[Congressional Record Volume 165, Number 171 (Tuesday, October 29, 2019)]
[Senate]
[Pages S6248-S6254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1213. Mr. BLUNT (for himself, Ms. Klobuchar, Mr. Gardner, and Ms. 
Cortez Masto) submitted an amendment intended to be proposed to 
amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                       TITLE __--TRAVEL PROMOTION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Brand USA Extension Act''.

     SEC. __02. THE CORPORATION FOR TRAVEL PROMOTION.

       Subsection (b) of the Travel Promotion Act of 2009 (22 
     U.S.C. 2131(b)) is amended--
       (1) in paragraph (2)(A)--
       (A) in clause (ii), by inserting ``or foodservice'' after 
     ``restaurant'';
       (B) in clause (v), by inserting ``, such as outdoor 
     recreation or theme parks'' before the semicolon at the end; 
     and
       (C) in clause (viii), by inserting ``commercial or 
     private'' before ``passenger air sector'';
       (2) in paragraph (5)(A)--
       (A) in clause (iii), by inserting ``speaking conventions, 
     sales missions,'' after ``trade shows,'';
       (B) in clause (iv), by striking ``and'' at the end;
       (C) in clause (v), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(vi) to promote tourism to the United States through 
     digital media, online platforms, and other appropriate 
     medium.''; and
       (3) in paragraph (7)(C), by striking ``3 days'' and 
     inserting ``5 days''.

     SEC. __03. ACCOUNTABILITY MEASURES.

       Subsection (c) of the Travel Promotion Act of 2009 (22 
     U.S.C. 2131(c)) is amended--
       (1) in paragraph (2), by striking ``$500,000'' and 
     inserting ``$450,000''; and
       (2) in paragraph (3)--
       (A) by redesignating subparagraph (I) as subparagraph (K);
       (B) in subparagraph (H)(iii), by striking ``and'' at the 
     end; and
       (C) by inserting after subparagraph (H)(iii) the following:
       ``(I) a list of countries the Corporation identifies as 
     emerging markets for tourism to the United States;
       ``(J) a description of the efforts the Corporation has made 
     to promote tourism to rural areas of the United States; 
     and''.

     SEC. __04. EXTENSION OF FUNDING FOR BRAND USA.

       Subsection (d) of the Travel Promotion Act of 2009 (22 
     U.S.C. 2131(d)) is amended--
       (1) in paragraph (2)(B), by striking ``2020'' and inserting 
     ``2027'';
       (2) in paragraph (3)(B)(ii), by striking ``70 percent'' and 
     inserting ``50 percent''; and
       (3) in paragraph (4)(B), by striking ``2020'' and inserting 
     ``2027''.

     SEC. __05. PERFORMANCE PLAN.

       Not later than 90 days after the date of the enactment of 
     this Act, the Corporation for Travel Promotion shall make the 
     performance metrics established pursuant to subsection 
     (f)(1)(A) of the Travel Promotion Act of 2009 (22 U.S.C. 
     2131(f)(1)(A)) publicly available on the website of the 
     Corporation.

     SEC. __06. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION FEE 
                   INCREASE.

       Section 217(h)(3)(B)(i)(I) of the Immigration and 
     Nationality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) is amended by 
     striking ``$10'' and inserting ``$17''.
                                 ______
                                 
  SA 1214. Mr. HOEVEN (for himself and Ms. Baldwin) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place under the heading ``operations'' 
     under the heading ``Federal Aviation Administration'' in 
     title I of division D, insert the following: ``Provided  
     further, That of the funds appropriated under this heading, 
     not less than $5,000,000 shall be used for a veterans pilot 
     training competitive grant program.''.
                                 ______
                                 
  SA 1215. Ms. McSALLY (for herself and Ms. Sinema) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to 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; which was 
ordered to lie on the table; as follows:

        On page 311, line 2, insert ``Provided further, That not 
     later than 90 days after the date of enactment of this Act, 
     the Chief of the Forest Service shall submit to the 
     Committees on Appropriations and Natural Resources of the 
     House of Representatives and the Committees on Appropriations 
     and Energy and Natural Resources of the Senate a report 
     detailing the status of efforts to accelerate forest 
     ecosystem restoration under the Four Forest Restoration 
     Initiative:'' after ``7303(f):''.
                                 ______
                                 
  SA 1216. Ms. CORTEZ MASTO (for herself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title VII of division B, insert 
     the following:
       Sec. 7__. (a) There is appropriated $600,000 to carry out 
     section 6306 of the Agriculture Improvement Act of 2018 (7 
     U.S.C. 2204b-3).
       (b) Notwithstanding any other provision of this Act, the 
     amount appropriated under this Act to the Department of 
     Agriculture under the heading ``Office of the Chief Financial 
     Officer'' shall be reduced by $600,000.
                                 ______
                                 
  SA 1217. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 948 proposed by Mr. Shelby to the bill H.R. 3055, making 
appropriations for the Departments of Commerce and Justice, Science, 
and

[[Page S6249]]

Related Agencies for the fiscal year ending September 30, 2020, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title VII of division B, insert 
     the following:
       Sec. 7__. (a) Notwithstanding any other provision of this 
     Act, the amount appropriated under the heading ``salaries and 
     expenses'' under the heading ``Animal and Plant Health 
     Inspection Service'' in title I shall be increased by 
     $1,000,000, to remain available until expended, which shall 
     be for surveillance, testing, prevention, and research 
     relating to Eastern equine encephalitis in impacted States.
       (b) Notwithstanding any other provision of this Act, the 
     amount appropriated under this Act to the Department of 
     Agriculture under the heading ``Office of the Chief Financial 
     Officer'' shall be reduced by $1,000,000.
                                 ______
                                 
  SA 1218. Mr. TILLIS (for himself and Mr. Burr) submitted an amendment 
intended to be proposed to amendment SA 948 proposed by Mr. Shelby to 
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; which was ordered to 
lie on the table; as follows:

