[Congressional Record Volume 165, Number 185 (Tuesday, November 19, 2019)]
[House]
[Pages H8972-H9041]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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
Mrs. LOWEY. Mr. Speaker, pursuant to House Resolution 708, I call up
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 the Senate
amendment thereto, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Evans). The Clerk will designate the
Senate amendment.
Senate amendment:
Strike out all after the enacting clause and insert the
following:
short title
Section 1. This Act may be cited as the ``Commerce,
Justice, Science, Agriculture, Rural Development, Food and
Drug Administration, Interior, Environment, Transportation,
and Housing and Urban Development Appropriations Act, 2020''.
references to act
Sec. 2. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any division of this
Act shall be treated as referring only to the provisions of
that division.
references to report
Sec. 3. (a) Any reference to a ``report accompanying this
Act'' contained in division A shall be treated as a reference
to Senate Report 116-127. The effect of such Report shall be
limited to division A and shall apply for purposes of
determining the allocation of funds provided by, and the
implementation of, division A.
(b) Any reference to a ``report accompanying this Act''
contained in division B shall be treated as a reference to
Senate Report 116-110. The effect of such Report shall be
limited to division B and shall apply for purposes of
determining the allocation of funds provided by, and the
implementation of, division B.
(c) Any reference to a ``report accompanying this Act''
contained in division C shall be treated as a reference to
Senate Report 116-123. The effect of such Report shall be
limited to division C and shall apply for purposes of
determining the allocation of funds provided by, and the
implementation of, division C.
(d) Any reference to a ``report accompanying this Act''
contained in division D shall be treated as a reference to
Senate Report 116-109. The effect of such Report shall be
limited to division D and shall apply for purposes of
determining the allocation of funds provided by, and the
implementation of, division D.
DIVISION A--COMMERCE AND 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 Departments
of Commerce and Justice, Science, and Related Agencies 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, 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, $521,250,000, to remain available until September 30,
2020, 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, of the amounts provided under this
heading, up to $10,000,000 shall be available for the
SelectUSA program: 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
section 27 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722), $279,500,000, to remain available
until expended, of which $31,000,000 shall be for grants
under such section 27.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$40,000,000: 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, section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722), 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
enterprises, including expenses of grants, contracts, and
other agreements with public or private organizations,
$40,000,000, of which not more than $15,500,000 shall be
available for overhead expenses, including salaries and
expenses, rent, utilities, and information technology
services.
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, $107,000,000, 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, $274,000,000: 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, $7,284,319,000, to
remain available until September 30, 2021: Provided, That,
from amounts provided herein, funds may be used for
promotion, outreach, and marketing
[[Page H8973]]
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: Provided further, That of the amount provided
under this heading, $2,500,000,000 is designated by the
Congress as being for the 2020 Census pursuant to section
251(b)(2)(G) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $42,441,000, 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 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,
$2,000,000 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), $753,500,000, 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,
$161,500,000, to remain available until expended, of which
$145,500,000 shall be for the Hollings Manufacturing
Extension Partnership, and of which $16,000,000 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), $123,000,000, 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, $3,727,466,000, 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,
$174,774,000 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 fishery activities related to the Saltonstall-Kennedy
Grant Program; Fisheries Data Collections, Surveys and
Assessments; and Interjurisdictional Fisheries Grants:
Provided further, That not to exceed $62,070,000 shall be for
payment to the Department of Commerce Working Capital Fund:
Provided further, That of the $3,919,740,000 provided for in
direct obligations under this heading, $3,727,466,000 is
appropriated from the general fund, $174,774,000 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: Provided
further, That the Administrator of the National Oceanic and
Atmospheric Administration submit to Congress a report on
existing supercomputing capacity and needs of the
Administration and on the incremental improvement to
operational weather forecasts that would result from a
significant investment in additional compute capacity.
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,
$1,552,528,000, 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
$1,565,528,000 provided for in direct obligations under this
heading, $1,552,528,000 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
[[Page H8974]]
each National Oceanic and Atmospheric Administration
procurement, acquisition or construction project having a
total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years: Provided further, That, within the
amounts appropriated, $1,302,000 shall be transferred to the
``Office of Inspector General'' account for activities
associated with carrying out investigations and audits
related to satellite procurement, acquisition and
construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2021: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants
to the States of Washington, Oregon, Idaho, Nevada,
California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or
endangered, or that are identified by a State as at-risk to
be so listed, for maintaining populations necessary for
exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and
other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed
to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of
the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $349,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
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,
$61,000,000: Provided, That, of the amounts provided under
this heading, no less than $34,231,000 shall be spent on
personnel compensation and benefits, as identified by object
classes 11, 12, and 13: Provided further, That no employee
of the Department of Commerce may be detailed or assigned
from a bureau or office funded by this Act or any other Act
to offices within the Office of the Secretary of the
Department of Commerce for more than 30 days in a fiscal year
unless the individuals employing bureau or office is fully
reimbursed for the salary and expenses of the employee for
the entire period of assignment using funds provided under
this heading.
renovation and modernization
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,000,000, to remain
available until expended.
business application system modernization
For carrying out the activities and requirements described
in section 1077 of division A of the National Defense
Authorization Act for Fiscal Year 2018, $22,000,000, to
remain available until September 30, 2022.
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.), $34,744,000: 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
(including transfer of funds)
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. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce 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: 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 or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That 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
for 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 $200,000, 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. Not later than one day after the date of the
enactment of this Act, using amounts appropriated or
otherwise made available in this title for the Bureau of
Industry and Security for operations and administration, the
Secretary of Commerce shall--
(1) publish in the Federal Register the report on the
findings of the investigation into the effect on national
security of imports of automobiles and automotive parts that
the Secretary initiated on May 23, 2018, under section 232(b)
of the Trade Expansion Act of 1962 (19 U.S.C. 1862(b)), as
required under paragraph (3)(B) of that section; and
(2) submit to Congress any portion of the report that
contains classified information, which may be viewed only by
Members of Congress and their staff with appropriate security
clearances.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2020''.
[[Page H8975]]
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
$15,000,000 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,
$105,000,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
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, $924,000,000, of which not to exceed $20,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the amount provided for INTERPOL
Washington dues payments, not to exceed $685,000 shall remain
available until expended: Provided further, That of the
total amount appropriated, not to exceed $9,000 shall be
available to INTERPOL Washington for official reception and
representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
of the amount appropriated, such sums as may be necessary
shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program
under section 8 of the Voting Rights Act of 1965 (52 U.S.C.
10305) and to reimburse the Office of Personnel Management
for such salaries and expenses: Provided further, That of
the amounts provided under this heading for the election
monitoring program, $3,390,000 shall remain available until
expended: Provided further, That of the amount appropriated,
not less than $195,982,000 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, $2,278,360,000: 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,
$16,000,000: 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, $1,410,000,000, 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, $17,000,000, 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,
[[Page H8976]]
$1,867,461,000, 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, $110,000,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking organizations,
transnational organized crime, and money laundering
organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and
drug trafficking, $550,458,000, of which $50,000,000 shall
remain available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $9,467,902,000, of which
not to exceed $216,900,000 shall remain available until
expended: Provided, That not to exceed $284,000 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; $485,000,000,
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, $2,340,010,000, 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: Provided,
That, using amounts made available under this heading, the
Drug Enforcement Administration shall continue to establish
and utilize data collection and sharing agreements with other
Federal agencies and continue to consider other sources of
information to properly assess the estimated rates of
overdose deaths and abuse and the overall public health
impact regarding covered controlled substances as required
under section 306(i) of the Controlled Substances Act (21
U.S.C. 826(i)), and shall report to the Committee on
Appropriations of the Senate not later than 30 days after the
date of enactment of this Act regarding the establishment and
utilization of such data collection and sharing agreements.
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,
$1,370,000,000, 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 $20,000,000 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, $7,470,000,000 of which not less than
$75,000,000 shall be for the programs and activities
authorized by the First Step Act of 2018 (Public Law 115-
391): 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 until
expended for necessary operations: 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, $290,000,000, to remain available until expended, of
which $181,000,000 shall be available only for costs related
to construction of new facilities: 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''); the Rape Survivor
Child
[[Page H8977]]
Custody Act of 2015 (Public Law 114-22) (``the 2015 Act'');
and the Abolish Human Trafficking Act (Public Law 115-392);
and for related victims services, $500,000,000, to remain
available until expended, which shall be derived by transfer
from amounts available for obligation in this Act from the
Fund established by section 1402 of chapter XIV of title II
of Public Law 98-473 (34 U.S.C. 20101), notwithstanding
section 1402(d) of such Act of 1984, and merged with the
amounts otherwise made available under this heading:
Provided, That except as otherwise provided by law, not to
exceed 5 percent of funds made available under this heading
may be used for expenses related to evaluation, training, and
technical assistance: Provided further, That of the amount
provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $36,500,000 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) $2,500,000 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) $11,000,000 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) $53,000,000 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) $37,500,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $43,500,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $45,500,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $17,000,000 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) $6,000,000 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) $500,000 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) $4,000,000 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) $1,000,000 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; 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
national study to understand the responses of law enforcement
to sex trafficking of minors; $2,000,000 is for a national
center on forensics; and $3,000,000 is for a national center
for restorative justice.
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); the SUPPORT for Patients and Communities Act
(Public Law 115-271); and the Second Chance Reauthorization
Act of 2018 (Public Law 115-391); and other programs,
$1,789,790,000, to remain available until expended as
follows--
(1) $545,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1, $12,000,000
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, $8,000,000 is
for an initiative to enhance prosecutorial decision-making,
$2,400,000 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, $20,000,000 is for programs to reduce
gun crime and gang violence, as authorized by Public Law 115-
185, $2,000,000 is for a grant to provide a drug field
testing and training initiative, $5,500,000 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, $1,000,000 is for a collaborative
mental health and anti-recidivism initiative, $100,000,000 is
for grants for law enforcement activities associated with the
presidential nominating conventions, $2,000,000 is for a
program to improve juvenile indigent defense, and $8,000,000
is for community-based violence prevention initiatives;
(2) $150,000,000 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) $85,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, for programs
[[Page H8978]]
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) $27,500,000 for the Patrick Leahy Bulletproof Vest
Partnership Grant Program, 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) $78,290,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
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) $136,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $125,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including 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) $7,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(11) $48,000,000 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) $38,000,000 for assistance to Indian tribes;
(14) $90,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199) and by the Second Chance Reauthorization
Act of 2018 (Public Law 115-391), without regard to the time
limitations specified at section 6(1) of such Act, of which
not to exceed $6,000,000 is for a program to improve State,
local, and tribal probation or parole supervision efforts and
strategies, $5,000,000 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 $4,500,000 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;
(15) $67,500,000 for initiatives to improve police-
community relations, of which $22,500,000 is for a
competitive matching grant program for purchases of body-worn
cameras for State, local and Tribal law enforcement,
$28,000,000 is for a justice reinvestment initiative, for
activities related to criminal justice reform and recidivism
reduction, and $17,000,000 is for an Edward Byrne Memorial
criminal justice innovation program;
(16) $378,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid, stimulant,
and substance abuse reduction consistent with underlying
program authorities--
(A) $80,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $33,000,000 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) $31,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(D) $23,000,000 for a veterans treatment courts program;
(E) $31,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products; and
(F) $180,000,000 for a comprehensive opioid, stimulant, and
substance abuse program;
(17) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act; and
(18) $67,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act:
Provided, That, if a unit of local government uses any of
the funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service.
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); the Juvenile Justice Reform Act of 2018
(Public Law 115-385); and other juvenile justice programs,
$315,000,000, to remain available until expended as follows--
(1) $63,000,000 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) $97,000,000 for youth mentoring grants;
(3) $40,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $5,000,000 shall be for the Tribal Youth Program;
(B) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated
parents;
(C) $2,000,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(D) $10,000,000 shall be for an opioid-affected youth
initiative; and
(E) $8,000,000 shall be for an initiative relating to
children exposed to violence;
(4) $27,000,000 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); and
(6) $3,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (3) and (6) may be
used for training and technical assistance: Provided
further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and
262 of the 1974 Act and to missing and exploited children
programs.
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''); the American Law Enforcement Heroes Act of 2017
(Public Law 115-37); and the SUPPORT for Patients and
Communities Act (Public Law 115-271), $335,000,000, 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) $245,000,000 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)
[[Page H8979]]
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 within the amounts
appropriated under this paragraph, $27,000,000 is for
improving tribal law enforcement, including hiring,
equipment, training, anti-methamphetamine activities, and
anti-opioid activities: 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, $5,000,000 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) $10,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $12,000,000 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) $35,000,000 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) $33,000,000 is for competitive grants to be
administered by the Community Oriented Policing Services
Office for purposes authorized under the STOP School Violence
Act (title V of division S of Public Law 115-141).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape or incest: Provided,
That should this prohibition be declared unconstitutional by
a court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. None of the funds made available under this
title may be used by the Federal Bureau of Prisons or the
United States Marshals Service for the purpose of
transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 207. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media
or equipment for inmate training, religious, or educational
programs.
Sec. 208. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information
technology program has appropriate program management
controls and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and in the report accompanying this Act, and to any use
of deobligated balances of funds provided under this title in
previous years.
