tribally designated housing entities, to
support the inspection of Indian housing units, contract
expertise, and for training and technical assistance related
to funding provided under this heading and other headings
under this Act for the needs of Native American families and
Indian country: Provided, That of the funds made available
under this paragraph, not less than $2,000,000 shall be
available for a national organization as authorized under
section 703 of NAHASDA (25 U.S.C. 4212): Provided further,
That notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
amounts made available under this paragraph may be used by
the Secretary to enter into cooperative agreements with
public and private organizations, agencies, institutions, and
other technical assistance providers to support the
administration of negotiated rulemaking under section 106 of
NAHASDA (25 U.S.C. 4116), the administration of the
allocation formula under section 302 of NAHASDA (25 U.S.C.
4152), and the administration of performance tracking and
reporting under section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $2,500,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, up to $1,000,000,000,
to remain available until expended: Provided further, That
up to $500,000 of this amount may be for administrative
contract expenses including management processes and systems
to carry out the loan guarantee program.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $2,500,000, to remain available until September 30,
2024: Provided, That notwithstanding section 812(b) of such
Act, the Department of Hawaiian Home Lands may not invest
grant amounts provided under this heading in investment
securities and other obligations: Provided further, That
amounts made available under this heading in this and prior
fiscal years may be used to provide rental assistance to
eligible Native Hawaiian families both on and off the
Hawaiian Home Lands, notwithstanding any other provision of
law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $410,000,000, to remain
available until September 30, 2021, except that amounts
allocated pursuant to section 854(c)(5) of such Act shall
remain available until September 30, 2022: Provided, That
the Secretary shall renew all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For carrying out the community development block grant
program under title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5301 et
seq.)(``the Act'' herein), $3,600,000,000, to remain
available until September 30, 2022, unless otherwise
specified: Provided, That unless explicitly provided for
under this heading, not to exceed 20 percent of any grant
made with funds appropriated under this heading shall be
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any
portion of
[[Page H4869]]
such funds to another such entity in exchange for any other
funds, credits or non-Federal considerations, but must use
such funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of
the Act, no funds provided under this heading may be provided
to a for-profit entity for an economic development project
under section 105(a)(17) unless such project has been
evaluated and selected in accordance with guidelines required
under subsection (e)(2): Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2020, commitments to guarantee loans
under section 108 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5308), any part of which is
guaranteed, shall not exceed a total principal amount of
$300,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in subsection (k) of such
section 108: Provided, That the Secretary shall collect fees
from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for
guaranteeing such loans, and any such fees shall be collected
in accordance with section 502(7) of the Congressional Budget
Act of 1974: Provided further, That such commitment
authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued
by any State on behalf of non-entitlement communities in the
State in accordance with the requirements of such section
108: Provided further, That any State receiving such a
guarantee or commitment under the previous proviso shall
distribute all funds subject to such guarantee to the units
of general local government in nonentitlement areas that
received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,750,000,000, to remain available
until September 30, 2023: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act (42 U.S.C. 12746(10), 12747(b)(4)) shall not apply
to allocations of such amount: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That section 218(g) of such Act (42 U.S.C. 12748(g)) shall
not apply with respect to the right of a jurisdiction to draw
funds from its HOME Investment Trust Fund that otherwise
expired or would expire in 2016, 2017, 2018, 2019, 2020,
2021, or 2022 under that section: Provided further, That
section 231(b) of such Act (42 U.S.C. 12771(b)) shall not
apply to any uninvested funds that otherwise were deducted or
would be deducted from the line of credit in the
participating jurisdiction's HOME Investment Trust Fund in
2018, 2019, 2020, 2021, or 2022 under that section and the
funds shall be invested only in housing to be developed,
sponsored, or owned by community housing development
organizations.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$55,000,000, to remain available until September 30, 2022:
Provided, That of the total amount provided under this
heading, $10,000,000 shall be made available to the Self-Help
Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996,
as amended: Provided further, That of the total amount
provided under this heading, $40,000,000 shall be made
available for the second, third, and fourth capacity building
activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 shall be made available for rural
capacity building activities: Provided further, That of the
total amount provided under this heading, $5,000,000 shall be
made available for capacity building by national rural
housing organizations with experience assessing national
rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits,
local governments, and Indian Tribes serving high need rural
communities.
homeless assistance grants
For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the Continuum of Care program as
authorized under subtitle C of title IV of such Act; and the
Rural Housing Stability Assistance program as authorized
under subtitle D of title IV of such Act, $2,800,000,000, to
remain available until September 30, 2022: Provided, That
not less than $290,000,000 of the funds appropriated under
this heading shall be available for such Emergency Solutions
Grants program: Provided further, That not less than
$2,344,000,000 of the funds appropriated under this heading
shall be available for such Continuum of Care and Rural
Housing Stability Assistance programs: Provided further,
That of the amounts made available under this heading, up to
$50,000,000 shall be made available for grants for rapid re-
housing projects and supportive service projects providing
coordinated entry, and for eligible activities the Secretary
determines to be critical in order to assist survivors of
domestic violence, sexual assault, dating violence, and
stalking: Provided further, That such projects shall be
eligible for renewal under the continuum of care program
subject to the same terms and conditions as other renewal
applicants: Provided further, That up to $7,000,000 of the
funds appropriated under this heading shall be available for
the national homeless data analysis project: Provided
further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as
a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such
funds: Provided further, That none of the funds provided
under this heading shall be available to provide funding for
new projects, except for projects created through
reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided
further, That the Secretary shall prioritize funding under
the Continuum of Care program to continuums of care that have
demonstrated a capacity to reallocate funding from lower
performing projects to higher performing projects: Provided
further, That all awards of assistance under this heading
shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and
employment programs for which homeless populations may be
eligible: Provided further, That any unobligated amounts
remaining from funds appropriated under this heading in
fiscal year 2012 and prior years for project-based rental
assistance for rehabilitation projects with 10-year grant
terms may be used for purposes under this heading,
notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter
Plus Care Renewal account and transferred to this account
shall be available, if recaptured, for Continuum of Care
renewals in fiscal year 2020: Provided further, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further,
That up to $100,000,000 of the funds appropriated under this
heading shall be to implement projects to demonstrate how a
comprehensive approach to serving homeless youth, age 24 and
under, in up to 25 communities can dramatically reduce youth
homelessness: Provided further, That of the amount made
available under the previous proviso, up to $10,000,000 shall
be available to provide technical assistance on improving
system responses to youth homelessness, and collection,
analysis, use, and reporting of data and performance measures
under the comprehensive approaches to serve homeless youth,
in addition to and in coordination with other technical
assistance funds provided under this title: Provided
further, That the Secretary may use up to 10 percent of the
amount made available under the previous proviso to build the
capacity of current technical assistance providers or to
train new technical assistance providers with verifiable
prior experience with systems and programs for youth
experiencing homelessness: Provided further, That such
projects shall be eligible for renewal under the continuum of
care program subject to the same terms and conditions as
other renewal applicants: Provided further, That youth aged
24 and under seeking assistance under this heading shall not
be required to provide third party documentation to establish
their eligibility under 42 U.S.C. 11302(a) or (b) to receive
services: Provided further, That unaccompanied youth aged 24
and under or families headed by youth aged 24 and under who
are living in unsafe situations may be served by youth-
serving providers funded under this heading: Provided
further, That the Secretary shall consider and award projects
based solely on the selection criteria from the fiscal year
2018 Notice of Funding Availability.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $12,190,000,000, to remain available until
expended, shall be available on October 1, 2019 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2019), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2020: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph: Provided further,
That of the total amounts provided under this heading, not to
exceed $345,000,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the
previous proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C.
[[Page H4870]]
1715z-1(a)); rent supplement payments pursuant to section 101
of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); section 236(f)(2) rental assistance payments (12
U.S.C. 1715z-1(f)(2)); project rental assistance contracts
for the elderly under section 202(c)(2) of the Housing Act of
1959 (12 U.S.C. 1701q); project rental assistance contracts
for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project
assistance contracts pursuant to section 202(h) of the
Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and
loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts
recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project
subject to a section 8 project-based Housing Assistance
Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in
an interest-bearing residual receipts account and that are in
excess of an amount to be determined by the Secretary, shall
be remitted to the Department and deposited in this account,
to be available until expended: Provided further, That
amounts deposited pursuant to the previous proviso shall be
available in addition to the amount otherwise provided by
this heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, for
project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for senior preservation
rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Housing and
Economic Opportunity Act of 2000, as amended, and for
supportive services associated with the housing,
$803,000,000, to remain available until September 30, 2023:
Provided, That of the amount provided under this heading, up
to $95,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects: Provided further,
That amounts under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of
section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary, project
funds that are held in residual receipts accounts for any
project subject to a section 202 project rental assistance
contract and, upon termination of such contract, are in
excess of an amount to be determined by the Secretary shall
be remitted to the Department and deposited in this account,
to remain available until September 30, 2023: Provided
further, That amounts deposited in this account pursuant to
the previous proviso shall be available, in addition to the
amounts otherwise provided by this heading, for amendments
and renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
available for amendments and renewals in addition to the
purposes for which such funds originally were appropriated:
Provided further, That of the total amount provided under
this heading, $10,000,000, shall be for a program to be
established by the Secretary to make grants to experienced
non-profit organizations, States, local governments, or
public housing agencies for safety and functional home
modification repairs to meet the needs of low-income elderly
persons to enable them to remain in their primary residence:
Provided further, That of the total amount made available
under the previous proviso, no less than $5,000,000 shall be
available to meet such needs in communities with substantial
rural populations.
housing for persons with disabilities
For capital advances, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as
amended, for project rental assistance for supportive housing
for persons with disabilities under section 811(d)(2) of such
Act, for project assistance contracts pursuant to section
202(h) of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667), including amendments to contracts for such
assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for project rental
assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of
the Cranston-Gonzalez National Housing Act, and for
supportive services associated with the housing for persons
with disabilities as authorized by section 811(b)(1) of such
Act, $258,510,000, to remain available until September 30,
2023: Provided, That amounts made available under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with
section 811 projects: Provided further, That, upon the
request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a
section 811 project rental assistance contract and, upon
termination of such contract, are in excess of an amount to
be determined by the Secretary shall be remitted to the
Department and deposited in this account, to remain available
until September 30, 2023: Provided further, That amounts
deposited in this account pursuant to the previous proviso
shall be available in addition to the amounts otherwise
provided by this heading for amendments and renewals:
Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to
or appropriated under this heading shall be used for
amendments and renewals in addition to the purposes for which
such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $60,000,000, to
remain available until September 30, 2021, including up to
$4,500,000 for administrative contract services: Provided,
That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners,
both current and prospective, with respect to property
maintenance, financial management or literacy, and such other
matters as may be appropriate to assist them in improving
their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor
training: Provided further, That for purposes of providing
such grants from amounts provided under this heading, the
Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual
appropriations.
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, noninsured rental housing projects,
$3,000,000, to remain available until expended: Provided,
That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after
fiscal year 2005, shall also be available for extensions of
up to one year for expiring contracts under such sections of
law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $12,400,000, to remain
available until expended, of which $12,400,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2020 so as to result in a
final fiscal year 2020 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620
shall be modified as necessary to ensure such a final fiscal
year 2020 appropriation: Provided further, That for the
dispute resolution and installation programs, the Secretary
of Housing and Urban Development may assess and collect fees
from any program participant: Provided further, That such
collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as
well as fees collected under section 620, for necessary
expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2021: Provided, That during fiscal year 2020, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain
available until September 30, 2021: Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2020, an additional
$1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000: Provided further, That
notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12
[[Page H4871]]
U.S.C. 1715z-20(g)), during fiscal year 2020 the Secretary
may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the
extent that the net credit subsidy cost for such insurance
does not exceed zero: Provided further, That for fiscal year
2020, the Secretary shall not take any action against a
lender solely on the basis of compare ratios that have been
adversely affected by defaults on mortgages secured by
properties in areas where a major disaster was declared in
2017 or 2018 pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $30,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2021: Provided, That
during fiscal year 2020, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $1,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$550,000,000,000, to remain available until September 30,
2021: Provided, That $27,000,000, to remain available until
September 30, 2021, shall be for necessary salaries and
expenses of the Office of Government National Mortgage
Association: Provided further, That to the extent that
guaranteed loan commitments exceed $155,000,000,000 on or
before April 1, 2020, an additional $100 for necessary
salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $3,000,000: Provided further, That
receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as
amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, as authorized by title V of the Housing and Urban
Development Act of 1970 (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary of
Housing and Urban Development under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, and for technical
assistance, $98,000,000, to remain available until September
30, 2021: Provided, That the amounts made available under
this heading may be used for the types of research and
studies otherwise provided for and authorized elsewhere under
this title: Provided further, That with respect to amounts
made available under this heading, notwithstanding section
203 of this title, the Secretary may enter into cooperative
agreements funded with philanthropic entities, other Federal
agencies, State or local governments and their agencies,
Indian tribes, tribally designated housing entities, or
colleges or universities for research projects: Provided
further, That with respect to the previous proviso, such
partners to the cooperative agreements must contribute at
least a 50 percent match toward the cost of the project:
Provided further, That for non-competitive agreements entered
into in accordance with the previous two provisos, the
Secretary of Housing and Urban Development shall comply with
section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note)
in lieu of compliance with section 102(a)(4)(C) with respect
to documentation of award decisions: Provided further, That
prior to obligation of technical assistance funding, the
Secretary shall submit a plan, for approval, to the House and
Senate Committees on Appropriations on how it will allocate
funding for this activity: Provided further, That none of
the funds provided under this heading may be available for
the doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $75,300,000, to remain
available until September 30, 2021: Provided, That grants
made available from amounts provided under this heading shall
be awarded within 120 days of enactment of this Act:
Provided further, That notwithstanding 31 U.S.C. 3302, the
Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to
develop on-line courses and provide such training: Provided
further, That of the funds made available under this heading,
up to $450,000 shall be available to the Secretary of Housing
and Urban Development for the creation and promotion of
translated materials and other programs that support the
assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing
and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $290,000,000, to remain available
until September 30, 2022, of which $56,000,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970, which
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That not less than $95,000,000 of
the amounts made available under this heading for the award
of grants pursuant to section 1011 of the Residential Lead-
Based Paint Hazard Reduction Act of 1992 shall be provided to
areas with the highest lead-based paint abatement needs:
Provided further, That of the amount made available for the
Healthy Homes Initiative, $5,000,000 shall be for the
implementation of projects in up to five communities that are
served by both the Healthy Homes Initiative and Department of
Energy weatherization programs to demonstrate whether the
coordination of Healthy Homes remediation activities with
weatherization activities achieves cost savings and better
outcomes in improving the safety and quality of homes:
Provided further, That each applicant shall certify adequate
capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a notice of funding
availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts,
still remaining available, may be used for any purpose under
this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is
undersubscribed and there are other program competitions
under this heading that are oversubscribed.
Cybersecurity and Information Technology Fund
For the mitigation against the exploitation of information
technology systems and personally identifiable information;
for the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and
program-specific information technology systems, and for the
continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-
related maintenance activities, $300,000,000, to remain
available until September 30, 2021, of which $20,000,000 may
be used for single family information technology systems of
the Federal Housing Administration: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts may be used for the
purposes specified under this Fund, in addition to any other
information technology purposes for which such amounts were
appropriated: Provided further, That not more than 10
percent of the funds made available under this heading for
development, modernization and enhancement may be obligated
until the Secretary submits to the House and Senate
Committees on Appropriations, for approval, a plan for
expenditure that--(A) identifies for each modernization
project: (i) the functional and performance capabilities to
be delivered and the mission benefits to be realized, (ii)
the estimated life-cycle cost, and (iii) key milestones to be
met; and (B) demonstrates that each modernization project is:
(i) compliant with the Department's enterprise architecture,
(ii) being managed in accordance with applicable life-cycle
management policies and guidance, (iii) subject to the
Department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed
project office.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $132,489,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project
[[Page H4872]]
owners with incentives to refinance their project at a lower
interest rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2020 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2020
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 207. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 208. The President's formal budget request for fiscal
year 2021, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 209. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 210. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2020 and 2021, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount of
any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not
[[Page H4873]]
eligible, to receive assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 212. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 213. Notwithstanding any other provision of law, in
fiscal year 2020, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall
be subject to the requirements under section 524 of MAHRAA.
Sec. 214. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 215. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under
section 9(d) for activities that are eligible under section
9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or
9(g)(2).
Sec. 216. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'' and ``Administrative Support
Offices,'' as well as each paragraph receiving appropriations
under the heading ``Program Office Salaries and Expenses'',
``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'',
and ``Office of Inspector General'' within the Department of
Housing and Urban Development.