        On page 223, between lines 13 and 14, insert the 
     following:
       Sec. 7__.  Notwithstanding subsections (d) and (e) of 
     section 5 of the Commodity Credit Corporation Charter Act (15 
     U.S.C. 714c) or any other provision of law, beginning in crop 
     year 2020, tobacco shall be an eligible agricultural 
     commodity under the Market Facilitation Program conducted 
     pursuant to that section.
                                 ______
                                 
  SA 1219. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as follows:

        On page 237, line 7, insert ``: Provided further, That the 
     Service shall issue guidance to field offices for 
     streamlining consultations under section 7(a)(2) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) 
     relating to Federal actions that authorize, fund, or carry 
     out an activity that is covered by an approved Habitat 
     Conservation Plan, is permitted under section 10(a)(1)(B) of 
     that Act (16 U.S.C. 1539(a)(1)(B)), and affects a species 
     that is listed as a threatened or endangered species under 
     that Act (16 U.S.C. 1531 et seq.) and covered by the approved 
     Habitat Conservation Plan'' before the period at the end.
                                 ______
                                 
  SA 1220. Ms. COLLINS (for herself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to 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; which was 
ordered to lie on the table; as follows:

        On page 338, line 22, at the appropriate place insert the 
     following: ``Provided further, That of the funds appropriated 
     herein, not less than $3,700,000 shall be made available for 
     the Women's History Initiative.''.
                                 ______
                                 
  SA 1221. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as follows:

       At the appropriate place under the heading ``operations'' 
     under the heading ``Federal Aviation Administration'' in 
     title I of division D, insert the following: ``Provided  
     further, That the Administrator of the Federal Aviation 
     Administration shall use funds appropriated under this 
     heading to publish guidance describing how a pilot may share 
     flight expenses with passengers in a manner consistent with 
     Federal law, including regulations, as required under section 
     515 of Public Law 115-254.''.
                                 ______
                                 
  SA 1222. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as follows:

       At the appropriate place under the heading ``operations'' 
     under the heading ``Federal Aviation Administration'' in 
     title I of division D, insert the following: ``Provided  
     further, That the amount herein appropriated shall be reduced 
     by $100,000 for each day after December 31, 2019, that the 
     guidance describing how a pilot may share flight expenses 
     with passengers in a manner consistent with Federal law, 
     including regulations, is not published as required under 
     section 515 of Public Law 115-254.''.
                                 ______
                                 
  SA 1223. Ms. STABENOW (for herself, Ms. Smith, Mr. Casey, Mr. Durbin, 
Mr. Menendez, Mr. Booker, Mrs. Murray, Mr. Wyden, Mr. Brown, Ms. 
Duckworth, Ms. Hirono, Ms. Baldwin, Mr. Van Hollen, and Mr. Cassidy) 
submitted an amendment intended to be proposed to amendment SA 948 
proposed by Mr. Shelby to 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title VII of division B, insert 
     the following:
       Sec. 7__. (a) There is appropriated $5,000,000 to carry out 
     section 222 of the Department of Agriculture Reorganization 
     Act of 1994 (7 U.S.C. 6923).
       (b) Notwithstanding any other provision of this Act, the 
     amount provided under the heading ``Agriculture Buildings and 
     Facilities'' under the heading ``AGRICULTURAL PROGRAMS'' in 
     title I shall be reduced by $6,000,000.
                                 ______
                                 
  SA 1224. Mr. CORNYN (for himself and Mr. Booker) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to 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; which was 
ordered to lie on the table; as follows:

       On page 223, between lines 13 and 14, insert the following:
       Sec. 7__. (a) There is appropriated $2,000,000 to carry out 
     section 30 of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2036d).
       (b) Notwithstanding any other provision of this Act, the 
     amount provided under the heading ``Agriculture Buildings and 
     Facilities'' under the heading ``AGRICULTURAL PROGRAMS'' in 
     title I shall be reduced by $2,000,000.
                                 ______
                                 
  SA 1225. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as 
follows:

        On page 458, line 18, insert ``the family unification 
     program under section 8(x) of the Act,'' after ``the Act,''.

                                 ______
                                 
  SA 1226. Mr. MARKEY (for himself, Mr. Blumenthal, Mr. Booker, Mrs. 
Feinstein, and Ms. Harris) submitted an amendment intended to be 
proposed to amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on 
the table; as follows:

        At the appropriate place in title I of division C, insert 
     the following:


               oil and gas program lease sale requirement

       Sec. 1__. 
       None of the funds made available to the Secretary 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 (16 U.S.C. 3143 note) that does not contain a national 
     minimum acceptable bid amount sufficient to produce Federal 
     receipts to the Treasury, net of any State share, of not less 
     than an amount equal to 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.
                                 ______
                                 
  SA 1227. Mr. SCHUMER (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to 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; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title I of division C, insert 
     the following:

     SEC. 1___. GAO STUDY ON OUTDOOR RECREATION.

       (a) Definitions.--In this section:
       (1) Covered agency.--The term ``covered agency'' means--
       (A) the Department of Agriculture;
       (B) the Department of the Interior;
       (C) the Corps of Engineers;
       (D) the National Marine Fisheries Service; and

[[Page S6250]]

       (E) the Office of National Marine Sanctuaries of the 
     National Oceanic and Atmospheric Administration.
       (2) Outdoor recreation.--The term ``outdoor recreation'' 
     means all recreational activities undertaken for pleasure 
     that--
       (A) generally involve some level of intentional physical 
     exertion; and
       (B) occur in nature-based environments outdoors.
       (b) Study Required.--The Comptroller General of the United 
     States shall conduct a study that--
       (1) identifies each program carried out by a covered agency 
     that directly impacts the outdoor recreation sector, 
     including each program that affects the management and 
     conservation of, and access to, the land, waters, and natural 
     resources of the Unites States; and
       (2) describes, for each program identified under paragraph 
     (1), the spending level for that program during each of the 
     20 fiscal years preceding the year in which the report is 
     submitted.
       (c) Required Coordination.--In conducting the study under 
     subsection (b), the Comptroller General of the United States 
     shall coordinate with the outdoor recreation industry, 
     nongovernmental organizations, the Bureau of Economic 
     Analysis of the Department of Commerce, and other interested 
     stakeholders.
       (d) Report.--Not later 240 days after the date of enactment 
     of this Act, the Comptroller General of the United States 
     shall submit to the appropriate committees of Congress a 
     report that describes the results of the study conducted 
     under subsection (b).
                                 ______
                                 