Sec. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of section 545 of title 28, United
States Code.
Sec. 212. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this title under the headings
``Research, Evaluation and Statistics'', ``State and Local
Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 2 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 2 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.
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. In this fiscal year and each fiscal year
thereafter, amounts credited to and made available in the
Department of Justice Working Capital Fund as an offsetting
collection pursuant to section 108 of Public Law 103-121, 107
Stat. 1164 (1994) shall be so credited and available only to
the extent and in such amounts as provided in advance in
appropriations Acts: Provided, That notwithstanding 31
U.S.C. 3302 or any other statute affecting the crediting of
[[Page H8980]]
collections, the Attorney General may credit, as a
discretionary offsetting collection, to the Department of
Justice Working Capital Fund, for fiscal year 2020, up to
three percent of all amounts collected pursuant to civil debt
collection litigation activities of the Department of Justice
and, such amounts so credited in fiscal year 2020 shall
remain available until expended, shall be subject to the
terms and conditions of that fund, and shall be used only for
paying the costs of processing and tracking such litigation:
Provided further, That any such amounts from the fund that
the Attorney General determines are necessary to pay for the
costs of processing and tracking civil debt collection
litigation activities in fiscal year 2020 shall be
transferred to other appropriations accounts in the
Department of Justice for paying the costs of such
activities, and shall be in addition to any amounts otherwise
made available for such purpose in those appropriations
accounts: Provided further, That such transfer authority is
in addition to any other transfer authority provided by law:
Provided further, That any transfer of funds 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. 219. Not later than 30 days after the date of
enactment of this Act, the Attorney General shall submit to
Congress a report that--
(1) details the progress of the implementation of the
Ashanti Alert Act of 2018 (Public Law 115-401; 132 Stat.
5336) and the amendments made by that Act; and
(2) establishes a deadline for full implementation of that
Act and the amendments made by that Act, which shall be not
later than 90 days after the date of enactment of this Act.
Sec. 220. (a) Notwithstanding any other provision of this
Act, the total amount made available under the heading
``community oriented policing services programs (including
transfer of funds)'' under the heading ``Community Oriented
Policing Services'' under the heading ``DEPARTMENT OF
JUSTICE'' in this title shall be increased by $1,000,000,
which shall be used by increasing by that amount the amount
specified in paragraph (3) under such headings for
competitive grants to State law enforcement agencies in
States with high seizures of precursor chemicals, finished
methamphetamine, laboratories, and laboratory dump seizures.
(b) Notwithstanding any other provision of this Act, the
total amount made available for necessary expenses for
information sharing technology under the heading ``justice
information sharing technology (including transfer of
funds)'' under the heading ``General Administration'' under
the heading ``DEPARTMENT OF JUSTICE'' in this title shall be
decreased by $1,000,000.
Sec. 221. 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.
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,
$5,544,000.
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, $1,965,000: 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,
$6,905,700,000, to remain available until September 30, 2021:
Provided, That, $1,945,000,000 shall be for Earth Science;
$2,631,100,000 shall be for Planetary Science; $1,171,600,000
shall be for Astrophysics; $423,000,000 shall be for the
James Webb Space Telescope; and $735,000,000 shall be for
Heliophysics: Provided further, That the National
Aeronautics and Space Administration shall use the Space
Launch System as the launch vehicle for the Jupiter Europa
Clipper mission.
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,
$783,900,000, 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, $1,076,400,000, to remain available until September
30, 2021: Provided, That $180,000,000 shall be for RESTORE-
L: Provided further, That $100,000,000 shall be for the
development and demonstration of a nuclear thermal propulsion
system, of which $70,000,000 shall be for the design of a
flight demonstration system.
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,
$6,222,600,000, to remain available until September 30, 2021:
Provided, That not less than $1,406,700,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,585,900,000 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:
Provided further, That of the amounts provided for SLS, not
less than $300,000,000 shall be for Exploration Upper Stage
development: Provided further, That $590,000,000 shall be
for Exploration Ground Systems: Provided further, That the
National Aeronautics and Space Administration 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 SLS, 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 $1,640,000,000 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,
$4,150,200,000, 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
[[Page H8981]]
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, $112,000,000, to remain available
until September 30, 2021, of which $22,000,000 shall be for
the Established Program to Stimulate Competitive Research and
$47,000,000 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, $2,934,800,000, 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, $524,400,000, 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 $14,900,000: 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,
$40,000,000, 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.
Not more than 50 percent of the amounts made available in
this Act for the Gateway; Advanced Cislunar and Surface
Capabilities; Commercial LEO Development; and Lunar Discovery
and Exploration, excluding the Lunar Reconnaissance Orbiter,
may be obligated until the Administrator submits a multi-year
plan to the Committees on Appropriations of the House of
Representatives and the Senate that identifies estimated
dates, by fiscal year, for Space Launch System flights to
build the Gateway; the commencement of partnerships with
commercial entities for additional LEO missions to land
humans and rovers on the Moon; and conducting additional
scientific activities on the Moon. The multi-year plan shall
include key milestones to be met by fiscal year to achieve
goals for each of the lunar programs described in the
previous sentence and funding required by fiscal year to
achieve such milestones.
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; $6,769,670,000, to remain available until September
30, 2021, of which not to exceed $500,000,000 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, $253,230,000, 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, $937,000,000, to remain available until
September 30, 2021.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor
vehicles; uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; rental
of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for
security guard services; $336,900,000: 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.),
$4,500,000: 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,
$15,700,000, 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, $10,200,000:
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 the Chair may accept and use
any gift or donation to carry out the work of the Commission:
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).
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
[[Page H8982]]
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 $30,500,000 for
payments to State and local enforcement agencies for
authorized services to the Commission, $384,500,000:
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
may 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, $99,400,000, 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,
$425,500,000, of which $388,200,000 is for basic field
programs and required independent audits; $5,300,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $22,000,000 is for management and grants
oversight; $4,000,000 is for client self-help and information
technology; $4,500,000 is for a Pro Bono Innovation Fund; and
$1,500,000 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,
$54,000,000, 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.) $6,300,000, 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 transfer of funds)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2020, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates or initiates a new
program, project, or activity; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees;
(5) reorganizes or renames offices, programs, or activities;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; (7) augments
existing programs, projects, or activities in excess of
$500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress;
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made
available by this Act shall be used to purchase items that
are manufactured, produced, or assembled in the United
States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a quarterly report on the status of balances of
appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the
quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which
the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately
identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection
of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101) in any fiscal year in excess of
$3,177,000,000 shall not be available for obligation until
the
[[Page H8983]]
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 the Inspector General
and remain available until expended for oversight and
auditing purposes; 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. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 517. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 518. 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. 519. 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. 520. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent or more, the program manager shall immediately inform
the respective Secretary, Administrator, or Director. The
Secretary, Administrator, or Director shall notify the House
and Senate Committees on Appropriations within 30 days in
writing of such increase, and shall include in such notice:
the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed
to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and
the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new
estimates of the total project or procurement costs; and a
statement validating that the project's management structure
is adequate to control total project or procurement costs.
Sec. 521. 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. 522. None of the funds appropriated or otherwise made
available by this Act may be
[[Page H8984]]
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. 523. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the
following funds are hereby rescinded, not later than
September 30, 2020, from the following accounts in the
specified amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $10,000,000; and
(2) ``National Oceanic and Atmospheric Administration,
Fisheries Enforcement Asset Forfeiture Fund'', $5,000,000.
(b) 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'', $71,974,000 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'', $70,000,000.
(c) Of the unobligated balances available to the National
Aeronautics and Space Administration from prior year
appropriations under the heading ``Science'', $70,000,000 is
hereby rescinded.
(d) The Departments of Commerce and Justice and the
National Aeronautics and Space Administration 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 subsections (a), (b), and (c).
(e) The amounts rescinded in subsections (a), (b), and (c)
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. 524. 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. 525. 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--
(1) 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; or
(2) such conference is a scientific conference and the
department or agency head determines that such attendance is
in the national interest and notifies the Committees on
Appropriations of the House of Representatives and the Senate
within at least 15 days of that determination and the basis
for that determination.
Sec. 526. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 527. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 528. 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. 529. (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. 530. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 531. (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. 532. 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. 533. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 534. 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, 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 and unless such awards or incentive fees are
consistent with 16.401(e)(2) of the FAR.
Sec. 535. 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. 536. 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
[[Page H8985]]
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, the United States Virgin 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. 537. 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. 538. None of the funds provided in this Act shall be
available for obligation for the James Webb Space Telescope
(JWST) after December 31, 2019, if the individual identified
under subsection (c)(2)(E) of section 30104 of title 51,
United States Code, as responsible for JWST determines that
the formulation and development costs (with development cost
as defined under section 30104 of title 51, United States
Code) are likely to exceed $8,802,700,000, unless the program
is modified so that the costs do not exceed $8,802,700,000.
This division 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 programs 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,
$46,782,000, of which not to exceed $6,030,000 shall be
available for the immediate Office of the Secretary:
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; not to exceed $1,496,000 shall
be available for the Office of Homeland Security; not to
exceed $4,711,000 shall be available for the Office of
Partnerships and Public Engagement; not to exceed $23,176,000
shall be available for the Office of the Assistant Secretary
for Administration, of which $22,301,000 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
further, 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 $3,869,000 shall be available
for the Office of Assistant Secretary for Congressional
Relations to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and
liaison within the executive branch; and not to exceed
$7,500,000 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 may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of
Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation
of these funds by USDA agency: Provided further, That of the
funds made available under this heading, $3,000,000 shall be
made available to the Office of the Secretary to carry out
the duties of the working group established under section 770
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2019
(Public Law 116-6; 133 Stat. 89).
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $24,286,000, of which $8,000,000 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, of which not less than
$48,950,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $13,500,000.
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.),
$3,503,000, 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, $45,146,000.
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,
$86,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $175,294,000, 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,
$1,424,966,000, of which $41,100,000, to remain available
until expended, shall be used to carry out the science
program at the National Bio- and Agro-defense Facility
located in Manhattan, Kansas: Provided, 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
[[Page H8986]]
shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000,
except for headhouses or greenhouses which shall each be
limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be
that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law: Provided
further, That amounts made available under this heading may
be used to provide public access to a river at a research
facility of the Agricultural Research Service.
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, $304,800,000 to
remain available until expended, of which $166,900,000 shall
be allocated for ARS facilities co-located with university
partners.
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, $937,649,000, 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.
450i(b) may be retained by the Secretary of Agriculture to
pay administrative costs incurred by the Secretary in
carrying out that authority.
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, $509,082,000, 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.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$38,000,000, 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).
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, $901,000: 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), $1,027,916,000,
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 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 $705,000 shall be for activities
under the authority of the Horse Protection Act of 1970, 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 $186,013,000, to remain available until expended,
shall be for specialty crop pests; of which, $13,826,000, to
remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $16,523,000, 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: Provided, 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; of which $20,800,000, to
remain available until expended, shall be used to carry out
the science program at the National Bio- and Agro-defense
Facility located in Manhattan, Kansas: 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 operation and maintenance of
aircraft and the purchase of not to exceed five, of which two
shall be for replacement only: 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
[[Page H8987]]
fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $181,549,000, of which $6,000,000 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: Provided
further, That up to $4,454,000 of this appropriation may be
used for United States Warehouse Act activities to supplement
amounts made available by the United States Warehouse Act.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and
orders pursuant to the Agricultural Marketing Agreement Act
of 1937 and the Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $800,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $10,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,054,344,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2020 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act (7 U.S.C. 1901 et seq.): Provided further, That the Food
Safety and Inspection Service shall continue implementation
of section 11016 of Public Law 110-246 as further clarified
by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $901,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $206,530,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal
year pursuant to section 1241(a) of the Farm Security and
Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be
transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,127,837,000, 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, and of which
$5,000,000 shall be available to carry out section 310I of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1936c): Provided, 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),
$5,545,000.
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, $60,000,000:
Provided, That the Secretary shall deem the pink
[[Page H8988]]
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 and $2,745,000 for Indian highly
fractionated land loans, and $60,000 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, $319,762,000:
Provided, That of this amount, $294,114,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses'': Provided further,
That of this amount $16,081,000 shall be transferred to and
merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$58,361,000: Provided, That $2,000,000 shall be available
for compliance and integrity activities required under
section 516(b)(2)(C) of the Federal Crop Insurance Act of
1938 (7 U.S.C. 1516(b)(2)(C)) in addition to other amounts
provided: Provided further, 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.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $835,228,000, 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: Provided further,
That of the amounts made available under this heading,
$11,200,000, shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for
authorized ongoing watershed projects with a primary purpose
of providing water to rural communities.
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, $175,000,000, 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, $70,000,000 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.
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 of the Office of the Under Secretary
for Rural Development, $800,000.