Sec. 217. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2020, notify the
public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by
the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year
2020, the Secretary may make the NOFA available only on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary.
Sec. 218. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations. The annual budget submission for the program
offices and the Office of General Counsel shall include any
such projected litigation costs for attorney fees as a
separate line item request. No funds provided in this title
may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on
Appropriations.
Sec. 219. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds
appropriated for any office under the heading
``Administrative Support Offices'' or for any paragraph under
the heading ``Program Office Salaries and Expenses'' to any
other such office or account: Provided, That no
appropriation for any such office or account shall be
increased or decreased by more than 10 percent or $5,000,000,
whichever is less, without prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to
such Committees three business days in advance of any such
transfers under this section up to 10 percent or $5,000,000,
whichever is less.
Sec. 220. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary of Housing and
Urban Development (in this section referred to as the
``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or
regulations relating to the physical condition of any
property covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a section 8 contract
or contract for similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies
identified by the inspector at the project have been
corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but do not apply to such units assisted under section
8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC
inspection, the Secretary must provide the owner with a
Notice of Default with a specified timetable, determined by
the Secretary, for correcting all deficiencies. The Secretary
must also provide a copy of the Notice of Default to the
tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a
UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect, subject
to the exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent
the Secretary determines, in consultation with the tenants
and the local government, that the property is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report quarterly on all properties
covered by this section that are assessed through the Real
Estate Assessment Center and have UPCS physical inspection
scores of
[[Page H4874]]
less than 60 or have received an unsatisfactory management
and occupancy review within the past 36 months. The report
shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees
on Appropriations no later than 30 days after the enactment
of this Act, and on the first business day of each Federal
fiscal year quarter thereafter while this section remains in
effect.
Sec. 221. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2020.
Sec. 222. None of the funds in this Act provided to the
Department of Housing and Urban Development may be used to
make a grant award unless the Secretary notifies the House
and Senate Committees on Appropriations not less than 3 full
business days before any project, State, locality, housing
authority, tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the
Department or its offices.
Sec. 223. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment
(PNA).
Sec. 224. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Administration, or the
Department of Housing and Urban Development to insure,
securitize, or establish a Federal guarantee of any mortgage
or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any
other political subdivision of a State.
Sec. 225. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 226. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable
basis, or transferred to the Office of Policy Development and
Research in the Department of Housing and Urban Development
and functions thereof, for research, evaluation, or
statistical purposes, and which are unexpended at the time of
completion of a contract, grant, or cooperative agreement,
may be deobligated and shall immediately become available and
may be reobligated in that fiscal year or the subsequent
fiscal year for the research, evaluation, or statistical
purposes for which the amounts are made available to that
Office subject to reprogramming requirements in section 405
of this Act.
Sec. 227. Funds made available in this title under the
heading ``Homeless Assistance Grants'' may be used by the
Secretary to participate in Performance Partnership Pilots
authorized under section 526 of division H of Public Law 113-
76, section 524 of division G of Public Law 113-235, section
525 of division H of Public Law 114-113, and such authorities
as are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal year 2019: Provided, That such
participation shall be limited to no more than 10 continuums
of care and housing activities to improve outcomes for
disconnected youth.
Sec. 228. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015
and subsequent fiscal years for the continuum of care (CoC)
program as authorized under subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act, costs paid by program
income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are
eligible CoC costs that supplement the recipient's CoC
program.
Sec. 229. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of
funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to
transition from one Continuum of Care program component to
another.
(b) No more than 50 percent of each transition grant may be
used for costs of eligible activities of the program
component originally funded.
(c) Transition grants made under this section are eligible
for renewal in subsequent fiscal years for the eligible
activities of the new program component.
(d) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the Continuum
of Care and meet standards determined by the Secretary.
Sec. 230. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development to
direct a grantee to undertake specific changes to existing
zoning laws as part of carrying out the final rule entitled
``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272
(July 16, 2015)) or the notice entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Sec. 231. (a) Establishment of Fund.--There is hereby
established in the Treasury of the United States a fund to be
known as HUD HAG Fund (in this section referred to as the
``Fund'').
(b) Credits to Fund.--
(1) Future transfers.--Unobligated balances of recaptured
funds (except for amounts necessary for grant amount
corrections) appropriated by any Act in this or any
subsequent fiscal year under the account for ``Department of
Housing and Urban Development--Community Planning and
Development--Homeless Assistance Grants'' (in this section
referred to as the ``HAG account'') shall be transferred into
the Fund.
(2) Rescission and availability of fiscal year 2018
amounts.--Of any amounts appropriated under the HAG account
by the Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2018 (division L of
Public Law 115-141), 90 percent of any balances remaining
unobligated as of September 1, 2020, are hereby rescinded,
and an amount of additional new budget authority equivalent
to the amount rescinded is hereby appropriated and shall be
transferred to the Fund.
(c) Purposes.--Amounts transferred to the Fund shall be
available until expended, and in addition to such other funds
as may be available for such purposes, only for the following
purposes:
(1) For grants under the Continuum of Care program under
subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.).
(2) For grants under the Emergency Solutions Grant program
under subtitle B of title IV of such Act (42 U.S.C. 11371 et
seq.).
(3) Not less than 10 percent of amounts transferred to the
Fund shall be used only for grants, as established and
determined by the Secretary, in rural areas.
(4) Not less than 10 percent of amounts transferred to the
Fund shall be used for grants, as established and determined
by the Secretary, only pursuant to the declaration of a major
disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in the most
impacted and distressed areas resulting from such disaster.
(d) Transfer for Use.--
(1) Amounts in the Fund shall be transferred to the HAG
account before obligation and expenditure.
(2) Amounts in the Fund may be transferred to the HAG
account only after the expiration of the 15-day period
beginning upon the day that the Secretary of Housing and
Urban Development submits written notice to the Committees on
Appropriations of the House of Representatives and the Senate
of the planned use of such transferred amounts, except that
amounts transferred for the purposes specified in subsection
(c)(4) may be transferred with concurrent written notice to
such Committees.
Sec. 232. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary of Housing and Urban
Development in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 233. None of the funds made available by this Act may
be used to establish and apply review criteria, including
rating factors or preference points, for participation in or
coordination with EnVision Centers, in the evaluation,
selection, and award of any funds made available and
requiring competitive selection under this Act, except with
respect to any such funds otherwise authorized for EnVision
Center purposes under this Act.
Sec. 234. None of the funds made available to the
Department of Housing and Urban Development by this or any
other Act may be used to implement, administer, enforce, or
in any way make effective the proposed rule entitled
``Housing and Community Development Act of 1980: Verification
of Eligible Status'', issued by the Department of Housing and
Urban Development on May 10, 2019 (Docket No. FR-6124-P-01),
or any final rule based substantially on such proposed rule.
Sec. 235. (a) The Secretary of Housing and Urban
Development shall make available to grantees under programs
included under the Department's Consolidated Planning
Process, not later than the expiration of the 90-day period
beginning on the date of the enactment of this Act, the
prepopulated up-to-date housing and economic data and data
for both broadband and resilience assessment requirements, as
referred to in the HUD Response to the third comment under
section III.A. of the Supplementary Information included with
the final rule entitled ``Modernizing HUD's Consolidated
Planning Process To Narrow the Digital Divide and Increase
Resilience to Natural Hazards'', published by the Department
of Housing and Urban Development in the Federal Register on
Friday, December 16, 2016 (81 Fed. Reg. 91000).
(b) The Secretary of Housing and Urban Development shall
require such grantees to incorporate the broadband and
resilience components into the Consolidated Plan process not
later than the expiration of the 270-day period beginning on
the date of the enactment of this Act.
Sec. 236. None of the funds made available to the
Department of Housing and Urban Development by this or any
other Act may be used to implement, administer, enforce, or
in any way make effective any rule making any change to the
rule entitled ``Equal Access in Accordance With an
Individual's Gender Identity in Community Planning and
Development Programs'' published by the Department of Housing
and Urban Development in the Federal Register on September
21, 2016 (81 Fed. Reg. 64763) or to the
[[Page H4875]]
rule entitled ``Equal Access to Housing in HUD Programs
Regardless of Sexual Orientation or Gender Identity''
published by such Department in the Federal Register on
February 3, 2012 (77 Fed. Reg. 5662).
Sec. 237. Notwithstanding any other provision of law, the
notice issued by the Department of Housing and Urban
Development on February 20, 2015, and entitled ``Appropriate
Placement for Transgender Persons in Single-Sex Emergency
Shelters and Other Facilities'' (Notice CPD-15-02) shall have
the force and effect of law.
Sec. 238. The Secretary of Housing and Urban Development
may not, in this fiscal year or any fiscal year thereafter,
implement, require, enforce, or otherwise make effective any
change, amendment, or alteration to any term or condition of
the Annual Contributions Contract between the Secretary and
any public housing agency, as such contract was in effect as
of January 1, 2018, unless such change, amendment, or
alteration is made pursuant to a rule issued after notice and
an opportunity for public comment and in accordance with the
procedure under section 553 of title 5, United States Code,
applicable to substantive rules.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2020''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$8,400,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$28,000,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $23,274,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the
President's budget request for fiscal year 2021, the
Inspector General shall submit to the House and Senate
Committees on Appropriations a budget request for fiscal year
2021 in similar format and substance to those submitted by
executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital
lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $170,000,000, of which $5,000,000
shall be for a multi-family rental housing program.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2020, to result in a final appropriation from the
general fund estimated at no more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,100,000, to remain available until September 30, 2021.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2020, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the joint explanatory statement
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table accompanying the explanatory statement accompanying
this Act, accompanying reports of the House and Senate
Committee on Appropriations, or in the budget appendix for
the respective appropriations, whichever is more detailed,
and shall apply to all items for which a dollar amount is
specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations; and
[[Page H4876]]
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2020 from
appropriations made available for salaries and expenses for
fiscal year 2020 in this Act, shall remain available through
September 30, 2021, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 416. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 418. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner. A
department or agency shall not withhold or delay access by
the Inspector General in order to conduct internal reviews of
responsive documents, nor shall privileges preventing release
of agency documents to third parties be a basis for
withholding or delaying access to the Inspector General.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement. Within 5 calendar
days of the Inspector General's report, the department or
agency will provide the Committees on Appropriations of the
House of Representatives and the Senate with an accounting of
timeframe and efforts by the agency to provide OIG access.
Sec. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless
the Agency determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/
or program unless such awards or incentive fees are
consistent with 16.401(e)(2) of the Federal Acquisition
Regulations.
Sec. 420. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
Sec. 421. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 116-106. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
This Act may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act,
2020''.
DIVISION F--FAIR COMPENSATION FOR LOW-WAGE CONTRACTOR EMPLOYEES ACT OF
2019
SECTION 1. SHORT TITLE.
This division may be cited as the ``Fair Compensation for
Low-Wage Contractor Employees Act of 2019''.
SEC. 2. APPROPRIATION.
There is hereby appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary, to remain available until expended, for each
Federal agency subject to the lapse in appropriations that
began on or about December 22, 2018, for adjustments in the
price of contracts of such agency under section 3.
SEC. 3. BACK COMPENSATION FOR LOW-WAGE EMPLOYEES OF
GOVERNMENT CONTRACTORS IN CONNECTION WITH THE
LAPSE IN APPROPRIATIONS.
(a) In General.--Each Federal agency subject to the lapse
in appropriations that began on or about December 22, 2018,
shall adjust the price of any contract of such agency for
which the contractor was ordered to suspend, delay, or
interrupt all or part of the work of such contract, or stop
all or any part of the work called for in such contract, as a
result of the lapse in appropriations to compensate the
contractor for reasonable costs incurred--
(1) to provide compensation, at an employee's standard rate
of compensation, to any employee who was furloughed or laid
off, or who was not working, who experienced a reduction of
hours, or who experienced a reduction in compensation, as a
result of the lapse in appropriations (for the period of the
lapse); or
(2) to restore paid leave taken by any employee during the
lapse in appropriations, if the contractor required employees
to use paid leave as a result of the lapse in appropriations.
(b) Limitation on Amount of Weekly Compensation Covered by
Adjustment.--The maximum amount of weekly compensation of an
employee for which an adjustment may be made under subsection
(a) may not exceed the lesser of--
(1) the employee's actual weekly compensation; or
(2) $965.
(c) Timing of Adjustments.--The adjustments required by
subsection (a) shall be made as soon as practicable after the
enactment of this act.
[[Page H4877]]
(d) Definitions.--In this section:
(1) The term ``compensation'' has the meaning given that
term in section 6701 of title 41, United States Code.
(2) The term ``employee'' means the following:
(A) A ``service employee'' as that term is defined in
section 6701(3) of title 41, United States Code, except that
the term also includes service employees described in
subparagraph (C) of that section notwithstanding that
subparagraph.
(B) A ``laborer or mechanic'' covered by section 3142 of
title 40, United States Code.
SEC. 4. EFFECTIVE DATE.
This division shall take effect upon the date of enactment
of this Act.
SEC. 5. BUDGETARY EFFECTS.
(a) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this division shall not be
estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(b) Determination of Budgetary Effects.--The budgetary
effects of this division, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this division, submitted
for printing in the Congressional Record by the Chairman of
the House Budget Committee, provided that such statement has
been submitted prior to the vote on passage.
DIVISION G--EMPLOYMENT AUTHORITY
Sec. 1. Notwithstanding any other provision of law, an
entity may use amounts appropriated or otherwise made
available under the Legislative Branch Appropriations Act,
2020, to pay the compensation of an officer or employee
without regard to the officer's or employee's immigration
status if the officer or employee has been issued an
employment authorization document under the Deferred Action
for Childhood Arrivals Program of the Secretary of Homeland
Security, established pursuant to the memorandum from the
Secretary of Homeland Security entitled ``Exercising
Prosecutorial Discretion with Respect to Individuals Who Came
to the United States as Children'', dated June 15, 2012.
Sec. 2. Notwithstanding any other provision of law or
regulation, an alien who is authorized to be employed in the
United States pursuant to the Deferred Action for Childhood
Arrivals program established under the memorandum of the
Secretary of Homeland Security dated June 15, 2012, shall be
eligible for employment by the Government (including any
entity the majority of the stock of which is owned by the
Government).
The Acting CHAIR. No further amendment to the bill, as amended, shall
be in order except those printed in part B of House Report 116-119 not
earlier considered as part of amendments en bloc, amendments en bloc,
and pro forma amendments described in section 4 of House Resolution
445.
Each further amendment printed in part B of the report shall be
considered only in the order printed in the report, may be 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 445,
and shall not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Appropriations or her designee to offer amendments en bloc consisting
of further amendments printed in part B of House Report 116-119 not
earlier disposed of. Amendments en bloc offered pursuant to this
section shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their respective designees, shall
not be subject to amendment except amendments described in section 4 of
House Resolution 445, and shall not be subject to a demand for division
of the question.
Amendment No. 1 Offered by Mr. Burgess
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in part B of House Report 116-119.
Mr. BURGESS. Madam Chair, I call up amendment No. 1 to Division A of
H.R. 3055.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 18, line 10, after the dollar amount, insert
``(reduced by $2,500,000)''.
Page 48, line 20, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 55, line 21, after the dollar amount, insert
``(increased by $2,500,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from Texas (Mr. Burgess) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. BURGESS. Madam Chair, this amendment increases funding for the
Keep Young Athletes Safe Act grant program by $2.5 million.
The Keep Young Athletes Safe Act grant program provides funding for
nonprofit, nongovernmental entities to safeguard amateur athletes in
the Olympic program against emotional, physical, and sexual abuse. The
United States Center for SafeSport was created in the wake of the Larry
Nassar abuse scandal and is a qualifying grant recipient.
Congress only authorized $2.5 million for fiscal years 2018 through
2022 for this grant. In comparison, the United States Anti-Doping
Agency, set up to prevent doping in sport, receives $14 million
annually. Last year, SafeSport said it needed at least $10 million to
be able to serve the athletic community and adequately investigate
allegations of abuse.
While no abuse in sport should be tolerated, the protection of our
children from sexual misconduct should be a top priority. This
amendment doubles the amount appropriated for the Keep Young Athletes
Safe Act grant program for a total of $5 million for fiscal year 2019,
half of what is requested by the U.S. Center for SafeSport and $9
million below the U.S. Anti-Doping Agency.
Many of our young athletes go on to represent the United States in
world and Olympic competitions. They deserve to be safe. They deserve
to be supported as they pursue their goals and dreams through sport.
Madam Chair, this is a bipartisan amendment, and I encourage my
colleagues to vote in favor of protecting young athletes.
Mr. BURGESS. Madam Chair, I yield 2 minutes to the gentlewoman from
Indiana (Mrs. Brooks).