  SA 1228. Mr. SCHUMER (for himself, Mr. Brown, Mr. Casey, Mrs. 
Gillibrand, Mr. Blumenthal, Ms. Warren, and Mr. Markey) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to 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; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title IV of division C, insert 
     the following:


        national heritage areas and national heritage corridors

       Sec. 4__.  (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 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''.
                                 ______
                                 
  SA 1229. Mr. PETERS (for himself, Ms. Stabenow, Mr. Jones, and Mr. 
Tester) submitted an amendment intended to be proposed to amendment SA 
948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title VII of division B, 
     insert the following:
       Sec. 7__. (a) Notwithstanding any other provision of law, 
     of the funds of the Commodity Credit Corporation, the 
     Secretary of Agriculture (referred to in this section as the 
     ``Secretary'') may use for the cost of loan guarantees not 
     more than $30,000,000 to carry out the interest rate 
     reduction program established under section 351 of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1999).
       (b)(1) Not later than 90 days after the date of enactment 
     of this Act, the Secretary shall advertise to current 
     borrowers the process and opportunity by which a borrower 
     may, pursuant to section 331A(a) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1981a(a)), request deferral 
     of principal and interest in order to forgo foreclosure.
       (2) The Secretary shall submit a quarterly report 
     describing the number of requests under paragraph (1) 
     submitted, approved, and denied to--
       (A) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       (B) the Committee on Agriculture of the House of 
     Representatives;
       (C) the Committee on Appropriations of the Senate; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (c) For purposes of providing equitable relief under 
     section 366 of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 2008a), the Secretary may consider a good faith 
     claim of a borrower of misunderstanding due to ambiguous or 
     unclear guidance or a change in normal procedure to be 
     reliance on the advice of the Secretary under subsection 
     (b)(2) of that section.
       (d) The amounts made available under this section are 
     designated by Congress as being for emergency requirements 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)).
                                 ______
                                 
  SA 1230. Ms. SMITH submitted an amendment intended to be proposed to 
amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as follows:

        At the end, add the following:

DIVISION E--FAIR COMPENSATION FOR LOW-WAGE CONTRACTOR EMPLOYEES ACT OF 
                                  2019

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Fair Compensation for 
     Low-Wage Contractor Employees Act of 2019''.

     SEC. 2. APPROPRIATION.

       There is hereby appropriated, out of any money in the 
     Treasury not otherwise appropriated, such sums as may be 
     necessary, to remain available until expended, for each 
     Federal agency subject to the lapse in appropriations that 
     began on or about December 22, 2018, for adjustments in the 
     price of contracts of such agency under section 3.

     SEC. 3. BACK COMPENSATION FOR LOW-WAGE EMPLOYEES OF 
                   GOVERNMENT CONTRACTORS IN CONNECTION WITH THE 
                   LAPSE IN APPROPRIATIONS.

       (a) In General.--Each Federal agency subject to the lapse 
     in appropriations that began on or about December 22, 2018, 
     shall adjust the price of any contract of such agency for 
     which the contractor was ordered to suspend, delay, or 
     interrupt all or part of the work of such contract, or stop 
     all or any part of the work called for in such contract, as a 
     result of the lapse in appropriations to compensate the 
     contractor for reasonable costs incurred--
       (1) to provide compensation, at an employee's standard rate 
     of compensation, to any employee who was furloughed or laid 
     off, or who was not working, who experienced a reduction of 
     hours, or who experienced a reduction in compensation, as a 
     result of the lapse in appropriations (for the period of the 
     lapse); or
       (2) to restore paid leave taken by any employee during the 
     lapse in appropriations, if the contractor required employees 
     to use paid leave as a result of the lapse in appropriations.
       (b) Limitation on Amount of Weekly Compensation Covered by 
     Adjustment.--The maximum amount of weekly compensation of an 
     employee for which an adjustment may be made under subsection 
     (a) may not exceed the lesser of--
       (1) the employee's actual weekly compensation; or
       (2) $965.
       (c) Timing of Adjustments.--The adjustments required by 
     subsection (a) shall be made as soon as practicable after the 
     enactment of this Act.
       (d) Definitions.--In this section:
       (1) The term ``compensation'' has the meaning given that 
     term in section 6701 of title 41, United States Code.
       (2) The term ``employee'' means the following:
       (A) A ``service employee'' as that term is defined in 
     section 6701(3) of title 41, United States Code, except that 
     the term also includes service employees described in 
     subparagraph (C) of that section notwithstanding that 
     subparagraph.
       (B) A ``laborer or mechanic'' covered by section 3142 of 
     title 40, United States Code.

     SEC. 4. EFFECTIVE DATE.

       This division shall take effect upon the date of enactment 
     of this Act.

     SEC. 5. BUDGETARY EFFECTS.