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; $242,005,000: 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
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; $40,000,000 for section 515 rental housing;
$230,000,000 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, $90,000,000 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, $12,144,000:
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;
[[Page H8989]]
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), $18,583,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged
with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, $1,375,000,000, of which $40,000,000 shall be available
until September 30, 2021; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry
out the rental assistance program under section 521(a)(2) of
the Act: Provided, That rental assistance agreements entered
into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That upon
request by an owner of a project financed by an existing loan
under section 514 or 515 of the Act, the Secretary may renew
the rental assistance agreement for a period of 20 years or
until the term of such loan has expired, subject to annual
appropriations: 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
fourth 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, $56,500,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $32,000,000, 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, $24,500,000 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), $30,000,000, 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
$500,000,000 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, $45,778,000, to remain available until
expended: Provided, That $6,000,000 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 $5,778,000 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 $4,000,000
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,
$65,475,000, 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 $9,000,000 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
[[Page H8990]]
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), $15,600,000, of which
$2,800,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $3,000,000, to
remain available until expended, shall be for Agriculture
Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
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), $706,000: 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, $484,980,000, 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
$3,000,000 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: Provided further, That $68,000,000 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 $8,000,000 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
$10,000,000 of the amount appropriated under this heading
shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act
of 1936 (7 U.S.C. 918a): Provided further, That any prior
year balances for high-energy cost grants authorized by
section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Cost Grants Account: 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, $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.,
$34,000,000, 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, $5,340,000, 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, $30,000,000, 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.
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; $23,602,569,000 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,
$12,475,000 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,
$30,000,000 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,
$28,000,000 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 2020'':
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 in the first sentence by striking ``For fiscal year
2019'' and inserting ``For fiscal year 2020'': 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
in the first sentence by striking ``For fiscal year 2019''
and inserting ``For fiscal year 2020''.
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
[[Page H8991]]
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 $80,000,000 shall be used
for breastfeeding peer counselors and other related
activities, and $19,000,000 shall be used for infrastructure:
Provided further, That none of the funds provided in this
account shall be available for the purchase of infant formula
except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully
reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $69,163,287,000, of
which $3,000,000,000, 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, $160,891,000: 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 any 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), $217,920,000, 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,
$1,716,000,000, 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), $210,255,000, 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, not more than 10 percent, but not less
than $15,000,000, 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, $6,381,000, 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 $6,063,000 shall be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $318,000 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; $5,761,442,000: Provided,
That of the amount provided under this heading,
$1,074,714,000 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;
$220,142,000 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; $513,223,000
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; $41,923,000 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; $30,611,000
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; $20,151,000 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
[[Page H8992]]
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2020 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2020, including
any such fees collected prior to fiscal year 2020 but
credited for fiscal year 2020, shall be subject to the fiscal
year 2020 limitations: Provided further, That the Secretary
may accept payment during fiscal year 2020 of user fees
specified under this heading and authorized for fiscal year
2021, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2021 for which the
Secretary accepts payment in fiscal year 2020 shall not be
included in amounts under this heading: Provided further,
That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount
appropriated: (1) $1,081,356,000 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 $16,000,000 shall be used for inspections of
foreign seafood manufacturers and field examinations of
imported seafood; (2) $1,967,193,000 shall be for the Center
for Drug Evaluation and Research and related field activities
in the Office of Regulatory Affairs; (3) $419,302,000 shall
be for the Center for Biologics Evaluation and Research and
for related field activities in the Office of Regulatory
Affairs; (4) $240,966,000 shall be for the Center for
Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $580,486,000 shall be for
the Center for Devices and Radiological Health and for
related field activities in the Office of Regulatory Affairs;
(6) $66,712,000 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) $189,634,000 shall
be for Rent and Related activities, of which $54,889,000 is
for White Oak Consolidation, other than the amounts paid to
the General Services Administration for rent; (9)
$239,382,000 shall be for payments to the General Services
Administration for rent; and (10) $314,672,000 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 of the amounts that are
made available under this heading for ``other activities'',
and that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for
``Department of Health and Human Services--Office of
Inspector General'' for oversight of the programs and
operations of the Food and Drug Administration and shall be
in addition to funds otherwise made available for oversight
of the Food and Drug Administration: 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 AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $77,000,000 (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. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 71 passenger
motor vehicles of which 68 shall be for replacement only, and
for the hire of such vehicles: Provided, That
notwithstanding this section, the only purchase of new
passenger vehicles shall be for those determined by the
Secretary to be necessary for transportation safety, to
reduce operational costs, and for the protection of life,
property, and public safety.
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 as required by
section 716 of this Act: 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
and in accordance with the requirements of section 716 of
this Act: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and
other government agencies National Finance Center shared
services including, but not limited to, payroll, financial
management, and human capital shared services and allow the
National Finance Center to perform technology upgrades:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
attributable to the amounts in excess of the true costs of
the shared services provided by the National Finance Center
and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial,
administrative, and information technology services, and
other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue
operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of
[[Page H8993]]
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. 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: Provided, That except as otherwise specifically
provided by law, 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 $1,331,784,000 (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 agencies
funded by this Act 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 agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, 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;
unless the Secretary of Agriculture, or the Secretary of
Health and Human Services (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
authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act 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
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or 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, activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (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 or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program 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 agencies funded by this
Act 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
agencies funded by this Act, 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;
[[Page H8994]]
(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 agencies funded
by this Act notify, in writing, 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 Agriculture or the
Secretary of Health and Human Services 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. 717. 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. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, 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, or non-Farm Credit Administration
employee.
Sec. 719. 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. 720. 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. 721. 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, 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 report accompanying
this Act.
Sec. 722. 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. 723. 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. 724. 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. 725. 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, including cloud adoption and migration,
of primary benefit to the agencies of the Department of
Agriculture.
Sec. 726. 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. 727. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or
use of hemp, or seeds of such plant, that is grown or
cultivated in accordance with subsection section 7606 of the
Agricultural Act of 2014 or Subtitle G of the Agricultural
Marketing Act of 1946, within or outside the State in which
the hemp is grown or cultivated.
Sec. 728. 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. 729. 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. 730. 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. 731. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and
risk-based preventive control requirements of the current
good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
Sec. 732. There is hereby appropriated $10,000,000, 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. 733. (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. 734. 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. 735. The National Bio and Agro-Defense Facility shall
be transferred without reimbursement from the Secretary of
Homeland Security to the Secretary of Agriculture.
Sec. 736. There is hereby appropriated $1,000,000 for the
Secretary to carry out a pilot program that provides forestry
inventory analysis, forest management and economic outcomes
modelling for certain currently enrolled Conservation Reserve
Program participants. The Secretary shall allow the Commodity
Credit Corporation to enter into agreements with and provide
grants to qualified non-profit organizations dedicated to
conservation, forestry and wildlife habitats, that also have
experience in conducting accurate forest inventory analysis
through the use of advanced, cost-effective technology. The
Secretary shall focus the analysis
[[Page H8995]]
on lands enrolled for at least eight years and located in
areas with a substantial concentration of acres enrolled
under conservation practices devoted to multiple bottomland
hardwood tree species including CP03, CP03A, CP11, CP22, CP31
and CP40.
Sec. 737. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16
U.S.C. 1310, there is appropriated $4,000,000, to remain
available until expended, to implement non-renewable
agreements on eligible lands, including flooded agricultural
lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
Sec. 738. There is hereby appropriated $2,000,000 to carry
out section 1621 of Public Law 110-246.
Sec. 739. 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. 740. (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. 741. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2020, an
amount of funds made available in title III under the
headings of Rural Housing Insurance Fund Program Account,
Mutual and Self-Help Housing Grants, Rural Housing Assistance
Grants, Rural Community Facilities Program Account, Rural
Business Program Account, Rural Development Loan Fund Program
Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to
funds provided under such headings in the most recent fiscal
year any such funds were obligated under such headings for
REAP Zones.
Sec. 742. There is hereby appropriated $1,000,000, to
remain available until expended, for a pilot program for the
Secretary to provide grants to qualified non-profit
organizations and public housing authorities to provide
technical assistance, including financial and legal services,
to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas
where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public
housing authorities as authorized by law that commit to keep
such properties in the RHS multi-family housing program for a
period of time as determined by the Secretary.
Sec. 743. 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. 744. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought
or severe weather, the Secretary may provide potable water
through the Emergency Community Water Assistance Grant
Program for an additional period of time not to exceed 120
days beyond the established period provided under the Program
in order to protect public health.
Sec. 745. Of the total amounts made available by this Act
for direct loans and grants 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. 746. 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. 747. There is hereby appropriated $2,000,000, 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. 748. 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. 749. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated
by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for
Human Consumption,'' and published on November 27, 2015, with
respect to the regulation of the production, distribution,
sale, or receipt of grape varietals that are grown, harvested
and used solely for wine and receive commercial processing
that adequately reduces the presence of microorganisms of
public health significance.
Sec. 750. 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. 751. For school year 2019-2020, 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. 752. Not later than 180 days after the date of
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. 753. There is hereby appropriated $20,000,000, to
remain available until expended, to carry out section 12513
of Public Law 115-334: Provided, That the Secretary shall
take measures to ensure an equal distribution of funds
between the three regional innovation initiatives.
Sec. 754. There is hereby appropriated $5,000,000, to
remain available until September 30, 2021, to carry out
section 2103 of Public Law 115-334.
Sec. 755. 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. 756. There is hereby appropriated $2,000,000 to carry
out section 4206 of Public Law 115-334.
Sec. 757. There is hereby appropriated $20,000,000, for an
additional amount for ``Department of Health and Human
Services--Food and Drug Administration--Buildings and
Facilities'' to remain available until expended and in
addition to amounts otherwise made available for such
purposes, for necessary expenses of
[[Page H8996]]
plans, construction, repair, improvement, extension,
alteration, demolition and purchase of fixed equipment or
facilities of or used by FDA.
Sec. 758. There is hereby appropriated $5,000,000 to carry
out section 6424 of Public Law 115-334.
Sec. 759. Of the unobligated balances from amounts made
available to carry out section 749 of Division A of Public
Law 115-31 and section 739 of Division A of Public Law 115-
141, $15,073,000 are rescinded.
Sec. 760. In addition to amounts otherwise made available
by this or any other Act, there is hereby appropriated
$5,000,000, to remain available until expended, under the
heading ``Rural Water Technical Assistance Grant Program
Account'' for the cost of a pilot program in coordination
with a regional research university consortium for research
and direct services to address challenges facing traditional
rural wastewater systems needs: Provided, That the pilot
should address the wastewater needs of historically
impoverished communities that have had difficult soil
conditions for traditional wastewater treatment systems.
Sec. 761. (a) Section 313(b) of the Rural Electrification
Act of 1936, as amended (7 U.S.C. 940c(b)), shall be applied
for fiscal year 2020 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 $425,000,000 of funds
available in this subaccount in fiscal year 2019 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 and shall use $128,000,000 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 for water and
waste disposal grants under section 306(a)(2) of the
Consolidated Farm and Rural Development Act.'': Provided,
That any use of such funds shall be treated as a
reprogramming of funds under section 716 of this Act.
(b) Section 762(b) of division B of Public Law 116-6 shall
no longer apply.
Sec. 762. In addition to amounts otherwise made available
by this or any other Act, there is hereby appropriated
$9,500,000, to remain available until expended, under the
heading ``National Institute of Food and Agriculture--
Research and Education Activities'' and $15,500,000, to
remain available until expended, under the heading ``Economic
Research Service'' for salaries and expenses, including for
relocation expenses, the costs of alteration and repair of
leased buildings and improvements pursuant to 7 U.S.C. 2250,
and other transition costs, for the relocation of employees
and certain operations to the Kansas City metropolitan area,
as directed by the decision of the Secretary of Agriculture
dated June 13, 2019.
Sec. 763. No food containing genetically engineered salmon
shall be permitted to be introduced, or delivered for
introduction, into interstate commerce until the conclusion
and transmittal to Congress of a consumer study of the
efficacy of the Department of Agriculture's National
Bioengineered Food Disclosure Standard for informing
consumers of the genetically engineered content of salmon
products, as set forth in 21 CFR 528.1092: Provided, That
the study shall be performed by a commission constituted
jointly by the United States Department of Agriculture and
the Food and Drug Administration under the Federal Advisory
Committee Act and shall commence no later than 180 days after
the enactment of this Act.
Sec. 764. (a) Title I of the Additional Supplemental
Appropriations for Disaster Relief Act, 2019 (Public Law 116-
20) is amended in the matter under the heading ``Department
of Agriculture--Office of the Secretary'' by inserting ``to
cooperative processors for reduced quantity and quality sugar
beets,'' after ``planting in 2019,'': Provided, That amounts
repurposed under this section that were previously designated
by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and shall be
available only if the President subsequently so designates
all such amounts and transmits such designations to the
Congress.
(b) This section shall become effective immediately upon
enactment of this Act.
Sec. 765. 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. 766. Section 9(i)(2) of the Food and Nutrition Act of
2008 (7 U.S.C. 2018(i)(2)) is amended by striking ``for a
period'' and all that follows through ``2018'' and inserting
``prior to December 31, 2020''.