{time} 1645
Mrs. BROOKS of Indiana. Madam Chair, I rise today in support of the
Burgess-Brooks-DeGette-Kuster am- endment that would increase funding
for the Keep Young Athletes Safe grant program.
Every young athlete who dreams of the Olympic stage should be able to
compete and train in an environment that does not sacrifice their
personal safety for athletic excellence.
Unfortunately, this has not always been the case.
In 2016, my home newspaper, The Indianapolis Star, published an
investigative piece that exposed extremely troubling allegations of
sexual abuse at USA Gymnastics programs across the country by a medical
provider, a trainer of our young, Olympic gymnasts.
The U.S. Center for SafeSport, although created in 2011, was finally
federally recognized in 2017. It provides services to sports entities
on abuse prevention techniques, policies, and programs. It also offers
a safe, professional, and confidential place for individuals to report
allegations of sexual abuse with the U.S. Olympic and Paralympic
movements.
Our amendment today would increase funding for the grant program that
works to, as quickly and efficiently as possible, address the more
than, right now, over 800 claims of alleged abuse currently before the
U.S. Center for SafeSport. It would also allow more investigators to be
hired for expanded outreach and education efforts with athletes,
coaches, and parents across the country.
Protecting our young athletes from abuse is critically important.
Madam Chair, I urge my colleagues to vote ``yes'' on the amendment.
Mr. BURGESS. Madam Chair, I yield myself the balance of my time.
Madam Chair, I urge my colleagues to vote in favor of this amendment.
It is an important amendment and we need to get this done.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Burgess).
The amendment was agreed to.
Amendment No. 2 Offered by Ms. Scanlon
The Acting CHAIR. It is now in order to consider amendment No. 2
printed in part B of House Report 116-119.
Ms. SCANLON. Madam Chair, I have an amendment at the desk.
[[Page H4878]]
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 24, line 6, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 57, line 10, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 57, line 12, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 57, line 22, after the dollar amount, insert
``(increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentlewoman
from Pennsylvania (Ms. Scanlon) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentlewoman from Pennsylvania.
Ms. SCANLON. Madam Chair, thank you for allowing me to speak in
support of this amendment.
My amendment would increase funding for juvenile justice programs
authorized by the Juvenile Justice and Delinquency Prevention Act.
The JJDPA, which was recently reauthorized under the leadership of my
colleagues on the Education and Labor Committee, has been so
successful, that 47 States and six U.S. territories voluntarily
participate in its programs.
The JJDPA provides Federal funds to the States to decrease the
incidence of juvenile delinquency and invest funds in diversionary
programs to break the school-to-prison pipeline.
These programs have provided critical support to Pennsylvania's
efforts to reform the juvenile justice system and advance evidence-
based programs at the local level.
Too often, our most vulnerable youth have been caught in a vicious
cycle of poverty and oppression, which can land them in the juvenile
justice system, but well-funded, thoughtful juvenile justice programs
can divert youth away from the justice system, ensure fair and
equitable treatment, and protect incarcerated youth while keeping our
communities safe.
In Pennsylvania, projects funded by the JJDPA have been used to train
425 officers in 67 counties in evidence-based, effective, and cutting-
edge approaches to working with delinquent youth in ways that are
equitable, fair, and targeted to their risks and needs.
Increased funding will allow Pennsylvania and other States to expand
and enhance these important programs and help ensure that they are in
compliance with updates to the law.
Madam Chair, I am grateful to my colleagues on the Appropriations
Committee for increasing funding for these critical programs, but there
is still much work to be done.
My amendment would increase the total funding for these programs by
$2 million, representing a modest step in the right direction, and
affirming the important partnerships created by the JJDPA to protect
children, keep youth out of trouble, and keep our communities safe.
Madam Chair, 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
gentlewoman from Pennsylvania (Ms. Scanlon).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Rutherford
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part B of House Report 116-119.
Mr. RUTHERFORD. Madam Chair, I would like to speak in favor of the
amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 8, line 8, after the dollar amount, insert ``(reduced
by $3,500,000)''.
Page 14, line 3, after the dollar amount, insert
``(increased by $3,500,000)''.
Page 14, line 14, after the dollar amount, insert
``(increased by $3,500,000)''.
Page 14, line 15, after the dollar amount, insert
``(increased by $3,500,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from Florida (Mr. Rutherford) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. RUTHERFORD. Madam Chair, I thank the ranking member for this
opportunity.
Madam Chair, I represent three coastal counties along northeast
Florida's Atlantic Coast, and one of the biggest grievances that I hear
in our coastal fishing communities is that there are simply not enough
days to fish for red snapper.
Anglers tell me time and time again that they can't fish without
catching red snapper. One diver even relayed to me that the red snapper
were so thick over the reefs, that you could literally walk across
their backs.
Even so, Federal regulators only gave recreational anglers 5 days to
fish for red snapper in the South Atlantic this year, down from 6 days
the previous year, all of this because NOAA simply does not have
accurate data.
Lack of data leads to short seasons or, even worse, no seasons, which
devastates both recreational and commercial fishing and significantly
impacts Florida's economy.
To fix this problem, my amendment will increase the funding in this
bill for data collection of reef fish in the South Atlantic by $3.5
million, which will bring the total to $5 million, which is the same
amount that has been used for the last few years in the Gulf of Mexico,
where it has been incredibly effective.
The funding made available there to improve data collection in the
Gulf over the last few years has made significant improvement in Gulf
red snapper management. For example, in 2014, the Gulf red snapper
season was only 9 days. This year, it is 62 days.
So by providing NOAA with an increase for reef fish data collection
in the South Atlantic, we could ensure commercial and recreational
fishermen have stable access to this crucial fishery and enough fishing
days to maintain their businesses.
We have seen our neighbors along the Gulf use this funding very
successfully. The South Atlantic is in dire need of the same success.
Madam Chair, I urge all my colleagues to support this simple
amendment, which will greatly benefit the fishermen and the economies
all along the South Atlantic.
Madam Chair, I yield back the balance of my time.
Mr. SERRANO. Madam Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. SERRANO. Madam Chair, my primary objection with the gentleman's
amendment is with the offset. The National Telecommunications and
Information Administration, or NTIA, is not very well known by the
American people, but it is quite important.
The NTIA is critical to the deployment of 5G wireless network
technology around the country, which is an expressed goal of the
majority of Members on both sides of the aisle, as well as the White
House.
Additionally, NTIA is working to expand FirstNet, which ensures cell
phone connectivity for our first responders in disaster scenarios.
This amendment would cut NTIA's budget by 8 percent. For all these
important programs to continue, NTIA's role as the policy leader in the
area of cybersecurity, artificial intelligence, and data privacy, I
cannot support a big cut to this budget.
Madam Chair, I oppose the amendment and I urge my colleagues to do
the same.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Rutherford).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. RUTHERFORD. 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.
Mr. CLYBURN. Madam Chair, I rise as the designee of Chairwoman Lowey,
and I move to strike the last word.
The Acting CHAIR. The gentleman from South Carolina is recognized for
5 minutes.
Mr. CLYBURN. Madam Chair, I am a strong supporter of H.R. 3055, an
appropriations package that makes essential investments in economic
development, the rule of law, agriculture, our public lands, the
environment, our military servicemembers, and our veterans.
I rise today to highlight one particular set of provisions in this
appropriations package that are critical to
[[Page H4879]]
the communities that I represent, the 10-20-30 formula.
This formula requires that at least 10 percent of the funds in the
designated accounts be spent in counties with a poverty rate of at
least 20 percent for the past 30 years.
The Census Bureau has labeled nearly 500 counties as persistent
poverty counties. They are both geographically and ethnically diverse:
largely Black in the Deep South, White in Appalachia, Hispanic in the
southwest, and Native Americans all across the West. They are
politically diverse as well, with nearly three-fourths of them
represented by Republicans, one-fourth by Democrats.
The appropriations bills reported by the Appropriations Committee
apply the 10-20-30 formula or similar funding set-asides to 17
different accounts, three more than in fiscal year 2019. Sixteen of
these accounts are in the package we are considering today, ensuring
persistent poverty counties receive much-needed funds for rural
development.
This 10-20-30 formula has worked well. This year marks the 10th
anniversary of the first time it was enacted in the American Recovery
and Reinvestment Act, where it was applied to three accounts.
In the decade since, thanks in no small part to former Appropriations
Committee Chairman Hal Rogers and former Speaker Ryan, 10-20-30
accounts have made thousands of investments in persistent poverty
counties, totaling billions of dollars.
{time} 1700
One of these investments was in brownfields cleanup at the Mack
Theater in Irvine, Kentucky, which is in Estill County, Kentucky, in
the Sixth Congressional District of Kentucky, represented by Mr. Barr.
Community groups have long sought to restore this theater, which
closed in 1993, but previously were unable to address the
contamination. Thanks to 10-20-30, the River City Players, a community
theater group, is working to reopen the venue, which has the potential
to contribute to the revitalization of the entire area.
In addition to the expansion of the 10-20-30 formula in the bill, I
also appreciate the language in the committee reports, which expresses
support for new targeted funding for high-poverty census tracts that
may not be in persistent poverty counties but are often just as much in
need.
I look forward to working with the Appropriations Committee to build
upon this progress to include high-poverty census tracts in fiscal year
2021 and working with my friends Barbara Lee and Stacey Plaskett to
ensure all of the necessary communities and territories are included.
Madam Chair, there are many reasons to support this appropriations
package. I thank the committee for its longstanding collaboration on
10-20-30, and I am hopeful that Members on both sides of the aisle will
support these targeted investments in persistent poverty communities by
supporting this bill.
Mr. SERRANO. Madam Chair, I yield back the balance of my time.
Amendment No. 4 Offered by Mr. Scalise
The Acting CHAIR. It is now in order to consider amendment No. 4
printed in part B of House Report 116-119.
Mr. SCALISE. Madam Chair, I rise to offer an amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 74, line 13, after the dollar amount, insert
``(increased by $1,000,000)(reduced by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from Louisiana (Mr. Scalise) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. SCALISE. Madam Chair, I bring a bipartisan amendment that is
cosponsored by Congressman Cedric Richmond and Congressman Garret
Graves. What this amendment is really designed to do is highlight the
fact that, as we are embarking upon another mission now to Mars, an
ambitious mission to get men back into space, ultimately to go back to
the Moon, that we also want to make sure that, as we are investing
billions of dollars in this incredible equipment and incredible
technology that America has been so ingenuitive in designing, that we
also make sure we are maintaining those facilities that are key
components to building a lot of that technology and building these
massive rockets, like the SLS for Orion.
I am proud that we have the Michoud Assembly Facility in New Orleans.
It is actually in Congressman Richmond's district and has been a key
component to the space program going back to the Apollo days. There is
tremendous pride with the workforce and these massive facilities that
help design and build this incredible technology that allows these
missions to the Moon and these missions to Mars, ultimately.
So, as America is embarking on this great mission and an ambitious
mission that we should always continue to achieve, we are proud of our
Administrator of NASA, Jim Bridenstine, who actually came from this
House, served in this House, and now is very engaged in making sure
that this next ambitious mission to both the Moon and to Mars is being
carried out properly.
Again, we just want to highlight the fact that, as we are doing this,
we want to also make sure that we are maintaining those facilities that
are going to build the massive rockets and other technology and
equipment that will get us there.
Madam Chair, I yield back the balance of my time.
Mr. ADERHOLT. Madam Chair, I claim the time in opposition, although I
am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Alabama is
recognized for 5 minutes.
There was no objection.
Mr. ADERHOLT. Madam Chair, I rise in support of this amendment
offered by the gentleman from Louisiana.
NASA's plan for facilities to support our human exploration mission
is not sufficient, because nothing is more important than keeping our
American astronauts alive and safe on these exploration missions.
We will continue to support robust funding for NASA exploration. The
funding that is mentioned here, which is part of the SLS Orion and
related ground system programs, is critical and supports multiple NASA
facilities and personnel, and it even allows NASA engineers to assist
commercial space companies with complex engineering challenges.
I urge my colleagues' support of this amendment, Madam Chair, and
NASA's exploration programs.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Scalise).
The amendment was agreed to.
Amendments En Bloc No. 1 Offered by Mr. Serrano of New York
Mr. SERRANO. Madam Chair, pursuant to House Resolution 445, I offer
amendments en bloc, which are at the desk.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 5, 8, 14, 21,
29, 33, 37, 42, 45, 47, 59, 60, 62, 63, 64, 77, 80, and 87 printed in
part B of House Report 116-119, offered by Mr. Serrano of New York:
Amendment No. 5 Offered by Ms. Norton of District of Columbia
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 carry out section 3622(c)(2) of title 18, United
States Code.
Amendment No. 8 Offered by Ms. Waters of California
Page 24, line 6, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 57, line 10, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 57, line 22, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 58, line 1, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 14 Offered by Ms. Velazquez of New York
Page 37, line 8, after the dollar amount, insert ``(reduced
by $1) (increased by $1)''.
Amendment No. 21 Offered by Mr. Pascrell of New Jersey
Page 24, line 6, after the dollar amount, insert ``(reduced
by $5,000,000)''.
Page 48, line 20, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 51, line 15, after the dollar amount, insert
``(increased by $5,000,000)''.
[[Page H4880]]
Amendment No. 29 Offered by Ms. Moore of Wisconsin
Page 41, line 1, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 44, line 17, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 33 Offered by Mr. Cohen of Tennessee
At the end of division A (before the short title), insert
the following:
Sec. __. (a) None of the funds appropriated or otherwise
made available by this Act may be made available to enter
into any new contract, grant, or cooperative agreement with
any entity listed in subsection (b).
(b) The entities listed in this subsection are the
following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, ....................................
Istanbul, Sisli Punta Sel Este, Uruguay
Briar Hall Operations LLC, New York, DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp,
New York New York New York, New York
DT Dubai II Golf Manager LLC, New DT Home Marks International LLC, New DT Home Marks International Member
York, New York York, New York Corp, New York, New York
DT India Venture LLC, New York, New DT India Venture Managing Member DT Marks Baku LLC, New York, New
York Corp, New York, New York York
DT Marks Baku Managing Member Corp, DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New
New York, New York York York, New York
DT Marks Dubai II LLC, New York, New DT Marks Dubai II Member Corp, New ....................................
York York, New York
DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member DT Marks Jersey City LLC, New York,
York Corp, New York, New York New York
DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New DT Marks Qatar Member Corp, New
York York York, New York
DT Marks Products International LLC, DT Marks Product International DT Marks Pune LLC, New York, New
New York, New York Member Corp, New York, New York York
DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New DT Marks Pune II Managing Member
New York, New York York Corp, New York, New York
DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York, DT Marks Vancouver LP, New York, New
New York York
DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New DT Marks Worli Member Corp, New
Corp, New York, New York York York, New York
DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member Indian Hills Holdings LLC f/k/a
York Corp, New York, New York Indian Hills Development LLC, New
York, New York
Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member Lamington Family Holdings LLC, New
National Gold Club-Jupiter), New Corp, New York, New York York, New York
York, New York
Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New LFB Acquisition Member Corp, New
York, New York York York, New York
Mar A Lago Club, Inc, Palm Beach, Mar A Lago Club, L.L.C, New York, Nitto World Co, Limited, Turnberry,
Florida New York Scotland
OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New OWO Developer LLC, New York, New
York York, New York York
TIGL Ireland Enterprises Limited TIGL Ireland Management Limited, Ace Entertainment Holdings Inc (f/k/
(Trump International Golf Links- Doonbeg, Ireland a Trump Casinos Inc and formerly
Doonbeg), Doonbeg, Ireland Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Commercial Member Trump Chicago Commercial Manager Trump Chicago Development LLC, New
Corp, New York, New York LLC, New York, New York York, New York
Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New Trump Chicago Managing Member LLC,
York, New York York, New York New York, New York
Trump Chicago Member LLC, New York, Trump Chicago Residential Member Trump Chicago Residential Manager
New York Corp, New York, New York LLC, New York, New York
Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC, Trump Chicago Retail Member Corp,
New York New York, New York New York, New York
[[Page H4881]]
Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member Trump Drinks Israel LLC, New York,
New York, New York Corp, New York, New York New York
Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump Trump Endeavor 12 Manager Corp, New
York, New York National Doral), New York, New York York, New York
Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York, Trump Golf Coco Beach Member Corp,
York, New York New York New York, New York
Trump International Development LLC, Trump International Golf Club LC Trump International Golf Club
New York, New York (Trump International Golf Club- Scotland Limited, Aberdeen,
Florida), New York, New York Scotland
Trump International Golf Club, Inc, Trump International Hotel and Tower Trump International Hotel Hawaii
Palm Beach, Florida Condominium, New York, New York LLC, New York, New York
Trump International Hotels Trump International Management Corp, Trump Korean Projects LLC, New York,
Management LLC, New York, New York New York, New York New York
Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New Trump Marks Baja Corp, New York, New
New York York, New York York
Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York, Trump Marks Beverages Corp, New
York New York York, New York
Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York, Trump Marks Canouan, LLC New York,
New York New York New York
Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New Trump Marks Dubai Corp, New York,
New York York, New York New York
Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York, Trump Marks Egypt LLC, New York, New
York New York York
Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp, Trump Marks Ft. Lauderdale LLC, New
York, New York New York, New York York, New York
Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New Trump Marks Holding LP (FKA Trump
Corp, New York, New York York Marks LP), New York, New York
Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York, Trump Marks Istanbul II Corp, New
York, New York New York York, New York
Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New Trump Marks Jersey City LLC, New
York, New York York, New York York, New York
Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp, Trump Marks Menswear LLC, New York,
New York New York, New York New York
Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York, Trump Marks Mtg LLC, New York, New
New York, New York New York York
Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New Trump Marks New Rochelle Corp, New
New York York, New York York, New York
Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New Trump Marks Palm Beach LLC, New
York, New York York, New York York, New York
Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York, Trump Marks Philadelphia Corp, New
New York New York York, New York
Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New Trump Marks Philippines LLC, New
York, New York York, New York York, New York
Trump Marks Products LLC, New York, The Trump Organization, Inc, New ....................................