       (a) Classification of Budgetary Effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(8) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, the budgetary effects of this division shall not be 
     estimated--
       (1) for purposes of section 251 of such Act; and
       (2) for purposes of paragraph (4)(C) of section 3 of the 
     Statutory Pay-As-You-Go Act of 2010 as being included in an 
     appropriation Act.
       (b) Determination of Budgetary Effects.--The budgetary 
     effects of this division, for the purpose of complying with 
     the Statutory Pay-As-You-Go Act of 2010, shall be determined 
     by reference to the latest statement titled ``Budgetary 
     Effects of PAYGO Legislation'' for this division, submitted 
     for printing in the Congressional Record by the Chairman of 
     the House Budget Committee, provided that such statement has 
     been submitted prior to the vote on passage.
                                 ______
                                 
  SA 1231. Mr. LEE submitted an amendment intended to be proposed to

[[Page S6251]]

amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title IV of division C, insert 
     the following:


  prohibition on use of funds to prohibit the use of unmanned aerial 
vehicles for managing telecommunications infrastructure on federal land

       Sec. 4__. None of the funds made available by this Act may 
     be used to prohibit a telecommunications provider from using 
     an unmanned aerial vehicle for surveying, maintaining, or 
     managing telecommunications infrastructure on Federal land.
                                 ______
                                 
  SA 1232. Mr. INHOFE (for himself and Ms. Duckworth) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title I of division D, insert 
     the following:
       Sec. __. (a) In General.--Section 625(c)(1) of the FAA 
     Reauthorization Act of 2018 (Public Law 115-254) is amended--
       (1) in subparagraph (C), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (D), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(E) an organization representing aircraft users, aircraft 
     owners, or aircraft pilots.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the FAA 
     Reauthorization Act of 2018 (Public Law 115-254).
                                 ______
                                 
  SA 1233. Mr. INHOFE (for himself and Mr. Brown) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to 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; which was 
ordered to lie on the table; as follows:

       On page 53, line 12, strike ``initiatives;'' and insert 
     ``initiatives: Provided, That not more than 2 percent of any 
     grant awarded using funds made available under this paragraph 
     may be used by a State administrative agency for 
     administrative costs;''.
                                 ______
                                 
  SA 1234. Ms. McSALLY (for herself and Mr. Booker) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title II of division A, insert 
     the following:
       Sec. 2__.  Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to the Committee on Appropriations and the Committee 
     on the Judiciary of the Senate detailing the efforts of the 
     Department of Justice to combat and enforce animal fighting 
     and animal welfare statutes, which shall include--
       (1) a break down of the number of personnel dedicated to 
     animal welfare crimes on a full-time basis, including their 
     respective departmental component;
       (2) a list of all cases involving animal welfare crimes 
     that the Department of Justice has prosecuted since 2014;
       (3) a list of investigations that were referred to the 
     Department of Justice that have been delayed or declined to 
     be prosecuted by the Department of Justice and the reason for 
     any deferral or declination; and
       (4) a qualitative description of how the Department of 
     Justice coordinates the efforts of the Department with other 
     governmental partners to ensure proper enforcement of animal 
     welfare laws.
                                 ______
                                 
  SA 1235. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as 
follows:

        At the appropriate place in paragraph (2) under the 
     heading ``tenant-based rental assistance'' under the heading 
     ``Public and Indian Housing'' in title II of division D, 
     insert the following: ``the family unification program under 
     section 8(x) of the Act,''.
                                 ______
                                 
  SA 1236. Mr. TILLIS (for himself, Mr. Gardner, and Mr. Graham) 
submitted an amendment intended to be proposed to amendment SA 948 
proposed by Mr. Shelby to 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title I of division A, insert 
     the following:
       Sec. ___.  None of the funds appropriated by this Act may 
     be used to enforce the safeguard measure imposed under 
     section 203 of the Trade Act of 1974 (19 U.S.C. 2253) with 
     respect to bifacial solar modules pursuant to Presidential 
     Proclamation 9693, issued on January 23, 2018 (83 Federal 
     Register 3541).
                                 ______
                                 
  SA 1237. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. 90__. REPORT ON MAINTAINING FEDERAL LAND HOLDINGS.

       Not later than 120 days after the date on which the 
     President submits to Congress the budget of the United States 
     for fiscal year 2020, the President shall submit to Congress 
     a report that describes--
       (1) all Federal land holdings; and
       (2) the total cost of maintaining the Federal land holdings 
     described under paragraph (1) for each of fiscal years 2017 
     through 2019, including an accounting of holdings and 
     expenditures by each Federal agency with respect to the land 
     holdings.
                                 ______
                                 
  SA 1238. Mr. MANCHIN (for himself, Mr. Casey, Mr. Kaine, Mr. Jones, 
Mr. Warner, Ms. Sinema, Mr. Sanders, Mr. Van Hollen, Ms. Duckworth, Mr. 
Brown, Mr. Durbin, and Ms. Harris) submitted an amendment intended to 
be proposed to amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. AMERICAN MINERS ACT OF 2019.

       (a) Transfers to 1974 UMWA Pension Plan.--
       (1) In general.--Subsection (i) of section 402 of the 
     Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232) is amended--
       (A) in paragraph (3)(A), by striking ``$490,000,000'' and 
     inserting ``$750,000,000'';
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) Additional amounts.--
       ``(A) Calculation.--If the dollar limitation specified in 
     paragraph (3)(A) exceeds the aggregate amount required to be 
     transferred under paragraphs (1) and (2) for a fiscal year, 
     the Secretary of the Treasury shall transfer an additional 
     amount equal to the difference between such dollar limitation 
     and such aggregate amount to the trustees of the 1974 UMWA 
     Pension Plan to pay benefits required under that plan.
       ``(B) Cessation of transfers.--The transfers described in 
     subparagraph (A) shall cease as of the first fiscal year 
     beginning after the first plan year for which the funded 
     percentage (as defined in section 432(j)(2) of the Internal 
     Revenue Code of 1986) of the 1974 UMWA Pension Plan is at 
     least 100 percent.
       ``(C) Prohibition on benefit increases, etc.--During a 
     fiscal year in which the 1974 UMWA Pension Plan is receiving 
     transfers under subparagraph (A), no amendment of such plan 
     which increases the liabilities of the plan by reason of any 
     increase in benefits, any change in the accrual of benefits, 
     or any change in the rate at which benefits become 
     nonforfeitable under the plan may be adopted unless the 
     amendment is required as a condition of qualification under 
     part I of subchapter D of chapter 1 of the Internal Revenue 
     Code of 1986.
       ``(D) Treatment of transfers for purposes of withdrawal 
     liability under erisa.--The amount of any transfer made under 
     subparagraph (A) (and any earnings attributable thereto) 
     shall be disregarded in determining the unfunded vested 
     benefits of the 1974 UMWA Pension Plan and the allocation of 
     such unfunded vested benefits to an employer for purposes of 
     determining the employer's withdrawal liability under section 
     4201 of the Employee Retirement Income Security Act of 1974.
       ``(E) Requirement to maintain contribution rate.--A 
     transfer under subparagraph (A) shall not be made for a 
     fiscal year unless the persons that are obligated to 
     contribute to the 1974 UMWA Pension Plan on the date of the 
     transfer are obligated to make the contributions at rates 
     that are no less than those in effect on the date which is 30 
     days