Sec. 767. Not later than 60 days after enactment of this
Act, the Commissioner of the Food and Drug Administration
shall issue a request for information to determine the next
steps that will address the recent pulmonary illnesses
reported to be associated with the use of e-cigarettes and
vaping products. As part of such request for information, the
Commissioner shall request public comment on product design
and how to prevent consumers from modifying or adding any
substances to these products that are not intended by the
manufacturer: Provided, That the Food and Drug
Administration shall provide an update to the Committee on
Appropriations on a quarterly basis.
report on food distribution programs reaching underserved populations
Sec. 768. The Secretary of Agriculture shall conduct a
study on the challenges that the food distribution program on
Indian reservations established under section 4(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) and other
food distribution programs administered by the Secretary of
Agriculture face in reaching underserved populations, with an
emphasis on the homebound and the elderly, to better capture
data on the population of people unable to physically travel
to a distribution location for food.
Sec. 769. (a) In General.--Not later than 180 days after
the date of enactment of this Act, the Secretary of
Agriculture shall submit to Congress a report that describes
the economic and environmental impacts of importing orchids
in growing media.
(b) Requirements.--The report under subsection (a) shall
include--
(1) a description of--
(A) the economic impact of importing orchids in growing
media on a State-by-State basis, with data collected from
local growers; and
(B) any incidents of pests detected on orchids imported
with growing media; and
(2) an analysis with respect to the additional resources
that are necessary to prevent and mitigate the introduction
of pests resulting from importing orchids in growing media.
Sec. 770. (a) There is appropriated $3,000,000 to carry out
section 1673(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5926(d)).
(b) The amount made available under the heading ``Office of
the Secretary'' in title I for necessary expenses of the
Office of the Secretary shall be reduced by $3,000,000, which
shall be derived by reducing the amount provided under that
heading for Departmental Administration by $3,000,000.
Sec. 771. (a) Notwithstanding any other provision of this
Act, the amount made available under the heading ``extension
activities'' under the heading ``National Institute of Food
and Agriculture'' under the heading ``AGRICULTURAL PROGRAMS''
in title I shall be increased by $5,000,000, which shall be
used by increasing by that amount the amount specified for
the Farm and Ranch Stress Assistance Network in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the report accompanying this Act.
(b) Notwithstanding any other provision of this Act, the
amount made available for the Office of the Chief Financial
Officer under the heading ``Office of the Chief Financial
Officer'' under the heading ``AGRICULTURAL PROGRAMS'' in
title I shall be reduced by $5,000,000.
Sec. 772. (a) There is appropriated $5,000,000 to carry out
section 1450 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222e).
(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 $5,000,000.
Sec. 773. In providing assistance under title V of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.) using amounts
made available under title III, the Secretary of Agriculture
shall prioritize the maintenance needs for rural housing
facilities and staff needs, which shall include
prioritizing--
(1) oversight of aging rental housing program properties
with capital repair needs;
(2) the needs of staff overseeing the Rural Housing Service
and field staff conducting housing inspections; and
(3) enforcement against property owners when those owners
fail to make necessary repairs.
Sec. 774. (a) Notwithstanding any other provision of this
Act, the amount appropriated under this Act to the Rural
Utilities Service under the heading ``distance learning,
telemedicine, and broadband program'' for grants for
telemedicine and distance learning services in rural areas
shall be increased by $1,000,000.
(b) Notwithstanding any other provision of this Act, the
amount appropriated under this Act to the Department of
Agriculture under the heading ``Agriculture Buildings and
Facilities'' shall be reduced by $1,000,000.
Sec. 775. (a) There is appropriated $3,000,000 to carry out
the emergency and transitional pet shelter and housing
assistance grant program established under section 12502(b)
of the Agriculture Improvement Act of 2018 (34 U.S.C. 20127).
(b) The amount made available under the heading ``Office of
the Secretary'' in title I for necessary expenses of the
Office of the Secretary shall be reduced by $3,000,000, which
shall be derived by reducing the amount provided under that
heading for Departmental Administration by $3,000,000.
Sec. 776. (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.
Sec. 777. (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).
[[Page H8997]]
(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.
Sec. 778. (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.
This division 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
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)), $1,250,274,000, to remain available until expended:
Provided, That amounts in the fee account of the BLM Permit
Processing Improvement Fund may be used for any bureau-
related expenses associated with the processing of oil and
gas applications for permits to drill and related use
authorizations.
In addition, $40,696,000 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 $1,250,274,000, 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.
land acquisition
(including rescission of funds)
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, $28,800,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water
Conservation Fund, $2,367,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed
projects: 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.
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; $106,985,000, 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
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, $1,357,182,000, to remain available until
September 30, 2021, of which $4,088,000 shall be for
activities under section 5(d)(2) of the Lake Tahoe
Restoration Act (Public Law 106-506; 114 Stat. 2353; 130
Stat. 1786): Provided, That not to exceed $18,318,000 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)).
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; $43,226,000, to remain available until
expended.
land acquisition
(including rescission of funds)
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, $58,770,000, to be
derived from the Land and Water Conservation Fund and to
remain available until expended: 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.
Of the unobligated balances from amounts made available for
the Fish and Wildlife Service
[[Page H8998]]
and derived from the Land and Water Conservation Fund,
$3,628,000 is hereby permanently rescinded from projects with
cost savings or failed or partially failed projects:
Provided further, 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.
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), $53,495,000,
to remain available until expended, of which $22,695,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund; and of which $30,800,000 is to be derived
from the Land and Water Conservation Fund.
Of the unobligated balances made available from the
Cooperative Endangered Species Conservation Fund, $18,771,000
is permanently rescinded from projects or from other grant
programs with an unobligated carry over balance: 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.), $44,000,000, 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.), $12,800,000, 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, $65,171,000, to remain
available until expended: Provided, That of the amount
provided herein, $4,809,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$6,362,000 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
$10,571,000 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
(including rescission of funds)
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, $2,564,597,000, of which
$10,032,000 shall be for planning and interagency
coordination in support of Everglades restoration and
$135,980,000 shall be for maintenance, repair, or
rehabilitation projects for constructed assets and
$153,575,000 for cyclic maintenance projects for constructed
assets and cultural resources 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), $3,300,000 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, of the funds made
available under this heading, $3,576,000 shall be made
available for the Partnership Wild and Scenic Rivers program
and similarly managed rivers: Provided further, That,
notwithstanding sections 7(b), 8, and 9 of the 400 Years of
African-American History Commission Act (36 U.S.C. note prec.
101; Public Law 115-102), of the amount made available under
this heading, $500,000 shall be provided to the 400 Years of
African-American History Commission for expenditure on
activities authorized by that Act through July 1, 2021.
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, $68,084,000.
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), $113,160,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2020, of which $14,000,000 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,
$16,250,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, $9,000,000 is for
grants to Historically Black Colleges and Universities, and
$7,500,000 is for competitive grants for the restoration of
historic properties of national, State and local significance
listed on or eligible for inclusion on the National Register
of Historic Places, to be made without imposing the usage or
direct grant restrictions of section 101(e)(3) (54 U.S.C.
302904) of the National Historical Preservation Act:
Provided further, That such competitive grants shall be made
without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code, to States and
Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including
Certified Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$392,185,000, to remain available until expended: Provided,
That notwithstanding any other provision of
[[Page H8999]]
law, for any project initially funded in fiscal year 2020
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 acquisition and state assistance
(including rescission of funds)
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, $199,899,000, 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 $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized
by chapter 3081 of title 54, United States Code.
Of the unobligated balances from amounts made available for
the National Park Service and derived from the Land and Water
Conservation Fund, $2,279,000 is hereby permanently rescinded
from projects or from other grant programs with an
unobligated carry over balance: Provided, That no amounts
may be rescinded from amounts that were designed 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.
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; $1,209,601,000, to
remain available until September 30, 2021; of which
$79,337,000 shall remain available until expended for
satellite operations; and of which $71,164,000 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, $193,426,000, of which $133,426,000
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 $133,426,000: 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, $146,341,000, of which
$120,341,000 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
$120,341,000.
For an additional amount, $41,000,000, 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 $41,000,000, the amounts realized in excess of
$41,000,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2020, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,899,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
[[Page H9000]]
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, $117,768,000, 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 $117,678,000.
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 described 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 described 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.
Indian Affairs
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.), $1,533,461,000, 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 $74,734,000
shall be for welfare assistance payments: Provided, That in
cases of designated Federal disasters, the Secretary may
exceed such cap, for welfare payments 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 later than 120 days after the date
of enactment of this Act, the Director of the Bureau of
Indian Affairs shall submit to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a report
describing the facilities investments required to improve the
direct service and tribally operated detention and public
safety facilities in Indian country that are in poor
condition, including associated cost estimates: Provided
further, That not to exceed $57,424,000 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 and rescission 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; $128,723,000, 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 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 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, within 18
months of the date of enactment of this Act, any Public Law
93-638 contractor 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: 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).
Of the unobligated balances made available for the
``Construction, Resources Management'' account, $2,000,000 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.
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,
$10,779,000, of which $1,455,000 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 $174,616,164.
bureau of indian education
operation of indian education programs
(including transfer of funds)
For expenses necessary for the operation of Indian
education programs, as authorized by law, including the
Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian
Self-Determination and Education Assistance Act of 1975 (25
U.S.C.5301 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.), $905,841,000, 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 $685,223,000 for school operations 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.), not to exceed $83,407,000 within and only from
[[Page H9001]]
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 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, improvements, 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: $238,250,000,
to remain available until expended; Provided, 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, within 18 months of the date of
enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501
et seq.) grantee or Public Law 93-638 (25 U.S.C. 5301 et
seq.) contractor 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 Affairs and 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 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 or the Bureau of
Indian Education for central office oversight, Education
Management, 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 or the Bureau of
Indian Education under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act as
amended.
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs or 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 the 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.
Funds made available within Operation of Indian Programs,
Operation of Indian Education Programs, Construction, and
Education Construction may be used to execute requested
adjustments in tribal priority allocations.
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, $136,244,000, to remain available until
September 30, 2021; 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 Appraisal and
Valuation Service Office 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'' account, and the Bureau of
Indian Education ``Operation of Indian Education Programs''
account 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 2019, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.), shall remain available until expended by the
contractor or grantee.
administrative provisions
For fiscal year 2020, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $102,131,000, of which: (1) $92,640,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative
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
[[Page H9002]]
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, $8,463,000, 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:
Provided, That of the funds appropriated under this heading,
$5,000,000 is for deposit into the Compact Trust Fund of the
Republic of the Marshall Islands as compensation authorized
by Public Law 108-188 for adverse financial and economic
impacts.
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,
$53,000,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $111,540,000, to remain available until expended, of
which not to exceed $19,016,000 from this or any other Act,
may be available for historical accounting: Provided, 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''
account, the 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 eighth
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.
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 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:
Provided, That the Secretary of the Department 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.), $10,010,000, to
remain available until expended.
[[Page H9003]]
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, $68,235,000, 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 the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; 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 for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire suppression''
shall be exhausted within 30 days: 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.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2020. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2020, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2020 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 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) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within
30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing.
[[Page H9004]]
contracts and agreements for wild horse and burro holding facilities
Sec. 108. 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. 109. 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. 110. 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. 111. 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. 112. (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. 113. Section 6906 of title 31, United States Code, is
amended by striking ``fiscal year 2019'' and inserting
``fiscal year 2020''.
obligation of funds
Sec. 114. 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.
sage-grouse
Sec. 115. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
write or issue pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 116. The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may transfer funds
among and between the successor offices and bureaus affected
by the reorganization only in conformance with the
reprogramming guidelines described in the report accompanying
this Act.
law enforcement reporting
Sec. 117. The Bureau of Indian Affairs shall conduct a
study to identify the law enforcement staffing needs of
Indian Tribes, which shall include--
(1) a detailed analysis, by Indian Tribe, of law
enforcement hiring impediments and challenges;
(2) a strategy on how to recruit and train law enforcement
officers and fill law enforcement vacancies; and
(3) a proposed strategy that could be used to address the
impediments and challenges identified in paragraph (1).
gao study on outdoor recreation
Sec. 118. (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
(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 United 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).
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,
$713,259,000, 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 $31,000 for
official reception and representation expenses,
$2,623,582,000, 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, $471,741,000 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.