New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington
DC LCC, New York, New York DC Member Corp, New York, New York
Trump Old Post Office LLC, New York, Trump Old Post Office Member Corp,
New York New York, New York
Trump On the Ocean LLC, New York, Trump Organization LLC, New York, The Trump Organization, New York,
New York New York New York
Trump Pageants, Inc, New York, New Trump Palace Condominium, New York, Trump Palace/Parc LLC, New York, New
York New York York
[[Page H4882]]
Trump Panama Condominium Management Trump Panama Condominium Member Trump Panama Hotel Management LLC,
LLC, New York, New York Corp, New York, New York New York, New York
Trump Panama Hotel Management Member Trump Parc East Condominium, New Trump Park Avenue Acquisition LLC,
Corp, New York, New York York, New York New York, New York
Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York, Trump Payroll Corp, New York, New
York New York York
Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York Trump Plaza Member Inc (F/K/A Trump
York, New York Plaza Corp), New York, New York
Trump Productions LLC (former Rancho Trump Production Managing Member Trump Project Manager Corp, New
Lien LLC), New York, New York Inc, New York, New York York, New York
Trump Realty Services, LLc (f/k/a Trump Restaurants LLC, New York, Trump Riverside Management LLC, New
Trump Mortgage Services LLC (03) & New York York, New York
Tower Mortgage Services LLC), Palm
Beach, Florida
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Hotel Member Corp, New Trump Toronto Development Inc, New Trump Toronto Member Corp (formally
York, New York York, New York Trump Toronto Management Member
Corp), New York, New York
Trump Tower Commercial LLC, New Trump Tower Condominium Residential Trump Tower Managing Member Inc, New
York, New York Section, New York, New York York, New York
Trump Village Construction Corp, New Trump Vineyard Estates LLC, New Trump Vineyard Estates Manager Corp,
York, New York York, New York New York, New York
Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka Trump Virginia Acquisitions Manager
LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New Corp, New York, New York
LLC), New York, New York York, New York
Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp, Trump Wine Marks LLC, New York, New
New York New York, New York York
Trump Wine Marks Member Corp, New Trump World Productions LLC, New Trump World Productions Manager
York, New York York, New York Corp, New York, New York
Trump World Publications LLC, New Trump/New World Property Management Trump's Castle Management Corp,
York, New York LLC, New York, New York Atlantic City, NJ
Trump Marks White Plains Corp, New Turnberry Scotland Managing Member Turnberry Scotland LLC, Turnberry,
York, New York Corp, Turnberry, Scotland Scotland
TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland TW Venture I Managing Member Corp,
Florida Palm Beach, Florida
TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New Unit 2502 Enterprises Corp, Chicago,
Doonbeg, Ireland York IL
Unit 2502 Enterprises LLC, Chicago, VH Property Corp (Trump National VHPS LLC, Los Angeles, CA
IL Golf Club-Los Angeles), Los
Angeles, CA
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
[[Page H4883]]
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, WMTMF LLC, New York, New York Midland Associates, New York, New
New York York
Miss Universe L.P., LLP (formerly Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New
Trump Pageants, L.P.), New York, York, New York York
New York
40 Wall Street LLC, New York, New 401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills,
York Chicago, IL CA
Caribuslness Investments, S.R.L., County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New
Dominican Republic York
DJT Operations I LLC, New York, New DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin,
York Florida French West Indies
Fifty-Seventh Street Associates LLC, Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY
New York, New York Hill, NJ
Trump Turnberry , Turnberry, The East 61 Street Company, LP, New The Trump Corporation, New York, New
Scotland York, New York York
TIHT Commercial LLC, New York, New TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson
York New York Valley, Hopewell Junction, NY
Trump National Golf Club - Trump National Golf Club - Trump International Golf Links -
Charlotte, Charlotte, NC Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland
Trump Las Vegas Development LLC, Las Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New
Vegas, NV York, New York
Trump National Golf Club - 1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York
Washington DC, Potomac Falls, VA Florida
HWA 555 Owners, LLC, San Francisco, 1290 Avenue of the Americas, A Trump Tower Triplex, New York, New
CA Tenancy-In-Common, New York, New York
York
NIKIA DTW VENTURE LLC, Palm Beach, THC Vancouver Management Corp, TNGC Jupiter Management Corp,
Florida Vancouver, Canada Jupiter, FL
Trump Toronto Hotel Management Corp, Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality
New York, New York LLC, Miami, FL
THC IMEA Development LLC, New York, DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing,
New York LLC, Lido, Indonesia Inc., Las Vegas, NV
Albemarle Estate, Charlottesville, MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New
VA Scotland York City, New York
Trump International Golf Club, Trump World Golf Club Dubai, UAE Trump International Resort & Golf
Dubai, UAE Club Lido, Lido City, Indonesia
Seven Springs, Bedford, NY Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea
French West Indies
Trump Towers, Sunny Isles, FL
----------------------------------------------------------------------------------------------------------------
Amendment No. 37 Offered by Mr. McNerney of California
Page 79, line 25, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
Amendment No. 42 Offered by Ms. Adams of North Carolina
Page 24, line 6, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 48, line 20, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 48, line 22, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 49, line 8, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 45 Offered by Mr. Bera of California
Page 24, line 6, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 41, line 1, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 47 Offered by Mr. Castro of Texas
Page 24, line 6, after the dollar amount, insert ``(reduced
by $2,500,000)''.
Page 48, line 20, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 54, line 8, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 54, line 9, after the dollar amount, insert
``(increased by $2,500,000)''.
Amendment No. 59 Offered by Ms. Plaskett of Virgin Islands
At the end of division A (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act to
the Department of Justice may be used to prevent the Virgin
Islands from implementing its own law that authorizes the
use, distribution, possession, or cultivation of medical
marijuana.
Amendment No. 60 Offered by Ms. Plaskett of Virgin Islands
Page 107, line 13, before the period at the end, insert the
following: ``, or any territory or possession of the United
States''.
Amendment No. 62 Offered by Mr. Gottheimer of New Jersey
Page 24, line 6, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 48, line 20, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 51, line 22, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 63 Offered by Ms. Jayapal of Washington
Page 24, line 6, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 46, line 1, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 46, line 8, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 46, line 22, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 64 Offered by Ms. Jayapal of Washington
Page 54, line 5, after the dollar amount, insert ``(reduced
by $4,000,000) (increased by $4,000,000)''.
Amendment No. 77 Offered by Mr. Neguse of Colorado
Page 24, line 6, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 57, line 10, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 80 Offered by Mr. Pappas of New Hampshire
Page 24, line 6, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 48, line 20, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 54, line 17, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 55, line 17, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 87 Offered by Mr. Trone of Maryland
Page 24, line 6, after the dollar amount, insert ``(reduced
by $1,500,000)''.
[[Page H4884]]
Page 48, line 20, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 54, line 17, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 55, line 1, after the dollar amount, insert
``(increased by $1,500,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from New York (Mr. Serrano) and the gentleman from Alabama (Mr.
Aderholt) each will control 10 minutes.
The Chair recognizes the gentleman from New York.
Mr. SERRANO. Madam Chair, the amendments included in the en bloc were
made in order by the rule. I support the amendment and urge its
adoption.
I reserve the balance of my time.
Mr. ADERHOLT. Madam Chair, I yield back the balance of my time.
Mr. SERRANO. Madam Chair, I urge adoption of the amendments en bloc.
I yield back the balance of my time.
Ms. MOORE. Madam Chair, my amendment would add an additional $5
million for DOJ grants to Tribal Governments to support the exercise
special jurisdiction over those who commit domestic violence related
offenses on tribal lands.
Tribal sovereignty is absolute and non-negotiable.
This amendment fulfills our trust obligation to our First Peoples.
That is why in 2013, when I led VA WA reauthorization, I fought to
grant tribes the ability to prosecute those who commit acts of domestic
violence on tribal lands.
This ability is essential to protecting American Indian and Alaskan
Native women who currently experience the highest rates of domestic and
sexual violence.
Relying solely on federal law enforcement to investigate and
prosecute these cases has been wholly inadequate, allowing many to
escape justice despite committing despicable crimes against Native
women.
With this year's VA WA reauthorization, we built on previous changes
to allow tribes to act swiftly against those non-Native perpetrators
who assault law enforcement, commit sexual violence, engage in sex
trafficking, and engage in stalking.
We need to give them funding to robustly carry out existing and new
responsibilities. My amendment helps to that.
I thank my cosponsors, Rep. Deb Haaland, and Rep. Sharice Davids, for
their support and for working on this issue and I urge the House to
support my amendment.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from New York (Mr. Serrano).
The en bloc amendments were agreed to.
Amendments En Bloc No. 2 Offered by Mr. Serrano of New York
Mr. SERRANO. Madam Chair, pursuant to House Resolution 445, I offer
amendments en bloc, which are at the desk.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 6, 10, 18, 19,
20, 23, 24, 25, 26, 27, 28, 32, 35, 38, 39, 40, 41, 43, 46, 48, 50, 51,
52, 55, 56, 57, 61, 67, 69, 74, 86, 88, and 90 printed in part B of
House Report 116-119, offered by Mr. Serrano of New York:
amendment no. 6 offered by ms. waters of california
Page 24, line 6, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 41, line 1, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 43, line 10, after the dollar amount, insert
``(increased by $2,000,000)''.
amendment no. 10 offered by mr. rush of illinois
Page 24, line 6, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 48, line 20, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 52, line 9, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 52, line 11, after the dollar amount, insert
``(increased by $2,000,000)''.
amendment no. 18 offered by mr. mckinley of west virginia
Page 37, line 8, after the first dollar amount, insert
``(increased by $2,000,000) (reduced by $2,000,000)''.
amendment no. 19 offered by ms. jackson of texas
Page 42, line 3, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 42, line 3, after the dollar amount, insert
``(increased by $2,000,000)''.
amendment no. 20 offered by mr. hudson of north carolina
Page 46, line 16, after the dollar amount, insert
``(increased by $1,000,000)''.
amendment no. 23 offered by mr. langevin of rhode island
Page 24, line 6, after the dollar amount, insert ``(reduced
by $2,700,000)''.
Page 60, line 13, after the dollar amount, insert
``(increased by $2,700,000)''.
Page 60, line 18, after the dollar amount, insert
``(increased by $2,700,000)''.
Page 61, line 8, after the dollar amount, insert
``(increased by $2,700,000)''.
amendment no. 24 offered by mr. yoho of florida
Page 3, line 8, after the first amount, insert ``(reduced
by $2,000,000) (increased by $2,000,000)''.
amendment no. 25 offered by mr. yoho of florida
Page 72, line 4, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 72, line 4, after the dollar amount, insert
``(increased by $1,000,000)''.
amendment no. 26 offered by mr. lipinski of illinois
Page 79, line 25, after the dollar amount, insert
``(reduced by $1,200,000) (increased by $1,200,000)''.
amendment no. 27 offered by mr. babin of texas
Page 48, line 20, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
amendment no. 28 offered by mr. babin of texas
Page 14, line 3, after the dollar amount, insert ``(reduced
by $3,600,000)''.
Page 18, line 10, after the dollar amount, insert
``(increased by $3,600,000)''.
amendment no. 32 offered by mr. graves of louisiana
At the end of division A (before the short title), insert
the following:
Sec. __. None of the funds made available in this Act may
be used in contravention of the national standards for
fishery conservation and management as set out in section 301
of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1851).
amendment no. 35 offered by mr. courtney of connecticut
Page 12, line 5, after the dollar amount, insert ``(reduced
by $4,000,000) (increased by $4,000,000)''.
amendment no. 38 offered by mr. estes of kansas
Page 87, line 16, after the first dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
amendment no. 39 offered by mr. foster of illinois
Page 73, line 20, after the dollar amount, insert
``(increased by $1) (reduced by $1)''.
amendment no. 40 offered by mr. foster of illinois
Page 73, line 17, after the dollar amount, insert
``(reduced by $6,500,000) (increased by $6,500,000)''.
amendment no. 41 offered by mr. spano of florida
Page 3, line 8, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 18, line 10, after the dollar amount, insert
``(reduced by $2,000,000)''.
amendment no. 43 offered by ms. adams of north carolina
Page 41, line 1, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 41, line 15, after the dollar amount, insert
``(increased by $1,000,000)''.
amendment no. 46 offered by mr. gonzalez of texas
Page 25, line 7, after the first dollar amount, insert
``(reduced by $1) (increased by $1)''.
amendment no. 48 offered by mrs. murphy of florida
Page 14, line 3, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 14, line 14, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 14, line 15, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 18, line 10, after the dollar amount, insert
``(reduced by $2,000,000)''.
amendment no. 50 offered by mr. panetta of california
Page 48, line 20, after the dollar amount, insert
``(reduced by $15,000,000) (increased by $15,000,000)''.
amendment no. 51 offered by mr. panetta of california
Page 15, line 10, after the dollar amount, insert
``(reduced by $9,000,000)(increased by $9,000,000)''.
amendment no. 52 offered by mr. ruiz of california
Page 61, line 17, after the dollar amount, insert
``(increased by $2,000,000)''.
amendment no. 55 offered by mr. takano of california
Page, 26, line 14, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 56 offered by mr. beyer of virginia
Page 79, line 25, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 57 offered by mr. beyer of virginia
Page 73, line 3, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 73, line 3, after the dollar amount, insert ``(reduced
by $20,000,000)''.
amendment no. 61 offered by ms. blunt rochester of delaware
Page 41, line 1, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
[[Page H4885]]
amendment no. 67 offered by mr. delgado of new york
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 by the National Telecommunications and Information
Administration to update a broadband availability map using
only Form 477 data from the Federal Communications
Commission.
amendment no. 69 offered by mrs. fletcher of texas
Page 14, line 3, after the dollar amount, insert ``(reduced
by $1,500,000) (increased by $1,500,000)''.
amendment no. 74 offered by mr. mcadams of utah
Page 24, line 6, after the dollar amount, insert
``(decreased by $2,000,000)''.
Page 57, line 10, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 58, line 15, after the dollar amount, insert
``(increased by $2,000,000)''.
amendment no. 86 offered by ms. torres small of new mexico
Page 8, line 8, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
amendment no. 88 offered by mr. trone of maryland
Page 13, line 3, after the first dollar amount, insert
``(increased by $120,000,000) (reduced by $120,000,000)''.
amendment no. 90 offered by mr. collins of georgia
Page 50, line 13, insert after the comma the following:
``$20,000,000 is for grants authorized under the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public
Law 115-185),''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from New York (Mr. Serrano) and the gentleman from Alabama (Mr.
Aderholt) each will control 10 minutes.
The Chair recognizes the gentleman from New York.
Mr. SERRANO. Madam Chair, the amendments included in the en bloc were
made in order by the rule and have been agreed to by both sides. I
support the amendments and urge its adoption.
I reserve the balance of my time.
Mr. ADERHOLT. Madam Chair, I reserve the balance of my time.
Mr. SERRANO. Madam Chair, I yield 1\1/2\ minutes to the gentleman
from Connecticut (Mr. Courtney).
Mr. COURTNEY. Madam Chair, I thank Chairman Serrano for yielding.
Madam Chair, I rise in support of amendment No. 35 to direct the
National Institute of Standards and Technologies to establish standards
for pyrrhotite in concrete aggregate.
Pyrrhotite is a mineral that, unfortunately, has been mixed into
concrete aggregate and is widespread in concrete foundations in
residential, commercial, and municipal buildings in Connecticut and
Massachusetts and parts of Quebec, Canada, that, after exposure to
moisture, causes the material to prematurely crumble and collapse
because of rusting.