[[Page S6252]]

     before the date of enactment of 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.
       ``(F) Enhanced annual reporting.--
       ``(i) In general.--Not later than the 90th day of each plan 
     year beginning after the date of enactment of 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, the trustees 
     of the 1974 UMWA Pension Plan shall file with the Secretary 
     of the Treasury or the Secretary's delegate and the Pension 
     Benefit Guaranty Corporation a report (including appropriate 
     documentation and actuarial certifications from the plan 
     actuary, as required by the Secretary of the Treasury or the 
     Secretary's delegate) that contains--

       ``(I) whether the plan is in endangered or critical status 
     under section 305 of the Employee Retirement Income Security 
     Act of 1974 and section 432 of the Internal Revenue Code of 
     1986 as of the first day of such plan year;
       ``(II) the funded percentage (as defined in section 
     432(j)(2) of such Code) as of the first day of such plan 
     year, and the underlying actuarial value of assets and 
     liabilities taken into account in determining such 
     percentage;
       ``(III) the market value of the assets of the plan as of 
     the last day of the plan year preceding such plan year;
       ``(IV) the total value of all contributions made during the 
     plan year preceding such plan year;
       ``(V) the total value of all benefits paid during the plan 
     year preceding such plan year;
       ``(VI) cash flow projections for such plan year and either 
     the 6 or 10 succeeding plan years, at the election of the 
     trustees, and the assumptions relied upon in making such 
     projections;
       ``(VII) funding standard account projections for such plan 
     year and the 9 succeeding plan years, and the assumptions 
     relied upon in making such projections;
       ``(VIII) the total value of all investment gains or losses 
     during the plan year preceding such plan year;
       ``(IX) any significant reduction in the number of active 
     participants during the plan year preceding such plan year, 
     and the reason for such reduction;
       ``(X) a list of employers that withdrew from the plan in 
     the plan year preceding such plan year, and the resulting 
     reduction in contributions;
       ``(XI) a list of employers that paid withdrawal liability 
     to the plan during the plan year preceding such plan year 
     and, for each employer, a total assessment of the withdrawal 
     liability paid, the annual payment amount, and the number of 
     years remaining in the payment schedule with respect to such 
     withdrawal liability;
       ``(XII) any material changes to benefits, accrual rates, or 
     contribution rates during the plan year preceding such plan 
     year;
       ``(XIII) any scheduled benefit increase or decrease in the 
     plan year preceding such plan year having a material effect 
     on liabilities of the plan;
       ``(XIV) details regarding any funding improvement plan or 
     rehabilitation plan and updates to such plan;
       ``(XV) the number of participants and beneficiaries during 
     the plan year preceding such plan year who are active 
     participants, the number of participants and beneficiaries in 
     pay status, and the number of terminated vested participants 
     and beneficiaries;
       ``(XVI) the information contained on the most recent annual 
     funding notice submitted by the plan under section 101(f) of 
     the Employee Retirement Income Security Act of 1974;
       ``(XVII) the information contained on the most recent 
     Department of Labor Form 5500 of the plan; and
       ``(XVIII) copies of the plan document and amendments, other 
     retirement benefit or ancillary benefit plans relating to the 
     plan and contribution obligations under such plans, a 
     breakdown of administrative expenses of the plan, participant 
     census data and distribution of benefits, the most recent 
     actuarial valuation report as of the plan year, copies of 
     collective bargaining agreements, and financial reports, and 
     such other information as the Secretary of the Treasury or 
     the Secretary's delegate, in consultation with the Secretary 
     of Labor and the Director of the Pension Benefit Guaranty 
     Corporation, may require.

       ``(ii) Electronic submission.--The report required under 
     clause (i) shall be submitted electronically.
       ``(iii) Information sharing.--The Secretary of the Treasury 
     or the Secretary's delegate shall share the information in 
     the report under clause (i) with the Secretary of Labor.
       ``(iv) Penalty.--Any failure to file the report required 
     under clause (i) on or before the date described in such 
     clause shall be treated as a failure to file a report 
     required to be filed under section 6058(a) of the Internal 
     Revenue Code of 1986, except that section 6652(e) of such 
     Code shall be applied with respect to any such failure by 
     substituting `$100' for `$25'. The preceding sentence shall 
     not apply if the Secretary of the Treasury or the Secretary's 
     delegate determines that reasonable diligence has been 
     exercised by the trustees of such plan in attempting to 
     timely file such report.
       ``(G) 1974 umwa pension plan defined.--For purposes of this 
     paragraph, the term `1974 UMWA Pension Plan' has the meaning 
     given the term in section 9701(a)(3) of the Internal Revenue 
     Code of 1986, but without regard to the limitation on 
     participation to individuals who retired in 1976 and 
     thereafter.''.
       (2) Effective dates.--
       (A) In general.--The amendments made by this subsection 
     shall apply to fiscal years beginning after September 30, 
     2016.
       (B) Reporting requirements.--Section 402(i)(4)(F) of the 
     Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232(i)(4)(F)), as added by this subsection, shall apply to 
     plan years beginning after the date of the enactment of this 
     Act.
       (b) Inclusion in Multiemployer Health Benefit Plan.--
     Section 402(h)(2)(C) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is 
     amended--
       (1) by striking ``the Health Benefits for Miners Act of 
     2017'' both places it appears in clause (ii) and inserting 
     ``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'';
       (2) by striking ``, would be denied or reduced as a result 
     of a bankruptcy proceeding commenced in 2012 or 2015'' in 
     clause (ii)(II) and inserting ``or a related coal wage 
     agreement, would be denied or reduced as a result of a 
     bankruptcy proceeding commenced in 2012, 2015, 2018, or 
     2019'';
       (3) by striking ``the date of the enactment of the Health 
     Benefits for Miners Act of 2017'' each place it appears in 
     clause (ii) and inserting ``the date of the enactment of 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'',
       (4) by striking ``January 1, 2017'' in clause (ii) and 
     inserting ``January 1, 2019''; and
       (5) by adding at the end the following new clause:
       ``(vi) Related coal wage agreement.--For purposes of clause 
     (ii), the term `related coal wage agreement' means an 
     agreement between the United Mine Workers of America and an 
     employer in the bituminous coal industry that--