[[Page H9005]]
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, $41,489,000, 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,
$34,467,000, 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) $1,167,783,000, 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 $1,167,783,000
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 $17,775,000
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, $91,941,000, to remain
available until expended, of which $66,572,000 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, $18,290,000, 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, $4,247,028,000, to remain
available until expended, of which--
(1) $1,638,826,000 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
$1,126,088,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal
year 2020, to the extent there are sufficient eligible
project applications and projects are consistent with State
Intended Use Plans, not less than 10 percent of the funds
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants shall be used by
the State for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal
year 2020, funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants may, at the discretion of each State, be used for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2020 and prior years
where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable
by the Administrator, accounted for separately from other
assets in the fund, and used for eligible purposes of the
fund, including administration: Provided further, That for
fiscal year 2020, notwithstanding the provisions of
subsections (g)(1), (h), and (l) of section 201 of the
Federal Water Pollution Control Act, grants made under title
II of such Act for American Samoa, Guam, the commonwealth of
the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments: Provided
further, That for fiscal year 2020, notwithstanding the
provisions of such subsections (g)(1), (h), and (l) of
section 201 and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2020, notwithstanding
any provision of the Federal Water Pollution Control Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year 2020, funds reserved
under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section 518(h) of
such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native
Villages as defined in Public Law 92-203: Provided further,
That for fiscal year 2020, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i)
of the Safe Drinking Water Act, up to a total of 2 percent of
the funds appropriated, or $20,000,000, whichever is greater,
for State Revolving Funds under such Acts may be reserved by
the Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2020, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2020,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water
State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State
Revolving Fund capitalization grants and 20 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 20 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) $19,511,000 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
[[Page H9006]]
water, wastewater, or other necessary infrastructure;
(3) $29,186,000 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) $85,166,000 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 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) $85,166,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $56,306,000 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) $25,816,000 shall be for grants for small and
disadvantaged communities authorized in section 2104 of the
Water Infrastructure Improvements for the Nation Act (Public
Law 114-322);
(9) $19,511,000 shall be for grants for reducing lead in
drinking water authorized in section 2105 of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322);
(10) $2,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l)), as
amended by section 2005 of the America's Water Infrastructure
Act of 2018 (Public Law 115-270);
(11) $29,186,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d)), as
amended by section 2107 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322) and
section 2006(a) of the America's Water Infrastructure Act of
2018 (Public Law 115-270);
(12) $5,000,000 shall be for grants under section 1465 of
the Safe Drinking Water Act (42 U.S.C. 300j-25), as added by
section 2006(b) of the America's Water Infrastructure Act of
2018 (Public Law 115-270);
(13) $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)), as added by section 4103 of the America's
Water Infrastructure Act of 2018 (Public Law 115-270);
(14) $20,497,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301), as
amended by section 4106 of the America's Water Infrastructure
Act of 2018 (Public Law 115-270);
(15) $1,000,000 shall be for grants authorized in section
4304 of the America's Water Infrastructure Act of 2018
(Public Law 115-270); and
(16) $1,086,769,000 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: $46,190,000 shall be for carrying
out section 128 of CERCLA; $9,332,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,449,000 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; $24,000,000 shall
be for multipurpose grants, including interagency agreements.
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, $65,000,000, 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 $13,500,000,000: Provided further,
That of the funds made available under this heading,
$5,000,000 shall be used solely for the cost of direct loans
and for the cost of guaranteed loans for projects described
in section 5026(9) of the Water Infrastructure Finance and
Innovation Act of 2014 to State infrastructure financing
authorities, as authorized by section 5033(e) of such Act.
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, $8,000,000, to remain available until September 30,
2021.
Administrative Provisions--Environmental Protection Agency
(including transfers)
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
$301,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000
per project.
For fiscal year 2020, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2020 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $1,000,000 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).
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
For necessary expenses of the Forest Service, not otherwise
provided for, $953,750,000, to remain available through
September 30, 2023: (1) for the base salary and expenses of
permanent employees carrying out administrative and general
management support functions, in an amount not to exceed
$257,050,000; (2) for the costs of facility maintenance,
repairs, and leases for buildings and sites where these
support functions take place; (3) for the costs of: (A) all
utility and telecommunication expenses of the Forest Service,
and (B) business services; and (4) for information technology
including cyber security requirements: Provided, That funds
provided under this heading may be used for necessary
administrative support function expenses of the Forest
Service not otherwise provided for and necessary for its
operation.
[[Page H9007]]
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $257,640,000, to remain available through
September 30, 2023: Provided, That of the funds provided,
$14,810,000 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,
$317,964,000, to remain available through September 30, 2023,
as authorized by law; of which $63,990,000 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,
$1,857,280,000, to remain available through September 30,
2023: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape
Restoration Fund for ecological restoration treatments as
authorized by 16 U.S.C. 7303(f): Provided further, That 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: Provided further, That of the funds provided,
$24,330,000 shall be for forest products: Provided further,
That of the funds provided, $149,990,000 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
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $107,940,000, 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 2019 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
(including rescission of funds)
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, $73,741,000, to
be derived from the Land and Water Conservation Fund and to
remain available until expended.
Of the unobligated balances from amounts made available for
Forest Service and derived from the Land and Water
Conservation Fund, $2,000,000 is hereby permanently rescinded
from projects with cost savings or failed projects or
partially failed that had funds returned: 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.
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, 2023, (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, $1,964,730,000, 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 the 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).
Any appropriations or funds available to the Forest Service
may be transferred to the
[[Page H9008]]
Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire
preparedness due to severe burning conditions upon the
Secretary's notification of the House and Senate Committees
on Appropriations that all fire suppression funds
appropriated under the heading ``Wildland Fire Management''
will be obligated within 30 days: Provided, That all funds
used pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
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.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water, such transferred funds shall remain
available through September 30, 2023: Provided, That none of
the funds transferred 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 this section
does not apply to funds derived from the Land and Water
Conservation Fund.
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)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the report accompanying
this Act.
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.
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, $4,318,884,000, to
remain available until September 30, 2021, except as
otherwise provided herein, together with payments received
during the fiscal year pursuant to 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 $967,363,000 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
$44,000,000 shall remain available until expended for
implementation of the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided
further, That of the funds provided, $97,000,000 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 from the Indian Health Service,
and $58,000,000 shall be for 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 in the Fund authorized
by section 108A of the Act (25 U.S.C. 1616a-1) and shall
remain available until expended and, notwithstanding section
108A(c) of the 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 the 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
[[Page H9009]]
Youth Regional Treatment Centers, for transformation and
modernization costs of the Electronic Health Record System,
for an initiative to improve recruitment and retention of
healthcare providers and certain other critical professions,
for national quality and oversight activities, 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 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, 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.
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, 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, $902,878,000, 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; 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), 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, $81,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) and section 3019 of the Solid Waste Disposal
Act, $76,691,000: 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
[[Page H9010]]
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
(including transfer of funds)
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.),
$10,210,000, which shall become available on July 1, 2019,
and shall remain available until September 30, 2020.
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,
$751,110,000, to remain available until September 30, 2020,
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 further,
That of the funds appropriated herein, not less than
$4,292,000 shall be made available for the Smithsonian Latino
Center and related initiative: Provided further, That of the
funds appropriated herein, not less than $3,700,000 shall be
made available for the Women's History Initiative: Provided,
That funds appropriated herein are available for advance
payments to independent contractors performing research
services or participating in official Smithsonian
presentations: Provided, That the Smithsonian Institution
may expend Federal appropriations designated in this Act for
lease or rent payments, as rent payable to the Smithsonian
Institution, and such rent payments may be deposited into the
general trust funds of the Institution to be available as
trust funds for expenses associated with the purchase of a
portion of the building at 600 Maryland Avenue, S.W.,
Washington, D.C. to the extent that Federally supported
activities will be housed there: Provided further, That the
use of such amounts in the general trust funds of the
Institution for such purpose shall not be construed as
Federal debt service for, a Federal guarantee of, a transfer
of risk to, or an obligation of the Federal Government:
Provided further, That no appropriated funds may be used
directly to service debt which is incurred to finance the
costs of acquiring a portion of the building at 600 Maryland
Avenue, S.W., Washington, D.C., or of planning, designing,
and constructing improvements to such building: Provided
further, That the Smithsonian Institution may not sell its
ownership interest, or any portion thereof, in such building
without prior written notification to the House and Senate
Committees on Appropriations 30 days in advance.
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,
$296,499,000, 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 $3,640,000 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, $25,203,000, 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 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, $17,600,000, 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, $157,000,000
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, $157,000,000 to
remain available until expended, of which $143,850,000 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 $13,150,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $11,900,000 for the purposes
of section 7(h): Provided, That appropriations for carrying
out section 10(a)(2) shall be available for obligation only
in such amounts as may be equal to the total amounts of
gifts, bequests, devises of money, and other property
accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
[[Page H9011]]
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, $3,050,000: 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), $2,750,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $7,000,000.
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,
$7,948,000: 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),
$59,500,000, of which $1,715,000 shall remain available until
September 30, 2022, for the Museum's equipment replacement
program; and of which $4,000,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended: Provided, That, not later than 120 days after the
date of enactment of this Act, the Director of the United
States Holocaust Memorial Museum shall submit to the
Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives a report
that describes the efforts of the United States Holocaust
Memorial Museum to support memory and a range of educational
programs relating to the Holocaust, including the collection
and usage of historical documentation, such as survivor
testimony.
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.
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial
Commission Act (section 431(a)(3) of division G of Public Law
115-31), $1,000,000, 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,
$7,000,000, to remain available until expended: 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.
alyce spotted bear and walter soboleff commission on native children
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children, $500,000, to remain
available until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
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
or 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
[[Page H9012]]
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.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging
and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when
appraised using a residual value appraisal. The western red
cedar timber from those sales which is surplus to the needs
of the domestic processors in Alaska, shall be made available
to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. 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. 412. (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. 413. 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. 414. (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. 415. 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.
prohibition on use of funds
Sec. 416. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring
the issuance of permits under title V of the Clean Air Act
(42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide,
water vapor, or methane emissions resulting from biological
processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 417. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
funding prohibition
Sec. 418. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or
any other law.
extension of grazing permits
Sec. 419. 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. 420. (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. 421. 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. 422. (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.
midway island
Sec. 423. None of the funds made available by this Act may
be used to destroy any buildings or
[[Page H9013]]
structures on Midway Island that have been recommended by the
United States Navy for inclusion in the National Register of
Historic Places (54 U.S.C. 302101).
john f. kennedy center reauthorization
Sec. 424. 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), $17,600,000 for fiscal year 2020.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 425. 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. 426. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2021'' for ``September 30, 2019''.
policies relating to biomass energy
Sec. 427. To support the key role that forests in the
United States can play in addressing the energy needs of the
United States, the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency shall, consistent with their missions,
jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies
that--
(A) reflect the carbon-neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
small remote incinerators
Sec. 428. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on
March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as
``small, remote incinerator'' units in those regulations and,
until a subsequent regulation is issued, the Administrator
shall implement the law and regulations in effect prior to
such date.
clarification of exemptions
Sec. 429. None of the funds made available in this Act may
be used to require a permit for the discharge of dredged or
fill material under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) for the activities identified in
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33
U.S.C. 1344(f)(1)(A), (C)).
Sec. 430. 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, 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 and unless such awards or incentive fees are
consistent with 16.401(e)(2) of the FAR.
Sec. 431. (a) Not later than 1 year after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall submit to Congress and post on
the website of the Office of Management and Budget a report
on each project funded by an agency that is appropriated
funds under this division--
(1) that is more than 5 years behind schedule; or
(2) for which the amount spent on the project is not less
than $1,000,000,000 more than the original cost estimate for
the project.
(b) Each report submitted and posted under subsection (a)
shall include, for each project included in the report--
(1) a brief description of the project, including--
(A) the purpose of the project;
(B) each location in which the project is carried out;
(C) the year in which the project was initiated;
(D) the Federal share of the total cost of the project; and
(E) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the project;
(2) an explanation of any change to the original scope of
the project, including by the addition or narrowing of the
initial requirements of the project;
(3) the original expected date for completion of the
project;
(4) the current expected date for completion of the
project;
(5) the original cost estimate for the project, as adjusted
to reflect increases in the Consumer Price Index for All
Urban Consumers, as published by the Bureau of Labor
Statistics;
(6) the current cost estimate for the project, as adjusted
to reflect increases in the Consumer Price Index for All
Urban Consumers, as published by the Bureau of Labor
Statistics;
(7) an explanation for a delay in completion or increase in
the original cost estimate for the project; and
(8) the amount of and rationale for any award, incentive
fee, or other type of bonus, if any, awarded for the project.
Sec. 432. (a) Notwithstanding any other provision of this
division, funds made available under the heading
``Environmental Programs and Management'' under the heading
``ENVIRONMENTAL PROTECTION AGENCY'' under title II shall be
reduced by $5,489,000, which shall be reduced from amounts
for Operations and Administration as described in the report
accompanying this Act.
(b) Notwithstanding any other provision of this division,
the amount made available under the heading ``State and
Tribal Assistance Grants'' under the heading ``ENVIRONMENTAL
PROTECTION AGENCY'' under title II shall be increased by
$5,489,000.
(c) Notwithstanding any other provision of this division,
the amount made available under paragraph (2) under the
heading ``State and Tribal Assistance Grants'' under the
heading ``ENVIRONMENTAL PROTECTION AGENCY'' under title II
shall be increased by $5,489,000.
geographic programs
Sec. 433. (a) Notwithstanding any other provision of this
division, the amount made available for Geographic Programs
under the heading ``Environmental Programs and Management''
under the heading ``ENVIRONMENTAL PROTECTION AGENCY'' under
title II shall be increased by 3 percent, and the amount made
available for each Geographic Program described in the report
accompanying this Act shall be increased by 3 percent.
(b) Notwithstanding any other provision of this division,
the amount authorized to be transferred under the fourth
paragraph under the heading ``Administrative Provisions--
Environmental Protection Agency'' under the heading
``ENVIRONMENTAL PROTECTION AGENCY'' under title II shall be
increased by the additional amount made available for the
Great Lakes Restoration Initiative under subsection (a).
(c) Notwithstanding any other provision of this division,
funds made available under the heading ``Environmental
Programs and Management'' under the heading ``ENVIRONMENTAL
PROTECTION AGENCY'' under title II for operations and
administration, as specified in the report accompanying this
Act, shall be reduced by an amount equal to the total amount
additionally appropriated for Geographic Programs under
subsection (a).