Again, estimates are as high as thousands of structures in the New
England region, causing catastrophic losses to homeowners and
municipalities.
By establishing standards for pyrrhotite content, NIST could mitigate
the problem from occurring in other areas, or at least reducing the
costs of mitigation. Right now, any level of pyrrhotite is considered a
cancer on a property and makes it unmarketable.
This amendment would allocate $4 million from the NIST's general
operations toward pyrrhotite research, which my office and others have
been discussing over the last year, and would require NIST to research
best testing methods for pyrrhotite detection as well as developing a
pyrrhotite risk rating scale. This amendment would utilize the world's
leading researchers to mitigate the cost of this problem.
I urge adoption of the en bloc, and again, I want to thank Mr.
Aderholt and Mr. Serrano for their kind support of this measure.
Mr. SERRANO. Madam Chair, I yield 1 minute to the gentleman from
Texas (Mr. Gonzalez).
Mr. GONZALEZ of Texas. Madam Chair, I rise today to offer bipartisan
solutions to a problem.
I would also like to acknowledge my friend and colleague, the
gentleman from Ohio, Congressman Stivers, for his support in this
effort.
This problem is in the backyard of every south Texan or any resident
along the border. The problem is an immigration system that is ill-
equipped to process immigrants on our southern border.
I assure you, we understand the complexity and the problem with much
more compassion than anyone in this country. The only way to relieve
pressure in this pressure cooker of a system is to process these cases
more efficiently.
In 2016, we had record-breaking numbers of cases. We had 521,000
cases. The number now is 876,000 cases waiting for asylum in this
country.
I asked a simple question of the Executive Office for Immigration
Review. I asked: What will it take to get these cases processed and up
to date so that immigrants may have a hearing on their claim within the
same year? The answer was to increase the agency's ability to hear
cases, which means more judges, more benches, and more support staff.
That is what my amendment seeks to do.
The only way we can reach into these detention centers is to act
immediately. I ask for my colleagues' support.
{time} 1715
Mr. ADERHOLT. Madam Chair, I rise in support of this en bloc
amendment.
I thank Chairwoman Lowey and Chairman Serrano for working with our
side of the aisle, including many provisions that are important to many
of our Members here on the Republican side.
Included in this en bloc group of amendments are several NASA and
science-related items that I wholeheartedly support.
Congressman Babin's amendment enables the Office of Space Commerce
and the Office, Commercial Remote Sensing Regulatory Affairs to better
assist American companies to be globally competitive, while still
retaining necessary requirements for consultation with relevant
agencies.
Representative Foster's amendment emphasizes the need for NASA to
move towards a demonstration stage of using safe, low-enriched uranium
for power on the Moon and in space, including thermal nuclear
propulsion to Mars.
Madam Chair, I appreciate Chairman Serrano's decision to offer this
bipartisan en bloc amendment, and I would urge my colleagues to support
it.
I reserve the balance of my time.
Mr. SERRANO. Madam Chair, I support the amendment and urge its
adoption. I hope everyone votes for it, and I yield back the balance of
my time
Mr. ADERHOLT. Madam Chair, I yield back the balance of my time.
Mr. BABIN. Madam Chair, my amendment, which is part of the en bloc
amendment 2, transfers $3.6 million to the Department of Commerce
Management account from NOAA's Operations, Research, and Facilities
account to facilitate the transfer of the Office of Space Commerce and
the Office of Commercial Remote Sensing Regulatory Affairs back to
where they are authorized by statute, thereby advancing U.S. leadership
in space commerce and commercial remote sensing.
Mr. ESTES. Madam Chair, I rise today in support of amendment 38 to
Division A of H.R. 3055 regarding a consistent tariff exclusion process
under Section 301 of the Trade Act of 1974.
According to the International Trade Administration, Section 301 of
the Trade Act provides the United States with the authority to enforce
trade agreements, resolve trade disputes, and open foreign markets to
U.S. goods and services. It is the principal statutory authority under
which the United States may impose trade sanctions on foreign countries
that either violate trade agreements or engage in other unfair trade
practices.
Since entering office, President Trump has used tariffs to help
secure trade deals with partners around the world.
While I don't believe tariffs should be a long-term solution for our
trade practices and overall economy, they have been successful in the
short-term in bringing countries like China to the negotiating table.
Yet as the process to negotiate new trade deals moves forward, we
must do everything possible to limit any potential negative impact on
businesses and consumers.
Since enacted, exclusions through Section 301 of the Trade Act have
allowed qualifying companies to avoid tariffs on necessary goods. This
ensures that companies that can only purchase a certain material or
good from one country are not punished if that country is subject to a
tariff.
While the administration has established an exclusion process for
Tranche 1 and 2 goods, it took prodding from Congress for an exclusion
process to be established for 301 tariffs on Tranche 3.
That's why today I am proposing amendment 38 to Division A of H.R.
3055 that would
[[Page H4886]]
ensure exclusions are evenly applied to all goods under Section 301.
This amendment provides consistency in the application of Section 301
and seeks to support businesses and consumers which rely on goods
covered by the section.
It's important to note this amendment does not support tariffs, which
as I said should not be a long-term strategy. However, similar to the
intent of language that was included in the Explanatory Statement for
the FY19 Continuing Resolution we passed in February, this amendment
would ensure that there is a consistent exclusion process for any
subsequent 301 tariff rounds.
Just last month, the administration increased tariffs from 10 percent
to 25 percent on nearly $200 billion of Tranche 3 Chinese goods,
highlighting the need for a consistent exclusion process moving
forward.
This amendment achieves that goal and I ask my colleagues to approve
it.
Ms. JACKSON LEE. Madam Chair, I rise in support of Chairwoman Lowey's
En Bloc Amendment No. 2, which includes Jackson Lee Amendment No. 19.
I wish to thank Chairman McGovern and Ranking Member Cole of the
Rules Committee for making this Jackson Lee Amendment in order.
I thank Chairman Serrano and Ranking Member Aderhold for their hard
work in bringing Division A, the Commerce-Justice-Science portion of
this omnibus appropriations legislative package, to the floor.
Madam Chair, thank you for the opportunity to explain my amendment,
which is simple and straightforward and ensures that our government
works to protect our children.
Jackson Lee Amendment No. 19, reprograms $2 million in the Office of
Justice Programs grant funding to support programs to engage adult men
and young persons to reduce and prevent domestic violence against
children.
This amendment will help ensure the safety of vulnerable children in
at-risk households, who are powerless to getting the help and attention
they need from our government.
To illustrate the need for this amendment, let me share with you the
tragic case of Maleah Davis, a 4-year-old little girl who lived in
Houston.
In the past, Texas Child Protective Services removed Maleah and her
two brothers from their home over reports of abuse, but returned them
to the home in February.
Maleah's mother dated her boyfriend for years and they shared a
toddler son together.
Maleah's mother had gone out of town when she left her daughter under
her boyfriend's care.
When the boyfriend initially reported that his girlfriend's daughter
was missing, he told detectives he had been attacked by unknown men a
day earlier and that they kidnapped Maleah.
However, surveillance video outside of the home shows Maleah never
left their apartment after she followed him in, and shows him carrying
a laundry basket with a trash bag out of the building a day before he
reported her missing.
Maleah's remains were later discovered in a bag along Interstate 30
in Arkansas.
Although the case has not been completed yet, there are valuable
lessons that we can learn from Maleah's and similar cases.
There have been similar cases to Maleah where the caretaker initially
reports a missing child but we later learn that the caretaker is
actually the suspect and perpetrator of the crime.
Similar cases include 5-year-old AJ Freund from Illinois, whose
father confessed to hiding his body in the basement, and 7-week-old
Shaylie Madden from North Carolina, whose mother has been charged with
first-degree attempted murder.
The nation has learned from Maleah and other similar stories that we
must do everything in our power to protect at risk children.
Maleah Davis should be alive today.
Horrible cases such as this should not be happening in America; we
need to make sure our checks and balances are keeping our children
safe.
The Jackson Lee Amendment will help to prevent such horrible and
tragic deaths of children.
Because with the flexibility provided under this amendment, the
Congress expects the Department of Justice to prioritize the safety of
children when distributing Office of Justice Programs grants to Child
Protective Services agencies and other local government units.
We must honor the legacy of children like Maleah and show our
commitment to ensuring the freedom and safety of our American children.
For these reasons, I urge my colleagues to support Jackson Lee
Amendment No. 19 by voting for the Chairman's En Bloc Amendment No. 2
to Division A of RCP 116-18.
Mr. BEYER. Madam Chair, my amendment would direct $20 million from
the top line of the Aeronautics account to the Aeronautics Research
Mission Directorate 3 into ultra-efficient flight, including electric
flight.
The point of the amendment is to help us move our commercial fleet of
planes currently dependent on fossil fuels to more climate friendly
alternatives.
One key way to do that is to sufficiently invest into the work the
Aeronautics Research Mission Directorate is doing into ultra-efficient
flight, including electric flight.
In the President's FY20 budget, it specifically said ``Electric
Aircraft Propulsion is showing great potential and industry interest
and is a focus of NASA.
The NASA Electric Aircraft Test Facility is enabling full scale
ground test of high-power electric propulsion systems, and technical
accomplishments will be building blocks demonstrating progress with
integration and test.
In FY 2020, NASA will begin a multi-year effort to solve the
technical challenges of a 1MW+ power electric propulsion system.
Further, NASA will initiate new ground and flight research activities
to validate these new electric systems in flight.''
From NASA's own website, ``NASA is investing in Electrified Aircraft
Propulsion (EAP) research to improve the fuel efficiency, emissions,
and noise levels in commercial transport aircraft.''
I'm offering my amendment to ensure that we are actually investing in
the pursuit of the electrification of commercial flight.
There is potential but in order to make that potential a reality we
need to fund the work of the Aeronautics Research Mission Directorate
into ultra-efficient commercial vehicles, including electric fight.
I urge my colleagues to support this amendment.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from New York (Mr. Serrano).
The en bloc amendments were agreed to.
The Acting CHAIR. It is now in order to consider amendment No. 7
printed in part B of House Report 116-119.
Amendment No. 9 Offered by Mr. King of Iowa
The Acting CHAIR. It is now in order to consider amendment No. 9
printed in part B of House Report 116-119.
Mr. KING of Iowa. Madam Chair, I seek recognition to take up
amendment No. 9 made in order by the rule.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 107, strike lines 14 through 18.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from Iowa (Mr. King) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. KING of Iowa. Madam Chair, I appreciate the opportunity to take
up amendment No. 9. What it does is, it addresses the circumstances of
the underlying bill and strikes lines 14 through 18.
Lines 14 through 18, the effect of that language is that it prohibits
the U.S. Census from asking the question as to whether a respondent to
the Census is a citizen of the United States.
There are people who have political reasons to want to prohibit
asking that question, but this great Nation of the United States of
America has an obligation to know what percentage of the people within
the United States, all of whom will be counted in this Census--the
qualifier to be counted in the Census of the United States is be a Homo
sapien, and that is all.
So we have several categories: We have categories of U.S. citizens
who need to be counted; we have categories of lawful permanent
residents who need to be counted; we have categories of visa holders
who will be counted; and we have illegal aliens who also will be
counted.
I wanted our Commerce Secretary to go further and to count each of
these categories separately and ask the question: If you are a citizen,
say so; if you are a noncitizen, but you are lawfully present in
America, tell us by what legal authority you are; and if you are
unlawfully present, give us that answer, too, so we can look at the
whole cross section of the 30 million Americans that we are and
understand the configuration of our people.
Our Founding Fathers called for a mandatory Census at the end of
every 10 years for the purpose of reapportionment and redistricting;
and so it has been so very important that, for redistricting purposes,
when we count the American people, we know what categories they fit in.
[[Page H4887]]
The Commerce Department has dialed this down from the bill that I
introduced, and they simply asked to separate the difference between
U.S. citizens and noncitizens, which puts illegal aliens and other visa
holders in the same category.
I think we should go further, but all we are going to get is citizen
or noncitizen, and that is what the Commerce Department has called for.
The legitimacy of that question is important, and it is important
that we understand that the voices in this Congress be the voices of
American citizens, not the voices of illegal aliens.
There was a study that was done two Censuses ago that showed that six
congressional districts in California, theoretically, could have been
represented by all illegal aliens. So that diminishes and dilutes the
votes and the representation of American citizens.
Furthermore, when electoral votes are cast for the votes of President
of the United States, those electoral votes are added up. They also
total illegal aliens in the United States of America.
So, for this, I bring this amendment to correct this language, which
is in the underlying bill, and assure that we count citizens separate
from all the rest and remind people that, even though I would like to
be able to count legals and illegals in separate categories and visa
holders in separate categories, that isn't even proposed by our Census
Department.
This is a mild approach by the Trump administration and is seeking to
be undermined by the language that exists in the underlying bill.
Madam Chair, I appreciate the attention, and I reserve the balance of
my time.
Mr. SERRANO. Madam Chair, I rise in strong opposition to the
amendment.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. SERRANO. Madam Chair, the inclusion of the citizenship question
was a unilateral decision by Secretary Ross last year. Secretary Ross
chose to overrule recommendations from nonpartisan experts at the
Census Bureau and ignore the potential impacts, including those the
question would have on response rates to the Census, without rigorous
testing and analysis.
Even more recently, additional evidence on the other side's attempts
to abuse the Census in an effort to gerrymander districts has come to
light. Files recently discovered from a Republican redistricting
specialist revealed that the citizenship question would result in a
structural electoral advantage for Republicans and non-Hispanic Whites.
The Voting Rights Act enforcement excuse the Republicans lean on is
nothing more than a ruse and their solution in search of what they view
as a problem.
It is unfortunate that they have turned to the Census to play this
political game to undermine the American people.
Most changes to the Census undergo years of testing and analysis
before being added to the decennial Census form. The reason we have
that process is to better understand the impact a change can have on
the response rate and accuracy of the Census. It allows for the Bureau
to better plan and adjust its operational and outreach strategies.
Census is only testing the impact of the question this summer with
results anticipated in October, after critical milestones have passed.
The administration leaves no time for the Census to mitigate the
potential impact of what they may find.
Wilbur Ross refused to listen to the expert advice of advocates and
experts at the Bureau who did not recommend adding an untested question
so late in the process.
Additionally, there is no doubt that including this question will
have a serious negative impact on the self-response rate of the Census.
People would simply choose not to respond to the Census form, and the
Bureau will be forced to engage in expensive, in-person follow-up that
was not originally assumed in their cost estimate.
This should not be an issue that divides us. It should not matter
whether you live in a red or blue State or whether you represent an
urban or rural district. The question will impact everyone.
This amendment will reduce the accuracy and increase the undercount
in places like Florida, Texas, Alabama, Michigan, California, and New
York. This, in turn, will affect reapportionment and the distribution
of Federal funds for the next decade in many of the communities we
represent.
We can and should do better. Our Constitution is clear. It requires
that we count all persons every 10 years.
In conclusion, the issue is very simple: If you represent a community
that will be undercounted by this question, then you should oppose the
amendment. If you support the strict interpretation of the
Constitution, then you should also oppose this amendment.
Madam Chair, I urge a ``no'' vote, and I reserve the balance of my
time.
Mr. KING of Iowa. Madam Chair, I yield as much time as he may consume
to the gentleman from Alabama (Mr. Aderholt).
Mr. ADERHOLT. Madam Chair, I rise in support of the amendment.
Unfortunately, there is a campaign that seems to be of fear that
surrounds this citizenship question. It really should be an educational
campaign.
I would just like to reiterate some important facts about the Census
itself.
The proposed question regarding citizenship status only asks if a
respondent is a citizen, as has already been pointed out. It does not
ask if the respondent is here lawfully or not.
Also, a person's response, if they are not a citizen, does not
provide the government with any reliable information about whether they
are lawfully present in the U.S.
Furthermore, by law, the Census Bureau cannot, and it will not,
disclose anyone's sponsor or share data from which any individual can
be identified by ICE or any other Federal agency.
Fortunately, the Census Bureau is deploying expert communicators and
trusted messengers to conduct local outreach in hard-to-count
communities and motivate each and every person to respond to the
Census.
A successful 2020 Census will provide a full and accurate and a
secure account of every person who is living in the United States,
while gathering the data vital to both understanding our Nation's
changing demographics and bolstering enforcement of the Voting Rights
Act.
The citizenship question does not threaten anyone. The bill includes
the outreach sources needed to make this fact abundantly clear to
everyone. Inclusion of this provision will only serve to sow more
confusion and to make the allocation of the 2020 Census more difficult.
For those reasons, I urge a ``yes'' vote on the amendment.
The Acting CHAIR. The time of the gentleman from Iowa has expired.