       ``(I) is a signatory operator; or
       ``(II) is or was a debtor in a bankruptcy proceeding that 
     was consolidated, administratively or otherwise, with the 
     bankruptcy proceeding of a signatory operator or a related 
     person to a signatory operator (as those terms are defined in 
     section 9701(c) of the Internal Revenue Code of 1986).''.

       (c) Reduction in Minimum Age for Allowable In-service 
     Distributions.--
       (1) In general.--Section 401(a)(36) of the Internal Revenue 
     Code of 1986 is amended by striking ``age 62'' and inserting 
     ``age 59\1/2\''.
       (2) Application to governmental section 457(b) plans.--
     Clause (i) of section 457(d)(1)(A) of the Internal Revenue 
     Code of 1986 is amended by inserting ``(in the case of a plan 
     maintained by an employer described in subsection (e)(1)(A), 
     age 59\1/2\)'' before the comma at the end.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to plan years beginning after December 31, 2019.
       (d) Black Lung Liability Trust Fund Excise Tax.--
       (1) In general.--Section 4121(e) of the Internal Revenue 
     Code of 1986 is amended--
       (A) by striking ``after the temporary increase termination 
     date'' in paragraph (1) and inserting ``during any temporary 
     increase inapplicable period'', and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Temporary increase inapplicable period.--For purposes 
     of paragraph (1), the term `temporary increase inapplicable 
     period' means--
       ``(A) the period beginning on January 1, 2019, and ending 
     on December 31, 2019, and
       ``(B) the period beginning on the earlier of--
       ``(i) January 1, 2029, or
       ``(ii) the first January 1 after 2007 as of which there is-

       ``(I) no balance of repayable advances made to the Black 
     Lung Disability Trust Fund, and
       ``(II) no unpaid interest on such advances.''.

       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales after December 31, 2019.
                                 ______
                                 
  SA 1239. Mr. ROMNEY submitted an amendment intended to be proposed to 
amendment SA 948 proposed by Mr. Shelby to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title VII of division B, 
     insert the following:
       Sec. __. (a) Section 907(a) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 387g(a)) is amended--

[[Page S6253]]