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2020''.
DIVISION D--TRANSPORTATION, AND 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
[[Page H9014]]
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, $8,000,000,
of which $2,218,000 shall remain available until September
30, 2022: Provided, 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: Provided further, That of the
amount made available under this heading, $1,000,000 shall be
to establish an emergency planning transportation data
initiative to conduct research and develop models for data
integration of geo-located weather and roadways information
for emergency and other severe weather conditions to improve
public safety and emergency evacuation and response
capabilities.
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; port infrastructure
investments (including inland port infrastructure and land
ports of entry); and projects investing in surface
transportation facilities that are located on tribal land and
for which title or maintenance responsibility is vested in
the Federal Government: Provided further, That of the amount
made available under this heading, the Secretary may use an
amount not to exceed $15,000,000 for the planning,
preparation or design of projects eligible for funding under
this heading: Provided further, That grants awarded under
the previous proviso 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 appropriate balance in addressing
the needs of urban and rural areas, and the investment in a
variety of transportation modes: Provided further, That a
grant funded under this heading shall be not less than
$5,000,000 and not greater than $25,000,000: Provided
further, That not more than 10 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 not less than 30 percent of the funds provided
under this heading shall be for projects located in rural
areas: 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 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 three percent 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 none of the
funds provided in the previous proviso may be used to hire
additional personnel: 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.
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, $7,879,000, 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
$319,793,000, 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, $3,488,000, 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.
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, $162,000,000, 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 section 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 section 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:
[[Page H9015]]
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of Public
Law 109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to
be expended in advance to provide uninterrupted transit
benefits to Government employees: Provided further, That
such reserve will not exceed one month of benefits payable
and may be used only for the purpose of providing for the
continuation of transit benefits: Provided further, That the
Working Capital Fund will be fully reimbursed by each
customer agency from available funds for the actual cost of
the transit benefit.
Sec. 104. None of the funds in this Act may be obligated
or expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the
prior written approval of the Assistant Secretary for
Administration.
Sec. 105. Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committees on Appropriations, Commerce,
Science, and Transportation, and Environment and Public Works
of the Senate and the Committees on Appropriations and
Transportation and Infrastructure of the House of
Representatives a report on efforts by the Department of
Transportation to engage with local communities, metropolitan
planning organizations, and regional transportation
commissions on advancing data and intelligent transportation
systems technologies and other smart cities solutions.
Sec. 106. None of the funds made available by this Act
shall be used to terminate the Intelligent Transportation
System Program Advisory Committee established under section
5305(h) of SAFETEA-LU (23 U.S.C. 512 note; Public Law 109-
59).
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, in addition to amounts
made available by Public Law 115-254, $10,540,511,000, to
remain available until September 30, 2021, of which
$10,540,511,000 shall be derived from the Airport and Airway
Trust Fund: Provided, That of the sums appropriated under
this heading--
(1) $1,359,607,000 shall be available for aviation safety
activities;
(2) $7,925,734,000 shall be available for air traffic
organization activities;
(3) $26,040,000 shall be available for commercial space
transportation activities;
(4) $800,646,000 shall be available for finance and
management activities;
(5) $61,538,000 shall be available for NextGen and
operations planning activities;
(6) $118,642,000 shall be available for security and
hazardous materials safety; and
(7) $248,304,000 shall be available for staff offices:
Provided, 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 March 31 of each fiscal
year hereafter, 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 March 31 that such report has not been
submitted to the Congress: Provided further, That not later
than March 31 of each fiscal year hereafter, 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 March 31
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 $170,000,000
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 of the funds appropriated
under this heading, not less than $5,000,000 shall be used
for a veterans pilot training competitive grant program.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $3,153,801,000, of which $514,730,000 shall
remain available until September 30, 2021, $2,518,544,000
shall remain available until September 30, 2022, and
$120,527,000 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 March 31, 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: Provided further, That
of the amounts made available for Enterprise, Concept
Development, Human Factors, and Demonstration, not less than
$9,500,000 shall be available for the remote tower pilot
program as authorized by section 161 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 47104 note).
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,
$194,230,000, 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
[[Page H9016]]
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 $113,000,000 shall be available for administration,
not less than $15,000,000 shall be available for the Airport
Cooperative Research Program, not less than $39,224,000 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, $450,000,000, 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.
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 section 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. 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. 117. None of the funds in this Act shall be available
for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation
Administration.
Sec. 118. 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. 119. 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. 119A. 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. 119B. None of the funds provided under this Act may
be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program
participants as long as the Federal Aviation Administration
has received an application from the airport, and as long as
the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration
published establishment criteria.
Sec. 119C. None of the funds made available by this Act
may be used to close, consolidate, or re-designate any field
or regional airports division office unless the Administrator
submits a request for the reprogramming of funds under
section 405 of this Act.
sense of congress
Sec. 119D. It is the sense of Congress that the
Administrator of the Federal Aviation Administration, as part
of ongoing efforts to review regulations regarding the
emergency medical equipment carried by passenger airlines,
should continue to prioritize the demands of our nation's
growing opioid epidemic and take timely action to issue
additional guidance to air carriers to ensure the expeditious
inclusion of opioid antagonists in emergency medical kits.
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
Act 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 $2,700,000,000: Provided, That
[[Page H9017]]
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: (1) ``Federal-aid Highways'' under chapter 1 of title
23, United States Code; or (2) the Appalachian Development
Highway System as authorized under section 1069(y) of Public
Law 102-240, and shall not affect the distribution or amount
of funds provided in any other Act: Provided further, That
section 1101(b) of Public Law 114-94 shall apply to funds
made available under this heading: Provided further, That of
the funds made available under this heading, $1,250,000,000
shall be set aside for activities eligible under section
133(b)(1)(A) of title 23, United States Code, and for the
elimination of hazards and the installation of protective
devices at railway-highway crossings, $100,000,000 shall be
set aside for the nationally significant Federal lands and
tribal projects program under section 1123 of the Fixing
America's Surface Transportation (FAST) Act (Public Law 114-
94), $1,250,000,000 shall be set aside for a bridge
replacement and rehabilitation program for qualifying States,
and $100,000,000 shall be set aside for necessary expenses
for construction of the Appalachian Development Highway
System as authorized under section 1069(y) of Public Law 102-
240: Provided further, That for the purposes of funds made
available under this heading for activities eligible under
section 133(b)(1)(A) of title 23, United States Code, and for
the elimination of hazards and the installation of protective
devices at railway-highway crossings, the term ``State''
means any of the 50 States or the District of Columbia:
Provided further, That for the purposes of funds made
available under this heading for construction of the
Appalachian Development Highway System, the term
``Appalachian State'' means a State that contains 1 or more
counties (including any political subdivision located within
the area) in the Appalachian region as defined in section
14102(a) of title 40, United States Code: Provided further,
That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) of title 23,
United States Code, and for the elimination of hazards and
the installation of protective devices at railway-highway
crossings, 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 such title shall not apply to
funds made available under this heading: Provided further,
That the funds made available under this heading for (1)
activities eligible under section 133(b)(1)(A) of such title
and for the elimination of hazards and the installation of
protective devices at railway-highway crossings, and (2) a
bridge replacement and rehabilitation program 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 for activities eligible under section 133(b)(1)(A) of
title 23, United States Code, and for the elimination of
hazards and the installation of protective devices at
railway-highway crossings, 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 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 for the purposes of funds made
available under this heading for a bridge replacement and
rehabilitation program, the term ``qualifying State'' means
any of the 50 States with a population of less than 5,000,000
and in which less than 65 percent of National Highway System
bridges are classified as in good condition: Provided
further, That the Secretary shall distribute funds made
available under this heading for a bridge replacement and
rehabilitation program to each qualifying State by the
proportion that the percentage of National Highway System
bridges not classified as in good condition in such
qualifying State bears to the sum of the percentages of
National Highway System bridges not classified as in good
condition in all qualifying States: Provided further, That
the funds made available under this heading for a bridge
replacement and rehabilitation program shall be used for
highway bridge replacement or rehabilitation projects on
public roads: Provided further, That for purposes of this
heading for the bridge replacement and rehabilitation
program, the Secretary shall (1) calculate population based
on the latest available data from the decennial census
conducted under section 141(a) of title 13, United States
Code, and (2) calculate the percentages of bridges not
classified as in good condition based on the National Bridge
Inventory as of December 31, 2018: Provided further, That
funds made available under this heading for construction of
the Appalachian Development Highway System shall remain
available until expended: Provided further, That a project
carried out with funds made available under this heading for
construction of the Appalachian Development Highway System
shall be carried out in the same manner as a project under
section 14501 of title 40, United States Code: Provided
further, That subject to the following proviso, funds made
available under this heading for construction of the
Appalachian Development Highway System shall be apportioned
to Appalachian States according to the percentages derived
from the 2012 Appalachian Development Highway System Cost-to-
Complete Estimate, adopted in Appalachian Regional Commission
Resolution Number 736, and confirmed as each Appalachian
State's relative share of the estimated remaining need to
complete the Appalachian Development Highway System, adjusted
to exclude those corridors that such States have no current
plans to complete, as reported in the 2013 Appalachian
Development Highway System Completion Report: Provided
further, That the Secretary shall adjust apportionments made
under the preceding proviso so that no Appalachian State
shall be apportioned an amount in excess of 30 percent of the
amount made available for construction of the Appalachian
Development Highway System under this heading: Provided
further, That the Secretary shall consult with the
Appalachian Regional Commission in making adjustments under
the preceding two provisos: Provided further, That the
Federal share of the costs for which an expenditure is made
for construction of the Appalachian Development Highway
System under this heading shall be up to 100 percent.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2020, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under sections 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Fixing America's Surface
Transportation Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the
[[Page H9018]]
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 provided 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: Provided further, That 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: Provided further, That 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 100 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.
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, and of which $35,334,000, to remain available for
obligation until September 30, 2022, is for information
management.
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, $391,135,561, 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
$391,135,561 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) $45,900,000 shall be available for the high priority
activities program, of which $1,000,000 is to be made
available from prior year unobligated contract authority
provided for Motor Carrier Safety 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; and
(4) $3,335,561 shall be made available for commercial motor
vehicle operators grants, of which $2,335,561 is to be made
available from prior year unobligated contract authority
provided for Motor Carrier Safety in the Transportation
Equity Act for the 21st Century (Public Law 105-178),
SAFETEA-LU (Public Law 109-59), or other appropriations or
authorization Acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of
delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of
[[Page H9019]]
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, as recommended by GAO-19-264.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, $194,000,000: Provided, That $178,501,000 shall
be for traffic and highway safety activities authorized under
chapter 301 and part C of subtitle VI of title 49, United
States Code: Provided further, That $499,000 shall be for
in-vehicle alcohol detection device research: Provided
further, That $15,000,000 shall be for behavioral safety
activities under section 403 of title 23, United States Code,
of which $6,000,000 shall be for behavioral research on
Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls;
$4,000,000 shall be for grants, pilot program activities, and
innovative solutions to reduce impaired-driving fatalities in
collaboration with eligible entities; and $5,000,000 shall be
for grants, pilot program activities, and innovative
solutions to evaluate driver behavior to technologies that
protect law enforcement, first responders, roadside crews,
and others while on the job: Provided further, That the
amounts in the previous proviso shall be in addition to any
amounts made available under the heading, ``Operations and
Research (Liquidation of Contraction Authorization)
(Limitation on Obligations)'' for carrying out the provisions
of section 403 of title 23, United States Code: Provided
further, That of the amounts made available under this
heading, $40,000,000 shall remain available through September
30, 2021.
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, 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 for which
the total obligations 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 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.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $221,698,000, of
which $18,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $40,600,000, 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, $300,000,000, 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 that encompasses previously unawarded funds
provided under this heading in fiscal year 2019 by Public Law
116-6 no later than 30 days after enactment of this Act and
announce the selection of projects to receive awards for such
funds no later than 210 days after the enactment of this Act:
Provided further, That the Secretary shall issue the Notice
of Funding Opportunity that encompasses funds provided under
this heading in this Act no later than 270 days after
enactment of this Act and announce the selection of projects
to receive awards for such funds no later than 450 days after
the 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,
$255,000,000, to remain available until expended: Provided,
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
24407(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 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 announce the selection of
projects to receive awards for funds provided under this
heading in fiscal year 2019 by Public Law 116-6 no later than
210 days after the enactment of this Act: Provided further,
That the Secretary shall issue the Notice of Funding
Opportunity that encompasses funds provided under this
heading in this Act no later than 270 days after enactment of
this Act and announce the selection of projects to receive
awards for such funds no later than 450 days after the
enactment of this Act.
restoration and enhancement
For necessary expenses related to Restoration and
Enhancement Grants, as authorized by section 24408 of title
49, United States Code, $2,000,000, to remain available until
expended: Provided, That the Secretary may withhold up to
one percent of the funds provided under this heading to fund
the costs of award and project management and oversight.
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
[[Page H9020]]
11101(a) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $680,000,000, 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:
Provided further, That of the amounts made available under
this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading,
$100,000,000 shall be made available to fund the replacement
of the single-level passenger cars used on Northeast Corridor
and State Supported Corridor routes.