Mr. SERRANO. Madam Chair, the gentleman is correct: There is a
campaign of fear, but it is not by what we are doing here. It is what
Wilbur Ross wanted to do.
The Constitution is clear. Count all the people: not the Whites, not
the Blacks, not the Hispanics, not women, not men, Republicans or
Democrats--all the people.
And so it is really strange to me that people in many districts that
do not support our position are not yelling. After all, you may not
like undocumented people in your district, but they, if they get
counted, bring more Federal dollars, allow for more redistricting
properly. So why would you oppose that?
Let us speak to the Constitution.
Yes, there is a campaign of fear, and it was fear to try to put into
people who were undocumented to say: We are going to ask you your
citizenship. Although we are not supposed to ask you that, we are going
to ask you that, and maybe that will turn you away from filling out the
form, which is what will happen, and we will not get an accurate count.
Lastly, it is in everyone's interest in this country to get an
accurate count.
The Acting CHAIR. Members are reminded to address their remarks to
the Chair.
Mr. SERRANO. Madam Chair, may I inquire how much time the other side
has remaining.
The Acting CHAIR. The gentleman from New York has the only time
remaining.
Mr. SERRANO. Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
[[Page H4888]]
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. KING of Iowa. 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 Iowa will be
postponed.
{time} 1730
Amendment No. 11 Offered by Mr. Posey
The Acting CHAIR. It is now in order to consider amendment No. 11
printed in part B of House Report 116-119.
Mr. POSEY. 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 74, line 13, after the dollar amount, insert
``(increased by $1,969) (reduced by $1,969)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from Florida (Mr. Posey) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. POSEY. Madam Chair, it is about time for a bipartisan amendment
after all that stuff, and we are going to offer one here. That is why I
rise in support of this amendment offered by my colleague, Frederica
Wilson, and myself.
The amendment highlights the 50th Anniversary of the Apollo 11
mission to the Moon and back, which launched from NASA's Kennedy Space
Center. On July 20, 1969, NASA Astronaut Neil Armstrong took the first
historic steps on the Moon and declared: ``That's one small step for
man, one giant leap for mankind.''
It was the greatest technological feat in the history of mankind. And
what makes it even more remarkable is when we think back 50 years ago,
this was all done with slide rules. Our daughters' iPhones have
thousands of times more power than all of the Apollo computers
combined.
This amendment is offered to honor Neil Armstrong, Buzz Aldrin,
Michael Collins, the men and women of NASA, and especially the
contractors in virtually every State across the Nation who made that
possible with the support of the American taxpayers, without whose
support the Apollo program would not have been possible.
Space exploration is one of the greatest examples of American
leadership and the boldness of the human spirit. It is important to our
national security, our technological advancement, and, ultimately, the
survival of our species.
Space is also vital to the American economy. The space industry
generates more than $400 billion in economic activity. In Florida
alone, the space industry impact totals over $19 billion annually and
130,000 jobs.
In recognition of the historic achievement of the Apollo 11 mission,
I want to urge my colleagues to cosponsor H. Res. 443, the bipartisan
resolution recognizing the 50th anniversary of the Apollo 11 Moon
landing.
Madam Chairwoman, I reserve the balance of my time.
Mr. SERRANO. Madam Chairwoman, I rise in opposition to the amendment,
although I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman from New York is
recognized for 5 minutes.
There was no objection.
Mr. SERRANO. Madam Chair, I commend the gentleman and his cosponsors
on this amendment, highlighting July 20, 1969, the 50th anniversary of
the United States landing a man on the Moon.
I have no opposition to the amendment.
I yield 1\1/2\ minutes to the gentlewoman from Florida (Ms. Wilson).
Ms. WILSON of Florida. Madam Chairwoman, I rise in opposition,
although I am not opposed to the amendment.
I am pleased to join my long-time friend and colleague from Florida,
Congressman Bill Posey, in supporting amendment No. 11, which we
coauthored.
Our amendment equally increases and decreases NASA's exploration
account by $1,969 to highlight the 50th Anniversary of the Apollo 11
mission which occurred on July 20, 1969.
This amendment is part of a year-long, bipartisan effort we have
undertaken to commemorate the 50th anniversary and to honor the
incredible women and men who contributed to the mission's success and
empowered the next generation of astronauts and aerospace engineers.
In the 114th Congress, we introduced and secured passage of the
Apollo 11 50th Anniversary Commemorative Coin Act which was signed into
law by President Obama. Proceeds from the sale of the coin will support
aerospace education and scholarships. When one thinks of the most awe-
inspiring events of the 20th century, Neil Armstrong taking the
historic first steps on the Moon and declaring: ``That's one small step
for man, one giant leap for mankind,'' certainly comes to mind.
I want to especially acknowledge the work of Miss Katherine Johnson,
a pioneering African American mathematician whose calculations ensured
that the Apollo crew landed on the Moon and returned home safely.
American space exploration continues to inspire our next generation
of pioneers and innovators, through an ambitious array of missions and
destinations and support thousands of jobs in my home State of Florida
and throughout our Nation.
I urge my colleagues to join me in supporting this bipartisan
amendment and thank Congressman Posey for his leadership on space
issues.
Mr. SERRANO. Madam Chair, I urge bipartisan support and I yield back
the balance of my time.
Mr. POSEY. Madam Chairwoman, I yield to the gentleman from Alabama
(Mr. Aderholt), my good friend and staunch space supporter.
Mr. ADERHOLT. Madam Chairwoman, I rise in support of this amendment
that is offered by the gentleman from Florida. It is in human nature to
explore.
Wernher von Braun and his team in Huntsville, Alabama, designed the
rockets that took us to the Moon. The Marshall Space Flight Center
which is just north of the district I represent in Alabama, put the
shuttle through full-scale stress tests as part of its safety
certification. Now, the Space Launch System rocket, the most powerful
rocket in the world, is 80 percent assembled.
With Orion on top--the capsule which allows deep space exploration--
the SLS will launch from Cape Canaveral.
As we celebrate the 50th Anniversary of the Apollo 11 mission to the
Moon, we further honor it by pushing ahead with the SLS mission, which
will land the first female American astronaut on the Moon's surface.
Madam Chairwoman, I urge support of this amendment.
Mr. POSEY. Madam Chair, I ask my colleagues to join Congresswoman
Wilson and I in supporting this bipartisan amendment and cosponsoring
H. Res. 443.
I would like to thank Congresswoman Wilson for her working with me on
this issue, and many other space-related issues, and I would also like
to thank her staffer, Jean Roseme and our own John Schweikert for their
help in moving this forward.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Posey).
The amendment was agreed to.
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 116-119.
Mr. SCOTT of Virginia. Madam Chairwoman, 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 32, line 19, after the dollar amount, insert
``(reduced by $13,000,000)''.
Page 57, line 10, after the dollar amount, insert
``(increased by $13,000,000)''.
Page 57, line 22, after the dollar amount, insert
``(increased by $13,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, 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. Madam Chairwoman, I rise in support of this
amendment. It is a straightforward amendment transferring $13 million
from the Federal Prisoner Detention
[[Page H4889]]
account to support local delinquency prevention grants authorized under
the Juvenile Justice and Delinquency Prevention Act.
Last Congress, I was honored to work with my colleague, the
gentlewoman from North Carolina, then chair, now Ranking Member
Virginia Foxx, to reauthorize JJDPA, and it passed without opposition
and was signed by the President last year.
Included in that bill was an overhaul of title V of the act which
authorizes grants for local delinquency prevention. That overhaul
included provisions of the Youth PROMISE Act which I first introduced
in 2007.
The Youth PROMISE Act model is based on what we all know, and that
is, that evidence-based prevention and intervention programs can stop
young people from heading down the wrong path and instead, keep them on
the right track, usually saving more money in the long run than the
programs cost. I reserve the balance of my time.
Mr. ADERHOLT. Madam Chair, I rise in reluctant opposition to the
amendment.
The Acting CHAIR. The gentleman from Alabama is recognized for 5
minutes.
Mr. ADERHOLT. Madam Chair, as I mentioned, I do rise in reluctant
opposition to the amendment. The U.S. Marshals Service's Federal
Prisoner Detention account supports detention of all who are remanded
to the custody of the Attorney General ahead of trial or sentencing.
Of the largest segments of the average daily population of 61,000, 31
percent are held on drug charges; 24 percent are held on immigration
charges; and 14 percent on firearm charges.
Moreover, the detention of individuals for these offenses is on the
rise. The U.S. Marshals Service cannot afford to see this account
reduced by this magnitude. There are some dangerous offenders out
there. Again, I think this is an important program, but I don't think
it is in the best interest to pull this money from the United States
Marshals Service, and, therefore, I urge a ``no'' vote on the
amendment.
I reserve the balance of my time.
Mr. SCOTT of Virginia. Madam Chairwoman, I yield 2 minutes to the
gentlewoman from North Carolina (Ms. Foxx).
Ms. FOXX of North Carolina. Madam Chairwoman, I thank the gentleman
for yielding.
Madam Chairwoman, this amendment is about preventing harm to
communities and supporting local control. The Youth PROMISE program was
enacted as a part of the broader and very bipartisan Juvenile Justice
and Delinquency Prevention Act reauthorization.
These reforms were focused on giving States and local authorities the
ability to help prevent delinquency and put these young people on a
path to success. Delinquency prevention is the key to helping local
communities thrive, and the Youth PROMISE program will be a critical
tool in their work.
I particularly like this program because it is not a one-size-fits-
all approach, as Washington so often wants to do. Rather, this program
is a complete toolbox of options for State and local officials to
determine what is needed to help them address the problems they may be
facing, or, even better, help young people before there is real
trouble. That is what prevention is all about.
I also like this program because it is the essence of true
bipartisanship, and it was the authorizing committee coming together to
evaluate the need, consider the evidence, and develop a better plan to
help people in need.
I should not be surprised, but I was when I saw the Appropriations
Committee continued to fund their projects rather than building off of
the hard, bipartisan work of the authorizing committee. If we want
Washington to work, we need to start by having the appropriators work
more closely with the authorizers.
While this amendment will not address all of these issues, it is a
start. These funds will help make this a program that we will be able
to assess and, hopefully, see some real success.
I was pleased Mr. Scott and I were able to come to an agreement on
positive reforms that will help young people in all of our communities
last Congress, and I appreciate working with him now on this continued
priority for our committee. I urge support of the amendment.
Mr. ADERHOLT. Madam Chair, I yield back the balance of my time.
Mr. SCOTT of Virginia. Madam Chairwoman, investments in prevention
can avoid the necessity for incarceration.
Texas found this out several years ago when their appropriations
committee was told that they needed to come up with $2 billion--one
State--$2 billion in prison construction to deal with their increasing
prison population. They, instead, invested about 10 percent of that in
prevention, early intervention, and rehabilitation effectively, and
found that after that investment, they didn't need to build any new
prisons at all.
{time} 1745
That is the focus of the Youth PROMISE Act. I hope we can adopt the
amendment's focus on prevention, early intervention, and rehabilitation
rather than just mass incarceration.
Madam Chair, 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 amendment was agreed to.
Amendment No. 13 Offered by Mr. Walberg
The Acting CHAIR. It is now in order to consider amendment No. 13
printed in part B of House Report 116-119.
Mr. WALBERG. 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 for activities prohibited by the order issued by the
Attorney General entitled ``Prohibition on Certain Federal
Adoptions of Seizures by State and Local Law Enforcement
Agencies'' (Order No. 3488-2015, dated January 16, 2015).
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from Michigan (Mr. Walberg) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. WALBERG. Madam Chair, I rise today to support my bipartisan
amendment that would help provide critical protections for all
Americans and their right to due process under the Constitution.
My amendment would prohibit the use of funds for adoptive seizures.
These forfeiture options provide a loophole that helps local law
enforcement evade stricter State laws, like my own in Michigan,
governing civil asset forfeiture by seizing property and transferring
it to Federal authorities in exchange for up to 80 percent of
forfeiture proceeds.
For many years, I have worked in a bipartisan way to shine a light on
civil asset forfeiture abuses.
In Michigan, Terry Dekho isn't a household name, but his story serves
as a cautionary tale. Terry was a small grocer who had tens of
thousands of dollars seized by the IRS without any criminal charges
filed against him. He was a law-abiding citizen, in fact, and he had to
fight in court to get his hard-earned savings back.
The Department of Justice Assets Forfeiture Fund contains proceeds
from equitable sharing agreements between the Federal Government and
local law enforcement. These arrangements create perverse incentives to
seek out forfeiture opportunities, and it is used to circumvent State-
enacted civil forfeiture reforms, again, like those that have been
enacted in Michigan.
What is worse is that civil asset forfeiture disproportionately
affects minorities and individuals who cannot afford to represent
themselves.
I would like to thank my colleagues, Representatives Raskin,
McClintock, Rush, Amash, Cardenas, and Gabbard, for their support on
this amendment.
Madam Chair, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Mr. ADERHOLT. Madam Chair, I claim the time in opposition. I am
opposed to the amendment.
The Acting CHAIR. The gentleman from Alabama is recognized for 5
minutes.
Mr. ADERHOLT. Madam Chair, I rise in opposition, reluctantly, to my
good friend from Michigan's amendment.
[[Page H4890]]
As I said, there are some issues here that I think we do need to make
clear. The amendment would reverse the July 2017 order from Attorney
General Sessions, which included safeguards to ensure such adoptions
are legal and conform to Department of Justice policy.
Adoptions allow the Federal Government to recover funds that are
proceeds of or that are connected to Federal crimes but where property
happens to be discovered by local law enforcement.
Moreover, this type of Federal and local cooperation fosters
important collaboration between agents and officers. We should not
return hastily to the Obama administration policy, but rather continue
to review carefully the practice of forfeiture adoption as part of a
broader discussion of asset forfeiture reform.
Violent crimes, gangs, and drug trafficking are a growing and
continuing problem. We should not take away a tool from law enforcement
that it needs to combat criminal groups and make our streets safer.
Madam Chair, I recommend a ``no'' vote, and I yield back the balance
of my time.
Mr. WALBERG. Madam Chair, I appreciate the comments of my good friend
and colleague from Alabama. We are not attempting to take away civil
asset forfeiture as a tool. We are simply saying that due process ought
to be carried out in every part of our judicial process and our law
enforcement process.
We are talking about people here--for instance, Terry Dekho, who was
informed by his insurance company that they would not insure any assets
at his grocery beyond $10,000. Each day, he took in his $10,000 or
less, whatever it was, and it made a pattern. Ultimately, $35,000 of
his hard-earned assets were frozen. For a small grocer, $35,000 is life
or death for his business.
All we are asking is for due process to be followed. Attorney General
Holder, I think, saw the error of our ways when he reversed and made
revisions that, ultimately, Attorney General Sessions reversed as well.
I think we need to go back. We still have the opportunity to use the
process but use it with due process. That is all I ask.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Walberg).
The amendment was agreed to.
The Acting CHAIR. It is now in order to consider amendment No. 15
printed in part B of House Report 116-119.
Amendment No. 16 Offered by Mr. Blumenauer
The Acting CHAIR. It is now in order to consider amendment No. 16
printed in part B of House Report 116-119.
Mr. BLUMENAUER. 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 to
the Department of Justice may be used to prevent any Indian
tribe (as such term is defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)) from enacting or implementing tribal laws that
authorize the use, distribution, possession, or cultivation
of marijuana.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from Oregon (Mr. Blumenauer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oregon.
Mr. BLUMENAUER. Madam Chair, I am pleased to be here today to be able
to deal with the first significant piece of legislation on the floor of
the House this Congress dealing with the legalization of cannabis.
There has been a sea change in this country over the course of the last
25 years as we have seen 47 States legalize some form of cannabis.
But there is an area that is deeply troubling, and this relates to
Tribes. Tribes have an interest in being able to conduct activities
that deal with cannabis, but currently the strictures that the Federal
Government has dealing with its being illegal and the manifold
connections that Tribes have with the Bureau of Indian Affairs and so
forth make it something that they just don't feel comfortable doing.
There are Tribes that are moving forward. They want to be in this
area. It is a multibillion dollar growth industry. It provides
opportunities for health, economic development, and recreational
activities. The States have been granted a certain amount of latitude
moving into this space, but the Tribes have been denied.
This amendment is very simple. It just says that the Department of
Justice will not interfere with Tribal decisions dealing with cannabis.
It is ironic. This is a substance that has been used by Tribes for
healing going back millennia, and there is an opportunity for them to
be able to be part of an economic opportunity that is taking place
across the country. We need to grant them that authority.
Approval of this amendment says: Department of Justice, leave them
alone.
It is similar to what we have enacted since 2014 dealing with medical
marijuana in the States. It is something that continues as Federal
policy, and we will be talking about that in another amendment.
I hope that there is a recognition that Tribes deserve this latitude
and this empowerment and that we vote in favor of it to allow them to
proceed as has taken place in States around the country.