       (1) in paragraph (1), by adding at the end the following:
       ``(C) Special rule for electronic nicotine delivery 
     systems.--Beginning 90 days after the date of enactment of 
     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, an electronic nicotine delivery 
     system or any of its components or parts (including e-liquid) 
     shall not contain, as a constituent (including a smoke 
     constituent) or additive, an artificial or natural flavor 
     (other than tobacco) or an herb or spice, including 
     strawberry, grape, orange, clove, cinnamon, pineapple, 
     vanilla, coconut, licorice, cocoa, chocolate, cherry, coffee, 
     menthol, or mint that is a characterizing flavor of the 
     electronic nicotine delivery system or e-liquid. Nothing in 
     this subparagraph shall be construed to limit the Secretary's 
     authority to take action under this section or other sections 
     of this Act applicable to any artificial or natural flavor, 
     herb, or spice not specified in this subparagraph.''; and
       (2) by adding at the end the following:
       ``(7) Electronic nicotine delivery system standards.--Not 
     later than 1 year after the date of enactment of 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, the Secretary 
     shall promulgate regulations setting forth standards on the 
     permissible design of electronic nicotine delivery systems, 
     and issue guidance for manufacturers to implement such 
     standards. Such standards, at a minimum, shall--
       ``(A) prohibit refillable components or parts;
       ``(B) prohibit any electronic nicotine delivery system 
     designed to look like combustible cigarettes or commonplace, 
     nonmedical devices, such as pens or USB flash drives; and
       ``(C) require each electronic nicotine delivery system and 
     its components and parts to be tamper-proof.''.
       (b)(1) Section 900 of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 387) is amended--
       (A) by redesignating paragraphs (8) through (22) as 
     paragraphs (10) through (24); and
       (B) by inserting after paragraph (7) the following:
       ``(8) Electronic nicotine delivery system.--
       ``(A) In general.--The term `electronic nicotine delivery 
     system'--
       ``(i) means noncombustible tobacco products, including 
     vapes, vaporizers, vape pens, hookah pens, electronic 
     cigarettes (also known as `e-cigarettes' or `e-cigs'), and e-
     pipes that deliver an aerosolized e-liquid that may contain 
     nicotine, as well as varying compositions of flavorings, 
     propylene glycol, vegetable glycerin, and other ingredients; 
     and
       ``(ii) includes components and parts, such as e-liquids, 
     tanks, cartridges, pods, wicks, and atomizers.
       ``(B) Components and parts.--The term `components and 
     parts', with respect to an electronic nicotine delivery 
     system, means the objects intended or reasonably expected to 
     be used with, or for, the human consumption of a tobacco 
     product that are not accessories.
       ``(9) E-liquid.--The term `e-liquid' means liquid nicotine, 
     nicotine containing liquids (including liquid nicotine 
     combined with colorings, flavorings, or other ingredients), 
     and liquids that do not contain nicotine or other material 
     made or derived from tobacco, but that are intended or 
     reasonably expected to be used with or for the human 
     consumption of a tobacco product.''.
       (2) Section 9(1) of the Comprehensive Smokeless Tobacco 
     Health Education Act of 1986 (15 U.S.C. 4408(1)) is amended 
     by striking ``section 900(18)'' and inserting ``section 
     900(20)''.
       Sec. __. (a) Not later than 1 year after the date of 
     enactment of this Act and annually thereafter, the Secretary 
     of Health and Human Services (referred to in this section as 
     the ``Secretary''), in consultation with the Director of the 
     National Institutes of Health, the Commissioner of Food and 
     Drugs, the Director of the Centers for Disease Control and 
     Prevention, and other heads of appropriate agencies, as the 
     Secretary of Health and Human Services determines 
     appropriate, shall submit to the Committee on Health, 
     Education, Labor, and Pensions and the Committee on 
     Appropriations of the Senate and the Committee on Energy and 
     Commerce and the Committee on Appropriations of the House of 
     Representatives, and publicly post on an internet website, a 
     report on the public health risks of tobacco use that 
     includes--
       (1) the public health implications of the use of tobacco 
     products, with a focus on electronic nicotine delivery 
     systems and other alternative tobacco products;
       (2) emerging trends in tobacco use, including the use of 
     tobacco flavors and new tobacco products;
       (3) updates on the public health awareness campaign 
     authorized by subsection (b); and
       (4) recommendations for Congress.
       (b) The Secretary shall conduct a public awareness campaign 
     to educate the public about the public health implications of 
     using electronic nicotine delivery systems (as defined in 
     section 900 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 387)).
       (c) To carry out subsection (b), for each of fiscal years 
     2021 through 2024, there shall be transferred to the 
     Secretary, from the General Fund of the Treasury, the lesser 
     of--
       (1) the amount equal to the amount collected under 5701(h) 
     of the Internal Revenue Code of 1986 during the previous 
     fiscal year; or
       (2) $115,000,000.
       Sec. __. (a) Section 5701 of the Internal Revenue Code of 
     1986 is amended--
       (1) by redesignating subsection (h) as subsection (i), and
       (2) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Electronic Nicotine Delivery.--
       ``(1) Electronic nicotine delivery systems.--
       ``(A) In general.--On electronic nicotine delivery systems 
     (as defined in section 900(8) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 387(8))), manufactured in or imported 
     into the United States, there shall be imposed a tax equal to 
     $1.01 per electronic nicotine delivery system.
       ``(B) Exception.--This paragraph shall not apply to any 
     single-use electronic nicotine delivery system.
       ``(2) E-liquid.--On e-liquids (as defined in section 900(9) 
     of such Act) or single-use electronic nicotine delivery 
     systems, manufactured in or imported into the United States, 
     there shall be imposed a tax equal to--
       ``(A) in the case of a product which contains less than 5 
     percent nicotine by volume, $1.01, and
       ``(B) in the case of the product which contains a 
     percentage of nicotine by volume which is equal to or greater 
     than 5 percent, an amount equal to the sum of--
       ``(i) $1.01, plus,
       ``(ii) for each percentage point of nicotine by volume 
     contained in such product which is in excess of 5 percent, 
     20.2 cents (and a proportionate amount at the like rate on 
     any such percentage which is not a whole number).''.
       (b) Section 5702 of the Internal Revenue Code of 1986 is 
     amended--
       (1) in subsection (c), by striking ``and roll-your-own 
     tobacco'' and inserting ``roll-your-own tobacco, electronic 
     nicotine delivery systems, and e-liquids'', and
       (2) in subsection (d), by striking ``or roll-your-own 
     tobacco'' each place it appears and inserting ``roll-your-own 
     tobacco, electronic nicotine delivery systems, and e-
     liquids''.
       (c) The amendments made by this section shall apply to 
     articles removed after the date which is 90 days after the 
     date of enactment of this Act.
       Sec. __. (a) Any person who--
       (1) on the date of the enactment of this Act, is engaged in 
     business as a manufacturer of electronic nicotine delivery 
     systems or e-liquids, and
       (2) before the applicable date, submits an application 
     under subchapter B of chapter 52 of the Internal Revenue Code 
     of 1986 to engage in such business,
     may, notwithstanding such subchapter B, continue to engage in 
     such business pending final action on such application. 
     Pending such final action, all provisions of chapter 52 of 
     such Code shall apply to such applicant in the same manner 
     and to the same extent as if such applicant were a holder of 
     a permit to manufacture electronic nicotine delivery systems 
     or e-liquids under such chapter 52.
       (b)(1) On electronic nicotine delivery systems or e-liquids 
     manufactured in or imported into the United States which are 
     removed before the applicable date and held on such date for 
     sale by any person, there is hereby imposed a tax in an 
     amount equal to the tax which would be imposed under section 
     5701 of the Internal Revenue Code of 1986 on the article if 
     the article had been removed on such applicable date.
       (2)(A) A person holding electronic nicotine delivery 
     systems or e-liquids on the applicable date to which any tax 
     imposed by paragraph (1) applies shall be liable for such 
     tax.
       (B) The tax imposed by paragraph (1) shall be paid in such 
     manner as the Secretary shall prescribe by regulations.
       (C) The tax imposed by paragraph (1) shall be paid on or 
     before the date that is 120 days after the applicable date.
       (3) Notwithstanding the Act of June 18, 1934 (commonly 
     known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 
     81a et seq.), or any other provision of law, any article 
     which is located in a foreign trade zone on any tax increase 
     date shall be subject to the tax imposed by paragraph (1) 
     if--
       (A) internal revenue taxes have been determined, or customs 
     duties liquidated, with respect to such article before such 
     date pursuant to a request made under the 1st proviso of 
     section 3(a) of such Act, or
       (B) such article is held on such date under the supervision 
     of an officer of the United States Customs and Border 
     Protection of the Department of Homeland Security pursuant to 
     the 2d proviso of such section 3(a).
       (4) Rules similar to the rules of section 5061(e)(3) of the 
     Internal Revenue Code of 1986 shall apply for purposes of 
     this subsection.
       (5) All provisions of law, including penalties, applicable 
     with respect to the taxes imposed by section 5701 of the 
     Internal Revenue Code of 1986 shall, insofar as applicable 
     and not inconsistent with the provisions of this subsection, 
     apply to the floor stocks taxes imposed by paragraph (1), to 
     the same extent as if such taxes were imposed by such section 
     5701. The Secretary may treat any person who bore the 
     ultimate burden of the tax imposed by paragraph (1) as the 
     person