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), $1,320,000,000, 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: Provided further,
That at least $50,000,000 of the amount provided under this
heading shall be available for the development, installation
and operation of railroad safety technology, including the
implementation of a positive train control system, on State-
supported routes as defined under section 24102(13) of title
49, United States Code, on which positive train control
systems are not required by law or regulation: Provided
further, That none of the funds provided under this heading
shall be used by Amtrak to give notice under subsection (a)
or (b) of section 24706 of title 49, United States Code, with
respect to long-distance routes (as defined in section 24102
of title 49, United States Code) on which Amtrak is the sole
operator on a host railroad's line and a positive train
control system is not required by law or regulation, or,
except in an emergency or during maintenance or construction
outages impacting such routes, to otherwise discontinue,
reduce the frequency of, suspend, or substantially alter the
route of rail service on any portion of such route operated
in fiscal year 2018, including implementation of service
permitted by section 24305(a)(3)(A) of title 49, United
States Code, in lieu of rail service.
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. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas;
and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United
States Code).
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, $113,165,000: Provided, That
none of the funds provided or limited in this Act may be used
to create a permanent office of transit security under this
heading: Provided further, 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 New Starts, including proposed allocations
for fiscal year 2021.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by
the Fixing America's Surface Transportation Act, section
20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act $10,800,000,000,
to be derived from the Mass Transit Account of the Highway
Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b)
of the Fixing America's Surface Transportation Act, shall not
exceed total obligations of $10,150,348,462 in fiscal year
2020: Provided further, That the Federal share of the cost
of activities carried out under 49 U.S.C. section 5312 shall
not exceed 80 percent, except that if there is substantial
public interest or benefit, the Secretary may approve a
greater Federal share.
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,
formula grants for rural areas under section 5311 of such
title, high density state apportionments under section
5340(d) of such title, and the bus testing facilities under
sections 5312 and 5318 of such title, $560,000,000 to remain
available until expended: Provided, That $390,000,000 shall
be available for grants as authorized under section 5339 of
such title, of which $195,000,000 shall be available for the
buses and bus facilities formula grants as authorized under
section 5339(a) of such title, and $195,000,000 shall be
available for the buses and bus facilities competitive grants
as authorized under section 5339(b) of such title: Provided
further, That $40,000,000 shall be available for the low or
no emission grants as authorized under section 5339(c) of
such title: Provided further, That $40,000,000 shall be
available for the state of good repair grants as authorized
under section 5337 of such title: Provided further, That
$40,000,000 shall be available for formula grants for rural
areas as authorized under section 5311 of such title:
Provided further, That $40,000,000 shall be available for the
high density state apportionments as authorized under section
5340(d) of such title: Provided further, That
notwithstanding section 5318(a) of such title, $3,000,000
shall be available for the operation and maintenance of bus
testing facilities by institutions of higher education
selected pursuant to section 5312(h) of such title: Provided
further, That $7,000,000 shall be available for demonstration
and deployment of innovative mobility solutions as authorized
under section 5312 of such title: 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 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: Provided, That the assistance provided under
this heading 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, $1,978,000,000, to remain
available until September 30, 2023: Provided further, That
of the amounts made available under this heading,
$1,500,000,000 shall be available for projects authorized
under section 5309(d) of title 49, United States Code,
$300,000,000 shall be available for projects authorized under
section 5309(e) of title 49, United States Code, $78,000,000
shall be available for projects authorized under section
5309(h) of title 49, United States Code, and $100,000,000
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 of
section 3005(b) of the Fixing America's Surface
Transportation Act.
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
[[Page H9021]]
maintenance expenditures for the Washington Metropolitan Area
Transit Authority only after receiving and reviewing a
request for each specific project: Provided further, That
the Secretary shall determine that the Washington
Metropolitan Area Transit Authority has placed the highest
priority on those investments that will improve the safety of
the system before approving such grants: Provided further,
That the Secretary, in order to ensure safety throughout the
rail system, may waive the requirements of section 601(e)(1)
of division B of Public Law 110-432.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Fixed Guideway Capital Investment'' of the Federal Transit
Administration for projects specified in this Act or
identified in reports accompanying this Act not obligated by
September 30, 2023, 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, 2019, 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. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be used to
enter into a full funding grant agreement for a project with
a New Starts share greater than 51 percent: Provided, That
the Secretary shall not impede or hinder project advancement
or approval for any project seeking a Federal contribution
from the capital investment grant program of greater than 40
percent of projects costs as authorized under section 5309.
Sec. 164. None of the funds made available under this Act
may be used for the implementation or furtherance of new
policies detailed in the ``Dear Colleague'' letter
distributed by the Federal Transit Administration to capital
investment grant program project sponsors on June 29, 2018.
Sec. 165. None of the funds made available by this Act or
any other Act may be used to adjust apportionments or
withhold funds from apportionments pursuant to section
9503(e)(4) of the Internal Revenue Code of 1986.
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, $36,000,000, 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, $142,619,000: Provided, That
of the sums appropriated under this heading--
(1) $73,351,000 shall remain available until September 30,
2021 for the operations of the United States Merchant Marine
Academy;
(2) $8,000,000 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) $7,000,000 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 January 12, 2020, 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 the previous two provisos, 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 available unobligated
balances and obligated balances not yet expended from
previous appropriations under this heading 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 as the appropriations for ``Maritime Administration,
State Maritime Academy Operations''.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $342,280,000:
Provided, That of the sums appropriated under this heading--
(1) $30,080,000, to remain available until expended, shall
be for maintenance, repair, life extension, marine insurance,
and capacity improvement of National Defense Reserve Fleet
training ships in support of State Maritime Academies, of
which $8,080,000, 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,
$91,600,000 to remain available until expended: Provided,
That projects eligible for funding provided under this
heading shall be projects for coastal seaports and inland
waterways 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 for grants awarded
under this heading, the minimum grant size shall be
$1,000,000: Provided further, That for projects located in
rural areas, the Secretary may increase the Federal share of
costs above 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.
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 H9022]]
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $24,215,000, of
which $2,000,000 shall remain available until September 30,
2022.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $60,000,000, of which $7,600,000 shall
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, $165,000,000, to remain available until
September 30, 2022, of which $23,000,000 shall be derived
from the Oil Spill Liability Trust Fund; of which
$134,000,000 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) and
5116(i).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $92,600,000: 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. None of the funds in this Act shall be available
for salaries and expenses of more than 125 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.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to 49 U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any project competitively selected to receive any
discretionary grant award, letter of intent, loan commitment,
loan guarantee commitment, line of credit commitment, or full
funding grant agreement is announced by the Department or its
modal administrations: Provided, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
(b) In addition to the notification required in subsection
(a), none of the funds made available in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, cooperative agreement or
discretionary grant unless the Secretary of Transportation
provides the House and Senate Committees on Appropriations a
comprehensive list of all such loans, loan guarantees, lines
of credit, cooperative agreement or discretionary grants that
will be announced not less the 3 full business days before
such announcement: Provided, That the requirement to provide
a list in this subsection does not apply to any ``quick
release'' of funds from the emergency relief program:
Provided further, That no list shall involve funds that are
not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002, as amended
by the Improper Payments Elimination and Recovery Act of 2010
and Improper Payments Elimination and Recovery Improvement
Act of 2012, and Fraud Reduction and Data Analytics Act of
2015: Provided, That amounts in excess of that required for
paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with
the improper payment or payments is not readily available,
the Secretary may credit an appropriate account, which shall
be available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to depositing such recovery in
the Treasury, the Secretary shall notify the House and Senate
Committees on Appropriations of the amount and reasons for
such transfer: Provided further, That for purposes of this
section, the term ``improper payments'' has the same meaning
as that provided in section 2(e)(2) of Public Law 111-204.
Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of said reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date
on which the reprogramming action has been approved or denied
by the House and Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
[[Page H9023]]
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:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
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, $14,217,000, to remain
available until September 30, 2021: Provided, That not to
exceed $25,000 of the amount made available under this
heading shall be available to the Secretary for official
reception and representation expenses as the Secretary may
determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $563,378,000, to remain available until
September 30, 2021: Provided, That of the sums appropriated
under this heading--
(1) $73,562,000 shall be available for the Office of the
Chief Financial Officer;
(2) $103,916,000 shall be available for the Office of the
General Counsel, of which not less than $20,000,000 shall be
for the Departmental Enforcement Center;
(3) $206,849,000 shall be available for the Office of
Administration;
(4) $39,827,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $57,861,000 shall be available for the Office of Field
Policy and Management;
(6) $19,445,000 shall be available for the Office of the
Chief Procurement Officer;
(7) $4,242,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $57,676,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds provided under this heading
may be used for necessary administrative and non-
administrative expenses of the Department of Housing and
Urban Development, not otherwise provided for, including
purchase of uniforms, or allowances therefor, as authorized
by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; and
services as authorized by 5 U.S.C. 3109: Provided further,
That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising
and promotional activities that directly support program
activities funded in this title: 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
none of the funds made available under this heading for the
Office of the Chief Financial Officer for the financial
transformation initiative shall be available for obligation
until after the Secretary has published all mitigation
allocations made available under the heading ``Department of
Housing and Urban Development--Community Planning and
Development--Community Development Fund'' in Public Law 115-
123 and the necessary administrative requirements pursuant to
section 1102 of Public Law 116-20: Provided further, That
only after the terms and conditions of the previous proviso
have been met, not more than 10 percent of the funds made
available under this heading for the Office of the 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 offices
For necessary salaries and expenses for Program Offices,
$844,000,000, to remain available until September 30, 2021:
Provided, That of the sums appropriated under this heading--
(1) $225,000,000 shall be available for the Office of
Public and Indian Housing;
(2) $123,000,000 shall be available for the Office of
Community Planning and Development;
(3) $387,000,000 shall be available for the Office of
Housing, of which not less than $13,200,000 shall be for the
Office of Recapitalization;
(4) $28,000,000 shall be available for the Office of Policy
Development and Research;
(5) $72,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $9,000,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
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 only for Federal shared services used by
offices and agencies of the Department, and for any such
portion of any office or agency's printing, records
management, space renovation, furniture, or supply services
the Secretary has determined shall be provided through the
Fund: Provided, That amounts within the Fund shall not be
available to provide services not specifically authorized
under this heading: Provided further, That the Fund shall be
reimbursed from available funds of agencies and offices in
the Department for which such services are performed at rates
which will return in full all expenses of such services, but
shall not be reimbursed for, and amounts within the Fund
shall not be available for, the operational expenses of the
Fund (including staffing, contracts, systems, and software):
Provided further, That upon a determination by the Secretary
that any other service (or portion thereof) authorized under
this heading shall be provided through the Fund, amounts made
available in this title for salaries and expenses under the
headings ``Executive Offices'', ``Administrative Support
Offices'', ``Program Offices'', and ``Government National
Mortgage Association'', for such services shall be
transferred to the Fund, to remain available until expended:
Provided further, That the Secretary shall notify the House
and Senate Committees on Appropriations of its plans for
executing such transfers at least fifteen (15) days in
advance of such transfers: Provided further, That the
Secretary 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.
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,
$19,833,000,000, 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) $21,502,000,000 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 none of the
funds provided under this paragraph may be used to fund a
total number of unit months under lease which exceeds a
public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the MTW demonstration, which are instead governed by the
terms and conditions of their MTW agreements: 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
[[Page H9024]]
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 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 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; and (4) 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: Provided further, That the Secretary
shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
(2) $75,000,000 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, 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 may only provide
replacement vouchers for units that were occupied within the
previous 24 months 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, up to $3,000,000 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) $1,977,000,000 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 $20,000,000 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 $1,957,000,000 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 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) $218,000,000 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: Provided further, That upon turnover,
section 811 special purpose vouchers funded under this
heading in this or prior Acts, or under any other heading in
prior Acts, shall be provided to non-elderly persons with
disabilities;
(5) $1,000,000 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 such assistance 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
[[Page H9025]]
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) $20,000,000 shall be made available for the family
unification program as authorized under section 8(x) of the
Act for new incremental voucher assistance to assist eligible
youth as defined by such section 8(x)(2)(B): Provided, That
assistance made available under this paragraph shall continue
to remain available for such eligible youth upon turnover:
Provided further, That of the total amount made available
under this paragraph, up to $10,000,000 shall be available on
a noncompetitive basis to public housing agencies that
partner with public child welfare agencies to identify such
eligible youth, that request such assistance to timely assist
such eligible youth, and that meet any other criteria as
specified by the Secretary: Provided further, That the
Secretary shall review utilization of the assistance made
available under the previous proviso, at an interval to be
determined by the Secretary, and unutilized voucher
assistance that is no longer needed shall be recaptured by
the Secretary and reallocated pursuant to the previous
proviso: Provided further, That for any public housing
agency administering voucher assistance appropriated in a
prior Act under the family unification program, or made
available and competitively selected under this paragraph for
eligible youth, 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 specified
program or eligible youth, as applicable; and
(8) 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'')
$2,855,000,000, to remain available until September 30, 2023:
Provided, That 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: Provided further, That of the total amount
made available under this heading, up to $14,000,000 shall be
to support ongoing public housing financial and physical
assessment activities: Provided further, That of the total
amount made available under this heading, up to $1,000,000
shall be to support the costs of administrative and judicial
receiverships: Provided further, That of the total amount
provided under this heading, not to exceed $50,000,000 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,
of which $20,000,000 shall be available for public housing
agencies under administrative and judicial receiverships or
under the control of a Federal monitor: Provided further,
That of the amount made available under the previous proviso,
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: 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: Provided further,
That of the total amount provided under this heading,
$40,000,000 shall be available for competitive grants to
public housing agencies to evaluate and reduce lead-based
paint hazards and other housing-related hazards including
mold in public housing: Provided further, That of the
amounts available under the previous proviso, no less than
$25,000,000 shall be 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 the previous two provisos 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: Provided further, That for funds made available
under the previous three provisos, the Secretary shall allow
a PHA to apply for up to 20 percent of the funds made
available under the first two provisos and prioritize need
when awarding grants.