Madam Chair, I respectfully request that the body supports this
amendment. It will make a great deal of difference for Native Americans
and be a step towards normalizing this relationship.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oregon (Mr. Blumenauer).
The amendment was agreed to.
Amendment No. 17 Offered by Mr. Blumenauer
The Acting CHAIR. It is now in order to consider amendment No. 17
printed in part B of House Report 116-119.
Mr. BLUMENAUER. 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 to
the Department of Justice may be used, with respect to any of
the States of Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii,
Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio,
Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina,
Tennessee, Texas, Utah, Vermont, Virginia, Washington, West
Virginia, Wisconsin, and Wyoming, or with respect to the
District of Columbia, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, or the United States
Virgin Islands, to prevent any of them from implementing
their own laws that authorize the use, distribution,
possession, or cultivation of marijuana.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from Oregon (Mr. Blumenauer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oregon.
Mr. BLUMENAUER. Madam Chair, one of the areas that has been most
gratifying for me has been watching what has happened in a revolution
in cannabis policy.
Starting in 1996 with the State of California, we have watched States
across the country have their voters step up to make legalization with
medical marijuana and more recently with adult use.
Additionally, there have been States that have taken action dealing
with medical marijuana in a specialized form for children with extreme
seizure disorders. So, in total, we now have 47 States that have some
form of cannabis that is legal. We are watching the growth of this
industry--a multibillion dollar industry. We are watching State after
State move forward. Every one of us on the floor of the House who are
here now represent areas that have taken action.
We have had embedded in our legislation protections for medical
marijuana, and this would simply extend that same protection to prevent
the Department of Justice from interfering with adult use.
[[Page H4891]]
I strongly urge that we build on the legacy that we have had in the
past and that we move this forward to allow the Federal Government to
start catching up with where the rest of the States are.
Mr. Chair, I reserve the balance of my time.
Mr. ADERHOLT. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR (Mr. Phillips). The gentleman from Alabama is
recognized for 5 minutes.
Mr. ADERHOLT. Mr. Chair, I rise to oppose the amendment. This
proposal would prevent Federal law enforcement from enforcing current
law and from protecting public health and ensuring community safety.
Under the Controlled Substances Act, the Drug Enforcement
Administration defines schedule I drugs as having no current acceptable
medical use and a high potential for abuse. According to the National
Institute on Drug Abuse, there is no scientifically recognized medical
benefit from smoking or eating marijuana plants.
Claims of benefits from smoked or ingested marijuana are anecdotal
and generally outright fabrications. It is established by fact that
such marijuana use has real health and real social harms.
This is true especially for young children with developing brains and
those with impaired physical conditions as well as psychological
conditions. New data shows crime and health problems from marijuana use
and trafficking in particular in States that decriminalize its use.
This amendment that is before us sends the wrong message about widely
abused drugs in the United States. The Drug Enforcement Administration
says more young people receive treatment for marijuana dependency than
for alcohol and other illegal drugs combined. The amendment ignores the
problems with abuse and sends the false message to youth that smoking
marijuana is healthy.
Mr. Chair, I urge rejection of this amendment, and I yield back the
balance of my time.
Mr. BLUMENAUER. Mr. Chair, may I inquire how much time I have
remaining.
The Acting CHAIR. The gentleman from Oregon has 3\1/2\ minutes
remaining.
{time} 1800
Mr. BLUMENAUER. Mr. Chair, I yield 30 seconds to the distinguished
gentleman from New York (Mr. Serrano).
Mr. SERRANO. Mr. Chair, I rise in support of the amendment. This
amendment is consistent with the trend in recent years to acknowledge
that States, D.C., and the territories are taking charge of their
marijuana policy.
I urge that the amendment be agreed to.
Mr. BLUMENAUER. Mr. Chair, I reserve the balance of my time.
The Acting CHAIR. The gentleman from Oregon has the only time
remaining.
Mr. BLUMENAUER. Mr. Chair, I yield 1\1/2\ minutes to the gentlewoman
from the District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Chair, I thank my good friend for yielding.
I believe that despite the opposition from our friends on the other
side, that this amendment has bipartisan support.
I thank my good friend Congressman Earl Blumenauer for introducing
this important amendment with me to prohibit the Department of Justice
from interfering with State cannabis programs.
I especially appreciate that Congressman Blumenauer ensured that the
amendment covers the District of Columbia, as well as the territories,
in prohibiting the Department of Justice from using its funds to
prevent jurisdictions from implementing their own medical and adult-use
marijuana laws.
The District has insisted that Congress cease interfering with our
desire to commercialize adult-use marijuana, and I appreciate that D.C.
is included with the other States that have the same goal.
This amendment is the breakthrough the District has long sought so
that cannabis, as with all other issues, is treated, for the people who
live in the Nation's capital, who pay the highest taxes per capita in
the United States, with equality that is due them.
Here, with this bill, as with all other matters, we so insist.
Mr. Chair, I thank my good friend for yielding and for cosponsoring
this amendment with me.
Mr. BLUMENAUER. Mr. Chair, may I inquire the time I have remaining.
The Acting CHAIR. The gentleman from Oregon has 1\3/4\ minutes
remaining.
Mr. BLUMENAUER. Mr. Chair, let me just say that I am pleased to
partner with Ms. Norton. The Federal Government needs to get right with
the District of Columbia on this.
I disagree with my good friend from Alabama. If we were rescheduling
drugs today, cannabis probably wouldn't be scheduled at all, and what
would be Schedule I is tobacco, which is highly addictive and deadly.
It is widely known now that there are, in fact, medicinal purposes to
be obtained from using cannabis. That is why the voters in the
gentleman's own State just approved medical marijuana.
They are not goofy. They are not misled. They understand that there
is compelling evidence, and any of us meeting with professionals can
understand that. One of the reasons we don't have the research is
because the Federal Government has interfered with research in terms of
cannabis.
But the evidence is clear. You can find that out with children in
your State who use medical cannabis to stop extreme seizure disorders;
people who use cannabis to be able to stop the violent nausea
associated with chemotherapy; or veterans that use it for PTSD,
traumatic brain injury, or chronic pain.
This is what the American people have demanded, why it is now legal
in 33 States, why it has some version in 47, and is supported by two-
thirds of the American public and 90 percent for medical marijuana.
It is time that we extend this protection to these State legal
activities so that they can thrive and move forward.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. Members are reminded to address their remarks to
the Chair.
The question is on the amendment offered by the gentleman from Oregon
(Mr. Blumenauer).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ADERHOLT. 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. 22 Offered by Ms. Sewell of Alabama
The Acting CHAIR. It is now in order to consider amendment No. 22
printed in part B of House Report 116-119.
Ms. SEWELL of Alabama. Mr. Chair, I rise as the designee of Mrs.
Walorski for the Walorski-Sewell amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 4, line 24, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentlewoman
from Alabama (Ms. Sewell) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Alabama.
Ms. SEWELL of Alabama. Mr. Chair, I rise today in support of this
amendment.
It has been over 4 months since the Department of Commerce submitted
its auto 232 report to the White House, and neither Congress nor the
public has seen that report.
Congress gave the executive section 232 authority to combat
legitimate national security threats, not to keep secrets from Congress
and the American people.
Unfortunately, I think I know why this administration has not
submitted this report. It is because the products hardworking Americans
in the auto sector design, build, sell, and service are not a threat to
our national security.
The autoworkers in my district in Alabama are terrified that, any
day, President Trump will announce tariffs,
[[Page H4892]]
threatening up to 624,000 jobs in the auto sector.
That is why over 160 Democratic and Republican Members of the House
of Representatives have joined Congresswoman Walorski and me in signing
a letter to the administration, urging them to abandon their auto 232
tariff threat.
Auto tariffs remain a threat, and the public deserves to see the
report.
Mr. Chair, I urge my colleagues to support this amendment to make
sure that we are calling upon this administration to be transparent,
and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Alabama (Ms. Sewell).
The amendment was agreed to.
Amendment No. 30 Offered by Mr. Bost
The Acting CHAIR. It is now in order to consider amendment No. 30
printed in part B of House Report 116-119.
Mr. BOST. 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 3, line 8, after the dollar amount, insert ``(reduced
by $3,000,000) (increased by $3,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from Illinois (Mr. Bost) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. BOST. Mr. Chair, I yield myself such time as I may consume.
My amendment provides a much-needed increase of $3 million in funding
to International Trade Administration Enforcement and Compliance to
enforce the antidumping and counter vailing duty trade remedy laws.
My proposed offset is a similar reduction in International Trade
Administration, Global Markets. This program would still receive a
substantial increase in funding above the administration's request.
I thank the committee for its work in this regard to help fund trade
enforcement, but much more must be done.
Trade remedy enforcement is about protecting our manufacturing
workers and our businesses from illegal trade practices that cost jobs
and harm our economy. Look no further than my district in 2015 when
U.S. Steel announced that it was idling operations due to, in no small
part, illegally dumped and subsidized steel imports.
Unfortunately, when it comes to nations that engage in illegal trade
practices, business is booming, and no manufacturing business is immune
from harm. The number of antidumping and countervailing duty cases has
steadily increased over the years. In addition, even when the United
States has acted to protect our market, nations like China have found
ways to circumvent these protections to continue dumping products into
our country.
Antidumping and countervailing duties are our most important shield
against such illegal trade practices. However, these cases are very
complex. The investigations are time and labor intensive. They require
the collection and analysis of vast quantities of data. They require
thorough investigations and the verification of information from
foreign respondents.
While I am pleased the enactment of the bipartisan legislation I
sponsored has sped up this process, cases can take many months before a
determination is delivered. By then, it may be too late for victims of
illegal trade practices.
In addition, many businesses that are victims of illegal antidumping
and countervailing duty trade practices don't have the resources to
avail themselves of these remedies. They and their workers are relying
on us to provide a fair and level playing field.
Policymakers must set priorities. I fully support efforts to assist
our businesses to export to foreign nations.
The United States has the most open and competitive market in the
world. It is well past time other nations follow our example.
At the same time, our first priority must be to protect our workers
and businesses from unfair competition. Additional resources for the
Department of Commerce's Enforcement and Compliance will not only help
with those that have filed petitions, but it will also permit the
agency to self-initiate investigations, particularly for those workers
and firms that don't have the resources and administrative capacities
to file cases themselves. It will help combat the illegal circumvention
of products through other nations.
Mr. Chair, I urge the House to adopt my amendment, and I reserve the
balance of my time.
Mr. ADERHOLT. Mr. Chair, I claim the time in opposition, although I
am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Alabama is
recognized for 5 minutes.
There was no objection.
Mr. ADERHOLT. Mr. Chair, I do rise in support of the gentleman's
amendment, and I appreciate his work on behalf of domestic
manufacturing.
This amendment would highlight the importance of the Department of
Commerce antidumping duty and countervailing duty investigations and
the threat posed to American businesses from foreign companies selling
products to the U.S. at less than fair value, commonly known as
dumping, as well as the threat of imported goods from foreign countries
that benefit from financial assistance from a foreign government in the
form of a counter-vailable subsidy.
This amendment would also encourage better utilization of resources
to self-initiate these investigations, pursuant to U.S. law.
Although most antidumping duty and countervailing duty investigations
are initiated following a petition on behalf of an industry alleging
injurious dumping and/or unfair subsidy of imports into the U.S.,
antidumping and countervailing duty investigations can be self-
initiated by the Department of Commerce from information that is made
available.
The self-initiation of antidumping duty and countervailing duty
investigations is an important tool in cases where a U.S. industry
consists of small companies or is fractured and the members of that
industry cannot meet the threshold necessary to file a petition.
The United States needs to strongly enforce our trade laws and not
allow our domestic manufacturing capacity to be degraded in the face of
unfair trade practices that hurt American employers, workers, and
communities.
These investigations are crucial. They are important tools in the
effort to ensure a level playing field that allows our businesses and
our industries to compete.
Mr. Chair, I think this is a good amendment. I ask that my colleagues
support it, and I yield back the balance of my time.
Mr. BOST. Mr. Chair, in closing, let me say that this is an issue
that we have dealt with in this Nation for a very long time. This gives
us the opportunity to aggressively go after those that are illegally
importing and transporting those goods that are hurting American jobs.
For the sake of our American jobs and our businesses, I ask for the
support of the body, 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. Bost).
The amendment was agreed to.
{time} 1815
Amendment No. 31 Offered by Ms. Clarke of New York
The Acting CHAIR. It is now in order to consider amendment No. 31
printed in part B of House Report 116-119.
Ms. CLARKE of New York. 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:
At the end of division A (before the short title), insert
the following:
Sec. __. None of the funds made available to the Bureau of
the Census by this Act may be used in the contravention of
section 9 of title 13, United States Code.
The Acting CHAIR. Pursuant to House Resolution 445, the gentlewoman
from New York (Ms. Clarke) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from New York.
Ms. CLARKE of New York. Mr. Chairman, I am proud to be offering this
amendment to prohibit the Census Bureau from sharing the data it
collects with other Federal agencies, along with my colleague
Congressman
[[Page H4893]]
Cisneros. We do this by requiring the Census Bureau to uphold its
statutory confidentiality obligations.
The White House is trying to silence immigrant families and make them
afraid to participate in the Census.
If the Supreme Court doesn't strike down the citizenship question--
and, sadly, it appears they may not--immigrant families in districts
like mine may choose not to participate, afraid that their citizenship
status will be shared with ICE. That means my State will receive less
representation in Congress, and New Yorkers will be left without a
voice in the Halls of Congress, as well as the commensurate Federal
funding we will need to adequately deal with the actual population that
has been undercounted.
The Constitution says the Census is supposed to be a complete
enumeration. That means each and every person is supposed to be
counted. However, it is clear that the White House's citizenship
question is a blatant attempt to undercount immigrant families and
exclude them from our democracy.
We also know the Census has a history of violating its statutory
obligation not to share personal data. During World War II, ancestry
information was used to identify Japanese Americans for internment. And
just last June, a DOJ attorney suggested in an email that the
Department should not say too much to Congress in regards to the
confidentiality of Census responses in case the issue ``comes up for
renewed debate.''
That is unacceptable. Census responses must be kept confidential,
period, full stop. And if my amendment passes, during the FY 2020, no
funds will be spent to violate the law and share Census information
with ICE, law enforcement, or other Federal agencies.
The White House's citizenship question is a blatant attempt to
undercount immigrant families and exclude them from our democracy. This
body must stand up and say no.
Mr. Chairman, I reserve the balance of my time.
Mr. ADERHOLT. Mr. Chairman, I claim time in opposition, although I am
not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Alabama is
recognized for 5 minutes.
There was no objection.
Mr. ADERHOLT. Mr. Chair, I actually rise in strong support of this
amendment. I certainly understand the concerns about potential misuse
of Census data. Thankfully, misusing Census data is a felony. It is
punishable by up to 5 years in prison and by a $250,000 fine.
Put another way, by law, the Census Bureau cannot disclose anyone's
responses or share data from which an individual can be identified, by
ICE or any other Federal agency. That is in current law.
So I join my colleague in opposing the use of any funds that would be
made available to violate the confidentiality laws that govern our
Census.
Mr. Chairman, I yield back the balance of my time.
Ms. CLARKE of New York. Mr. Chairman, I hope that what my colleague
has said on the other side of the aisle is true, and I am happy to hear
him stand shoulder to shoulder with this side of the aisle to say that
anyone in violation of this will have to stand the consequences.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from New York (Ms. Clarke).
The amendment was agreed to.
The Acting CHAIR. It is now in order to consider amendment No. 34
printed in part B of House Report 116-119.
Amendment No. 36 Offered by Mr. Banks
The Acting CHAIR. It is now in order to consider amendment No. 36
printed in part B of House Report 116-119.
Mr. BANKS. 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. __. Each amount made available in division A, except
those amounts made available to the Department of Defense, is
hereby reduced by 14 percent.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from Indiana (Mr. Banks) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Indiana.
Mr. BANKS. Mr. Chairman, it is long past time that we get serious
about putting our fiscal house in order.
This division costs nearly $74 billion, which is an increase of
nearly $10 billion from the fiscal year 2019 enacted level.
My amendment is simple. It cuts spending in this division by 14
percent, while exempting amounts made available to the Department of
Defense. This reduction would bring the nondefense spending in this
division down to the level required to avoid busting the budget caps
and avert triggering a sequestration, which harms our national defense.
Unfortunately, the spending package that we have before us continues
to propel us down the path of reckless spending that brought us to
having a national debt of $22 trillion.
With these minibus packages, my friends on the other side of the
aisle are proposing to bust the budget caps by nearly $90 billion when
all is said and done. This will force dangerous cuts to our national
defense through sequestration, and that is wholly unacceptable to me
and my constituents in northeast Indiana.