[[Page S6254]]

     to whom a credit or refund under such provisions may be 
     allowed or made.
       (c) For purposes of this section--
       (1) Any term used in this section which is also used in 
     section 5701 or 5702 of the Internal Revenue Code of 1986 
     shall have the same meaning as such term has in such section.
       (2) The term ``applicable date'' means the day after the 
     date which is 90 days after the date of enactment of this 
     Act.
       (3) The term ``Secretary'' means the Secretary of the 
     Treasury or the Secretary's delegate.
                                 ______
                                 
  SA 1240. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 916, to improve Federal efforts with respect to 
the prevention of maternal mortality, and for other purposes; which was 
referred to the Committee on Finance; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Healthy Maternal 
     Opportunities Matter Act of 2019'' or the ``Healthy MOM 
     Act''.

     SEC. 2. ADDITIONAL FUNDING FOR MATERNAL AND CHILD HEALTH 
                   PROJECTS.

       Section 501 of the Social Security Act (42 U.S.C. 701) is 
     amended by adding at the end the following new subsection:
       ``(d) In addition to the amounts appropriated under 
     subsection (a) and retained under section 502(b)(1)(A), out 
     of any money in the Treasury not otherwise appropriated, 
     there is appropriated to the Secretary $200,000,000 for the 
     period of fiscal years 2020 through 2024, to support 
     increased efforts to improve maternal and child health in 
     accordance with the projects described in subparagraphs (A) 
     through (E) of section 501(a)(3).''.

     SEC. 3. MEDICAID DEMONSTRATION PROGRAM TO INCREASE ACCESS TO 
                   MATERNAL HEALTH CARE IN UNDERSERVED AREAS.

       Section 1903 of the Social Security Act (42 U.S.C. 1396b) 
     is amended by adding at the end the following new subsection:
       ``(bb) Demonstration Project to Increase Access to Maternal 
     Health Care in Underserved Areas.--
       ``(1) In general.--In addition to the payments provided 
     under subsection (a), the Secretary shall provide for 
     payments to States for State activities to improve access to 
     maternal health care and prevent maternal mortality in 
     underserved areas (including rural areas) in the manner 
     described in paragraph (5).
       ``(2) Permissible use of funds.--The following are examples 
     of State activities for which funds provided under this 
     subsection may be used:
       ``(A) Developing and implementing innovative reimbursement 
     models for providers of maternal health care services.
       ``(B) Increasing maternal health professional recruitment 
     efforts.
       ``(C) Expanding access to telemedicine for women with high-
     risk pregnancies.
       ``(3) Application; terms and conditions.--
       ``(A) In general.--No payments shall be made to a State 
     under this subsection unless the State applies to the 
     Secretary for such payments in a form, manner, and time 
     specified by the Secretary.
       ``(B) Terms and conditions.--Such payments are made under 
     such terms and conditions consistent with this subsection as 
     the Secretary prescribes.
       ``(C) Annual report.--Payment to a State under this 
     subsection is conditioned on the State submitting to the 
     Secretary an annual report on the activities supported by 
     such payment. Such report shall include information on--
       ``(i) the specific uses of such payment;
       ``(ii) an assessment of quality improvements and clinical 
     outcomes resulting from such activities; and
       ``(iii) estimates of cost savings resulting from such 
     activities.
       ``(4) Duration.--No payment shall be made under this 
     subsection after fiscal year 2024.
       ``(5) Funding.--
       ``(A) In general.--Subject to subparagraph (B), State 
     expenditures on activities under this subsection shall be 
     treated as medical assistance for purposes of subsection (a).
       ``(B) Limitation on funds.--The total amount of payments 
     made under this subsection shall not exceed $2,500,000,000 
     for fiscal years 2020 through 2024. This subsection 
     constitutes budget authority in advance of appropriations 
     Acts and represents the obligation of the Secretary to 
     provide for the payment of amounts provided under this 
     subsection.''.

     SEC. 4. REGULAR FMAP APPLIED IN CASE OF CERTAIN MEDICAID 
                   EXPANSION INDIVIDUALS.

       Section 1905(y) of the Social Security Act (42 U.S.C. 
     1396d(y)) is amended--
       (1) in paragraph (1), by inserting ``subject to paragraph 
     (3),'' after ``Notwithstanding subsection (b),''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Exception.--With respect to amounts expended by a 
     State described in paragraph (1) for medical assistance for 
     items and services furnished on or after January 1, 2020, to 
     a newly eligible individual described in subclause (VIII) of 
     section 1902(a)(10)(A)(i) who is an inmate in a public 
     institution and is a patient in a medical institution, 
     paragraph (1) shall not apply with respect to such amounts 
     expended for such items and services and the Federal medical 
     assistance percentage for such State under subsection (b) 
     shall apply with respect to such amounts expended for such 
     items and services.''.

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