I urge my colleagues to support this amendment, and I reserve the
balance of my time.
Mr. SERRANO. Mr. Chairman, I rise in strong opposition to the
amendment.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. SERRANO. Mr. Chairman, the amendment, if adopted, would pose
serious risks to our economic and national security. It would undermine
our efforts to help create jobs, address the deadly opioid crisis, and
increase critical scientific research and legal services for
underserved communities.
A 14 percent decrease would, for the Department of Commerce, close
over 30 foreign commercial service posts and 10 domestic field offices
and lead to the dismissal of hundreds of Commerce personnel who support
and create U.S. jobs by leveling the playing field for U.S. businesses
in overseas markets; cut over $1 billion from the U.S. Census Bureau,
which undermines the Census Bureau's ability to invest in critical
information technology infrastructure to safeguard Census data as it
moves to an online platform; and limit Census' flexibility to conduct
important outreach and follow-up activities in hard-to-count
communities, including rural parts of the country.
This amendment would also cause massive cuts in an array of agencies
and programs critical to national security, anticrime efforts, and the
constitutionally required 2020 Census. It would slash funding for
efforts to create jobs, fix aging infrastructure, and respond to the
reality of climate change.
I urge a ``no'' vote, and I reserve the balance of my time.
Mr. BANKS. Mr. Chairman, what the other side is proposing is both
reckless and irresponsible.
My colleagues on the other side of the aisle want to bust the budget
caps to fulfill liberal spending priorities and, in the process, put
our national security at risk.
In Indiana, Hoosiers understand that you cannot spend more than you
take in, and it is long past time for Washington to adopt that Hoosier
common sense.
Again, my amendment is simple. It reduces spending in this division
by 14 percent. It protects our defense priorities and brings us closer
to avoiding the devastating harm to national security that would result
from sequestration.
Mr. Chairman, I am not going to give up. I am going to keep coming
back to this microphone over and over and over again to propose 14
percent across-the-board spending cuts to each of these divisions. It
is what my constituents in northeast Indiana expect me to do, and it is
what is going to motivate me to keep coming back, to try to restore
some fiscal sanity to this body.
I urge my colleagues to support this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. SERRANO. Mr. Chairman, very briefly, in closing, we get folks on
the
[[Page H4894]]
floor who tell us how much money we have to cut from the budget, from
the appropriations, but they really never take time to ask their
constituents how they feel about new roads, about hospital help, about
education, about climate change, about other issues. You would be
surprised how many people who may not scream out in support or against
a certain amendment would feel the pain of our cutbacks and would not
be for them. So I urge a ``no'' vote on 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 Indiana (Mr. Banks).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BANKS. 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 Indiana will
be postponed.
Amendment No. 44 Offered by Mr. Huffman
The Acting CHAIR. It is now in order to consider amendment No. 44
printed in part B of House Report 116-119.
Mr. HUFFMAN. 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:
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 issue a proposed or final rule revising the
National Oceanic and Atmospheric Administration's Federal
consistency regulations at 15 Code Federal Regulations part
930 under Section 307(c) of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1456(c)).
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from California (Mr. Huffman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. HUFFMAN. Mr. Chair, this bipartisan amendment would stop the
National Oceanic and Atmospheric Administration from moving forward
with a rulemaking that would change the Federal consistency process
under the Coastal Zone Management Act, known as the CZMA.
The purpose of the CZMA is to give coastal States a strong voice in
Federal agency decisionmaking for activities that affect a State's
coastal uses and resources, including Outer Continental Shelf oil and
gas development.
Federal consistency is the cornerstone of the CZMA. It provides the
platform and process for coordination between States, industry, and
stakeholders; helps anticipate and proactively avoid conflict; and
helps protect the interests of coastal communities. It is a prime
example of successful cooperative federalism, and it is key to long-
term management of coasts around the country.
NOAA published an advanced notice of proposed rulemaking in March
regarding changes to the Federal consistency regulations to make the
process ``more efficient,'' but there are already clear guidelines and
timelines for Federal consistency review, and it has a proven track
record of efficiency and cooperation. It is clear that there is no need
for NOAA to change the process.
Maintaining the Federal consistency process is especially critical
now, as this administration continues to look for ways to get around
the clear opposition to offshore drilling from coastal States,
communities, and elected officials from both sides of the aisle.
Earlier this week, State Representative Peter McCoy, a Republican
from South Carolina, wrote an op-ed about why the CZMA is so important.
He wrote: ``The consistency review authorities under CZMA have never
been more important than right now . . . this move to potentially alter
CZMA would undermine States' control and take away our ability to
protect our coastlines.''
That is why I have joined in offering an amendment by South Carolina
Representative Joe Cunningham, as well as our colleagues Florida
Representative Francis Rooney and California Representative Salud
Carbajal.
{time} 1830
All of us know firsthand how important CZMA is to protecting our
coastal districts. We have to ensure that States are able to fully
weigh in on Federal activity off their shores. They are the ones most
at risk. Their businesses, communities, and lands and waters will be
left to deal with the economic and environmental costs of offshore oil
and gas development.
Mr. Chair, I urge an ``aye'' vote on this amendment, and I yield the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Huffman).
The amendment was agreed to.
Amendment No. 49 Offered by Mr. Jeffries
The Acting CHAIR. It is now in order to consider amendment No. 49
printed in part B of House Report 116-119.
Mr. JEFFRIES. 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 18, line 10, after the dollar amount, insert
``(reduced by $914,000)''.
Page 18, line 25, after the dollar amount, insert
``(increased by $914,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from New York (Mr. Jeffries) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. JEFFRIES. Mr. Chair, I thank Chairman Jose Serrano, the
distinguished gentleman from the Bronx, for his tremendous leadership
here in the Congress and in connection with this bill.
There is a growing culture of corruption that is festering within the
Department of Commerce that should trouble Americans regardless of
political affiliation. It is absolutely essential that we continue to
support the oversight that is independent and those who have the
responsibility to police bad actors and explore waste, fraud, and
abuse.
This amendment will increase support for the Office of the Inspector
General at the Department of Commerce. This office serves an incredibly
vital function. It provides independent and objective oversight for an
agency that is led by Secretary Wilbur Louis Ross, Jr., someone who has
from time to time found himself in hot water with ethics experts here
in this town. Meeting even the minimum ethical standards the government
sets for its executive branch officials seems to be a significant
challenge for our Secretary.
Last February, the Office of Government Ethics, which is run by a
Trump appointee, declined to certify Ross' 2018 financial disclosure
report `` . . . because that report was not accurate and he was not in
compliance with his ethics agreement at the time of the report.''
These kinds of disclosures are, of course, important. They allow the
U.S. government's ethics watchdogs, regardless of political
affiliation, to identify potential conflicts of interest.
One such conflict was alleged last summer in separate complaints by
the Campaign Legal Center and Citizens for Responsibility and Ethics in
Washington, who allege that Ross worked on the Trump administration's
steel tariffs and helped promote liquid natural gas exports at the same
time that he held financial interests in companies that were impacted
by these policies.
We don't have time to explore some of the other potential conflicts
and accusations that were recently detailed by Forbes magazine which
caused that publication to suggest that ``the current United States
Secretary of Commerce could rank among the biggest grifters in American
history.''
That is a tall order.
Secretary Ross is a public servant. He should be serving the public's
interests, not special interests or his own personal financial
interests, as appears to have been the case in his highly controversial
decision to add a citizenship question to the 2020 census, and then be
deceptive about the motives.
With all of this obfuscation and fabrication and misrepresentation,
we need to make sure that the Department of Commerce's independent
inspector general's office has the resources and capacity to police the
bad behavior that may result in waste, fraud, and abuse of American
taxpayer dollars.
Apparently, the Trump administration doesn't necessarily see it that
[[Page H4895]]
way. Their fiscal year 2020 budget actually cuts funding for general
oversight operations by approximately $1 million, which will result in
a personnel reduction of at least seven positions.
At a time when oversight has never been more important, we must not
allow this cut to go into effect.
Mr. Chair, I urge a ``yes'' vote to restore this funding and send a
message to this administration that we won't be grifted by anyone, even
the Secretary of Commerce.
Mr. Chair, I urge my colleagues to support this amendment, and I
yield back the balance of my time.
Parliamentary Inquiry
Mr. ADERHOLT. Mr. Chair, I have a parliamentary inquiry.
The Acting CHAIR. The gentleman from Alabama will state his
parliamentary inquiry.
Mr. ADERHOLT. Mr. Chair, if a Member quotes a reference to a
newspaper that impugns the character of a Cabinet official, does that
violate the House rules?
The Acting CHAIR. The Chair will not respond to a hypothetical
question.
Mr. SERRANO. 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 New York is
recognized for 5 minutes.
There was no objection.
Mr. SERRANO. Mr. Chair, I rise in strong support of the amendment.
The Commerce Department has illustrated that it requires additional
oversight. This increase to the inspector general will restore critical
positions that will provide transparency to Congress on what Secretary
Ross is up to.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Jeffries).
The amendment was agreed to.
Amendment No. 53 Offered by Mr. Cunningham
The Acting CHAIR. It is now in order to consider amendment No. 53
printed in part B of House Report 116-119.
Mr. CUNNINGHAM. 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 24, line 6, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 48, line 20, after the dollar amount insert
``(increased by $2,000,000)''.
Page 54, line 17, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 55, line 12, after the dollar amount, insert
``(increased by $2,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from South Carolina (Mr. Cunningham) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from South Carolina.
Mr. CUNNINGHAM. Mr. Chair, today I rise in support of my
straightforward, commonsense amendment, which will increase funding for
veterans treatment court programs and help ensure that veterans have
access to the resources they deserve to successfully reintegrate into
their communities.
As a Nation, we have a responsibility to ensure that the brave men
and women who are wounded, either physically or psychologically, in
service to our Nation receive the care that they deserve.
Veterans treatment courts do just that by assisting veterans involved
in the criminal justice system who are experiencing post-traumatic
stress, traumatic brain injury, sexual trauma, mental health symptoms,
or substance abuse as a result of their military service.
Studies show that these programs work. Through a coordinated system
of treatment, community support, and peer-to-peer mentorship, they are
able to reduce recidivism and increase participating veterans' overall
quality of life.
Through the Bureau of Justice Assistance, the DOJ provides local
court systems with the financial and technical assistance they need to
develop and implement their own treatment courts.
My amendment would increase funding for this program by $2 million so
that Federal assistance is available to more courts like those in
Beaufort or the recently established program in Charleston.
This is particularly important to the Lowcountry, because my district
has one of the highest concentrations of veterans in the country. As
their representative in Congress, I have made it my mission to ensure
that they have the support that they have earned.
Mr. Chair, I want to ask my colleagues on both sides of the aisle to
join me in supporting my amendment as well as the underlying
legislation.
Mr. Chair, in closing, I would like to thank Chairman Serrano and the
members of the subcommittee for their work in constructing this
important legislation which will allow us to make strides towards
addressing gun violence, supporting law enforcement, and investing in
important scientific research. I also want to thank Chairman McGovern
and my colleagues on the Rules Committee for allowing this important
amendment to come to the floor.
Mr. Chair, to ensure that veteran treatment courts in the Lowcountry
and across the country can continue to provide this essential service
to our Nation's veterans, I urge my colleagues to support my 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 South Carolina (Mr. Cunningham).
The amendment was agreed to.
Amendment No. 54 Offered by Mr. Cunningham
The Acting CHAIR. It is now in order to consider amendment No. 54
printed in part B of House Report 116-119.
Mr. CUNNINGHAM. 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:
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--
(1) to allow or authorize the incidental taking of marine
mammals under section 101(a)(5)(A) or (D) of the Marine
Mammal Protection Act of 1972 (16 U.S.C. Sec. 1371(a)(5)(A)
or (D)) for geophysical or geological exploration for oil or
gas (as those terms are defined in 30 C.F.R. Sec. 551.1),
within the specific geographic region described in ``Notice;
issuance of five incidental harassment authorizations''
published in the Federal Register at 83 Fed. Reg. 63,268;
(2) to provide an opinion from the Secretary of Commerce
under section 7(b) of the Endangered Species Act of 1973 (16
U.S.C. Sec. 1536(b)), on how any such authorization affects
an endangered species or its critical habitat; or
(3) to prepare or supplement an Environmental Impact
Statement or Environmental Assessment pursuant to the
National Environmental Policy Act, 42 U.S.C. Sec. 4321 et
seq., and its associated regulations, in support of any such
authorization.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from South Carolina (Mr. Cunningham) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from South Carolina.
Mr. CUNNINGHAM. Mr. Chair, I rise today in support of my
straightforward, commonsense amendment to the Commerce-Justice-Science
appropriations bill that blocks all fiscal year 2020 funding for NOAA
to approve seismic air gun blasting in the Atlantic. These approvals
are called Incidental Harassment Authorizations, or IHAs.
In order for companies to receive permits for seismic exploration
from BOEM, they must first have authorization through NOAA to conduct
activities that harm or disturb marine mammals, such as whales.
NOAA issued five IHAs in November of last year, which are currently
being challenged in court in South Carolina by 10 States, 16 towns, and
various conservation and business groups. If the judge finds these IHAs
unlawful, my amendment would prevent NOAA from reauthorizing these
approvals for seismic air gun blasting in the Atlantic.
Additionally, my amendment would prevent NOAA from approving new
applications for seismic surveys that would expose marine mammals to
one of the loudest man-made noises in the oceans today.
Seismic air guns create an underwater blast louder than all but
military-grade explosives. Companies fire air guns as often as every 10
seconds for days, weeks, sometimes even months on end. This can have
impacts
[[Page H4896]]
across the entire ecosystem, from marine mammals, to fish, to plankton.
In addition to being harmful in its own right, seismic blasting is a
key step towards this administration's ultimate goal: bringing drilling
rigs to the South Carolina coast and elsewhere up and down the Atlantic
seaboard.
Offshore drilling activities anywhere in the Atlantic Ocean are a
threat to hardworking Americans, coastal economies, and abundant marine
life. And communities up and down the coast have made it very clear
where they stand on this issue. They don't want drilling off their
coasts and they don't want seismic exploration for oil and gas
resources.
My amendment to the Commerce-Justice-Science appropriations bill can
help protect the Atlantic Coast from a future of expanded offshore
drilling and unnecessary, unwanted seismic testing.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from South Carolina (Mr. Cunningham).
The amendment was agreed to.
{time} 1845
Amendment No. 58 Offered by Mr. Cunningham
The Acting CHAIR. It is now in order to consider amendment No. 58
printed in part B of House Report 116-119.
Mr. CUNNINGHAM. Mr. Chair, as the designee of Mr. Moulton, 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 14, line 3, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 14, line 14, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 14, line 15, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 24, line 6, after the dollar amount, insert ``(reduced
by $1,500,000)''.
The Acting CHAIR. Pursuant to House Resolution 445, the gentleman
from South Carolina (Mr. Cunningham) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from South Carolina.
Mr. CUNNINGHAM. Mr. Chair, I rise again because there is no time to
waste when it comes to protecting the North Atlantic right whale, a
species whose calving and migratory grounds are right off the coast of
my district.
By even the most generous estimates, there are fewer than 420 right
whales left in the ocean. Without immediate Federal action, the right
whale could become extinct in the next two decades.
Humans have killed nearly every right whale in existence through our
direct and indirect actions over the past two centuries.
Today we are at a crossroads. We have a choice. We can be the
generation that saves the right whale or the generation that allows
their extinction. We can act right now by adopting this amendment. It
will provide targeted investments so we can better understand how both
right whales and East Coast economies can thrive.
This is a unique opportunity. Few people in the history of the Earth
have had the ability to help a species survive. In fact, the opposite
is true. From the passenger pigeon to the western black rhinoceros,
humans have driven the extinction of iconic species through centuries
of choices.
It is a choice to hunt the right whale to near extinction. It is a
choice to jeopardize the right whale by drilling off our coast or
harmful seismic air gun blasting. And tonight it is a choice to protect
the right whale and the hundreds of thousands of jobs up and down the
East Coast that rely on the healthy ecosystem that the right whale
creates.
Let's be the generation of leaders that chooses to bring the right
whale back from the brink.
Mr. Chair, I thank my colleagues for their support on this issue. I
want to single out my friend from across the aisle Mr. Rutherford, as
well as Mr. Huffman and Mr. Grijalva for their leadership on this issue
at the Natural Resources Committee. I also want to thank Mr. Moulton
for the opportunity to offer this 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 South Carolina (Mr. Cunningham).
The amendment was agreed to.
Mr. SERRANO. Mr. Chair, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Cartwright) having assumed the chair, Mr. Phillips, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 3055)
making appropriations for the Departments of Commerce and Justice,
Science, and Related Agencies for the fiscal year ending September 30,
2020, and for other purposes, had come to no resolution thereon.
____________________