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)), $4,650,000,000, to remain available until
September 30, 2021: Provided, That of the total amount
available under this heading, $25,000,000 shall be available
to the Secretary to allocate pursuant to a need-based
application process notwithstanding section 203 of this title
and not subject to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations to public housing
agencies that experience financial insolvency, as determined
by the Secretary: Provided further, That after all such
insolvency needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations.
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, $100,000,000, to
remain available until September 30, 2022: 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 $50,000,000 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
[[Page H9026]]
shall issue the Notice of Funding Availability for funds made
available under this heading no later than 60 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, 2020,
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,
$130,000,000: Provided, That the amounts made available
under this heading are provided as follows:
(1) $80,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42
U.S.C. 1437u), to promote the development of local strategies
to coordinate the use of assistance under sections 8 and 9 of
such Act with public and private resources, and enable
eligible families to achieve economic independence and self-
sufficiency: Provided, That the Secretary may, by Federal
Register notice, waive or specify alternative requirements
under subsections (b)(3), (b)(4), (b)(5), or (c)(1) of
section 23 of such Act in order to facilitate the operation
of a unified self-sufficiency program for individuals
receiving assistance under different provisions of the Act,
as determined by the Secretary: Provided further, That
owners of a privately owned multifamily property with a
section 8 contract may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such
property in accordance with procedures established by the
Secretary: Provided further, That such procedures
established pursuant to the previous proviso shall permit
participating tenants to accrue escrow funds in accordance
with section 23(d)(2) and shall allow owners to use funding
from residual receipt accounts to hire coordinators for their
own Family Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized
by section 34 of the United States Housing Act of 1937 (42
U.S.C. 1437z-6) and the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.);
and
(3) $15,000,000 shall be for a Jobs-Plus initiative,
modeled after the Jobs-Plus demonstration: Provided, That
funding provided under this paragraph shall be available for
competitive grants to partnerships between public housing
authorities, local workforce investment boards established
under section 107 of the Workforce Innovation and Opportunity
Act of 2014 (29 U.S.C. 3122), and other agencies and
organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are
necessary for the effective implementation of the Jobs-Plus
initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the
Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days
before the effective date of such notice.
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
technical assistance, $820,000,000, to remain available until
September 30, 2024, unless otherwise specified: Provided,
That the amounts made available under this heading are
provided as follows:
(1) $646,000,000 shall be available 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 will notify grantees of their formula allocation
within 60 days of the date of enactment of this Act;
(2) $2,000,000 shall be available 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 available 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 up to 1 percent of this additional
amount may be transferred, in aggregate, to ``Program
Offices--Public and Indian Housing'' 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) $65,000,000 shall be available 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
$4,000,000 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 available 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 amounts made available under this paragraph may be used,
contracted, or competed as determined by the Secretary:
Provided further, That the amounts made available under this
paragraph may be used by the Secretary to enter into
cooperative agreements for such purposes 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), and that in all such
cooperative agreements the principal purpose of such
agreements shall be considered to be the provision of funds
to carry out the public purpose of furthering the purposes of
NAHASDA, regardless of the inclusion of any services that
directly or indirectly benefit the Department: Provided
further, That of the funds made available under this
paragraph, not less than $1,000,000 shall be available to
support utilization, outreach, and capacity building with
tribes and tribal housing organization for the Tribal HUD-
VASH program.
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), $1,100,000, 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
an additional $500,000, to remain available until expended,
shall be available for administrative contract expenses
including management processes and systems to carry out the
loan guarantee program: Provided further, That the Secretary
may 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 for any unobligated
balances (including amounts of uncommitted limitation)
remaining from amounts made available under this heading in
Public Law 115-31, Public Law 115-141, and Public Law 116-6,
and for any recaptures occurring in fiscal year 2019 or in
future fiscal years of amounts made available under this
heading in prior fiscal years, the second proviso of each
such heading shall be applied as if ``these funds are
available to'' was struck and ``the Secretary may'' was
inserted in its place.
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.), $1,745,000, 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.), $330,000,000, 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
[[Page H9027]]
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), $3,325,000,000, 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, Indian tribe, or insular
area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any
portion of such funds to another such entity in exchange for
any other funds, credits or non-Federal considerations, but
must use such funds for activities eligible under title I of
the Act: Provided further, That notwithstanding section
105(e)(1) of the Act, no funds provided under this heading
may be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with
guidelines required under subsection (e)(2): Provided
further, That of the total amount provided under this
heading, $25,000,000 shall be for activities authorized under
section 8071 of the SUPPORT for Patients and Communities Act
(Public Law 115-271): Provided further, That the funds
allocated pursuant to the previous proviso shall not
adversely affect the amount of any formula assistance
received by a State under this heading: Provided further,
That the Secretary shall allocate the funds for such
activities based on the percentages shown in Table 1 of the
Notice establishing the funding formula published in 84 FR
16027 (April 17, 2019): 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, $1,250,000,000, 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 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 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 jurisdictions HOME Investment Trust Fund in
2018, 2019, 2020, 2021 or 2022 under that section.
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,
$54,000,000, 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, $35,000,000 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: Provided further, That of the total amount
provided under this heading, $4,000,000, shall be made
available for a program to rehabilitate and modify the homes
of disabled or low-income veterans, as authorized under
section 1079 of Public Law 113-291: Provided further, That
funds provided under the previous proviso shall be awarded
within 180 days of enactment of this Act.
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 $2,761,000,000, to
remain available until September 30, 2022: Provided, That
any rental assistance amounts that are recaptured under such
Continuum of Care program shall remain available until
expended and may be used for any purpose under such program:
Provided further, That not less than $280,000,000 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, dating violence,
sexual assault, or 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 the Secretary shall provide incentives to
create projects that coordinate with housing providers and
healthcare organizations to provide permanent supportive
housing and rapid rehousing services: 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 $80,000,000 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 with a priority for
communities with substantial rural populations in up to eight
locations, can dramatically reduce youth homelessness:
Provided further, That of the amount made available under the
previous proviso, up to $5,000,000 shall be available to
provide technical assistance on youth homelessness, and
collection, analysis, 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 amounts made available for the
Continuum of Care program under this heading in this and
prior Acts may be used to competitively or non-competitively
renew or replace grants for youth homeless demonstration
projects under the Continuum of Care program, notwithstanding
any conflict with the requirements of the Continuum of Care
program: 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
[[Page H9028]]
further, That persons eligible under section 103(a)(5) of the
McKinney-Vento Homeless Assistance Act may be served by any
project funded under this heading to provide both
transitional housing and rapid re-housing: Provided further,
That when awarding funds under the Continuum of Care program,
the Secretary shall not deviate from the FY 2018 Notice of
Funding Availability with respect to the tier 2 funding
process, the Continuum of Care application scoring, and for
new projects, the project quality threshold requirements,
except as otherwise provided under this Act or as necessary
to award all available funds or consider the most recent data
from each Continuum of Care.
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, $12,160,000,000, to remain available until
expended, shall be available on October 1, 2019 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2019), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2020: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph: Provided further,
That of the total amounts provided under this heading, not to
exceed $345,000,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the
previous proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant
to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2));
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project
subject to a section 8 project-based Housing Assistance
Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in
an interest-bearing residual receipts account and that are in
excess of an amount to be determined by the Secretary, shall
be remitted to the Department and deposited in this account,
to be available until expended: Provided further, That
amounts deposited pursuant to the previous proviso shall be
available in addition to the amount otherwise provided by
this heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, for
project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for senior preservation
rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Housing and
Economic Opportunity Act of 2000, as amended, and for
supportive services associated with the housing,
$696,000,000, to remain available until September 30, 2023:
Provided, That of the amount provided under this heading, up
to $107,000,000 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 that 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 the purposes
authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under
this heading shall be available for the current purposes
authorized under this heading 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 homeowners 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:
Provided further, That beneficiaries of the grant assistance
provided in the previous two provisos under this heading in
the Department of Housing and Urban Development
Appropriations Act, 2019 (Public Law 116-6) shall be
homeowners.
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, $184,155,000, 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 that 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 the purposes authorized under
this heading: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
used for the current purposes authorized under this heading
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, $45,000,000, to
remain available until September 30, 2021, including up to
$4,500,000 for administrative contract services and not less
than $3,000,000 for the certification of housing counselors
as required under 12 U.S.C. 1701x: 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 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 section 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 section 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 $13,000,000, to remain
available
[[Page H9029]]
until expended, of which $13,000,000 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 the Secretary of
Housing and Urban Development shall issue a final rule to
complete rulemaking initiated by the proposed rule entitled
``Manufactured Housing Program: Minimum Payments to the
States'' published in the Federal Register on December 16,
2016 (81 Fed. Reg. 91083): Provided further, That for the
dispute resolution and installation programs, the Secretary
may assess and collect fees from any program participant:
Provided further, That such collections shall be deposited
into the Fund, and the Secretary, as provided herein, may use
such collections, as well as fees collected under section
620, for necessary expenses of such Act: Provided further,
That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service
providers that are paid directly by the recipients of their
services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2021: Provided, That during fiscal year 2020, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain
available until September 30, 2021: Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2020, an additional
$1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000: Provided further, That
notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-
20(g)), during fiscal year 2020 the Secretary may insure and
enter into new commitments to insure mortgages under section
255 of the National Housing Act only to the extent that the
net credit subsidy cost for such insurance does not exceed
zero: Provided further, That for fiscal year 2020, the
Secretary shall not take any action against a lender solely
on the basis of compare ratios that have been adversely
affected by defaults on mortgages secured by properties in
areas where a major disaster was declared in 2017 or 2018
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $30,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2020: 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 $29,626,000, 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, not otherwise provided for, 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, $96,000,000, to remain available until
September 30, 2021: Provided, That with respect to amounts
made available under this heading, notwithstanding section
203 of this title, the Secretary may enter into cooperative
agreements 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 to the House and Senate
Committees on Appropriations on how it will allocate funding
for this activity at least 30 days prior to obligation:
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, $65,300,000, to remain
available until September 30, 2021: Provided, That grants
made available from amounts provided under this heading shall
be awarded within one year 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 no funds made available under this heading
shall be used to lobby the executive or legislative branches
of the Federal Government in connection with a specific
contract, grant, or loan: Provided further, That of the
funds made available under this heading, $300,000 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 $45,000,000 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 $100,000,000 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 $64,000,000 of the funds appropriated under
this heading shall be for the implementation of projects in
not more than ten communities to demonstrate how intensive,
extended, multi-year interventions can dramatically reduce
the presence of lead-based paint hazards in those
communities: Provided further, That each project shall serve
no more than four contiguous census tracts in which there are
high concentrations of housing stock built before 1940, in
which low-income families with children make up a
significantly higher proportion of the population as compared
to the State average, and that are located in jurisdictions
in which instances of elevated blood lead levels reported to
the State are significantly higher than the State average:
Provided further, That such projects shall be awarded not
less than $6,000,000 and not more than $9,000,000: Provided
further, That funding awarded for such projects shall be made
available for draw down contingent upon the grantee meeting
cost-savings, productivity, and grant compliance benchmarks
established by the Secretary: Provided further, That each
recipient of funds for such projects shall contribute an
amount not less than 10 percent of the total
[[Page H9030]]
award, and that the Secretary shall give priority to
applicants that secure commitments for additional
contributions from public and private sources: Provided
further, That grantees currently receiving grants made under
this heading shall be eligible to apply for such projects,
provided that they are deemed to be in compliance with
program requirements established by the Secretary: 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.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and
program-specific information technology systems, for the
continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-
related maintenance activities, $280,000,000, of which
$260,000,000 shall remain available until September 30, 2021,
and of which $20,000,000 shall remain available until
September 30, 2022: 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: Provided further, That
the Office of Inspector General shall procure and rely upon
the services of an independent external auditor to audit the
fiscal year 2020 and subsequent financial statements of the
Department of Housing and Urban Development including the
financial statements of the Federal Housing Administration
and the Government National Mortgage Association.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2020 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2020
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 207. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 208. 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. 209. (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(2 U.S.C.
661a)) of any FHA-
[[Page H9031]]
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 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), 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 (42 U.S.C.
8013); 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 (42 U.S.C. 1437f(b));
(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 (12 U.S.C. 1701s);
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1);
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2));
(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. 210. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or an institution of higher
education (as defined under section 102 of 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. 211. 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. 212. 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 (42 U.S.C. 1437f) 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'') (42 U.S.C. 1437f note) 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. 213. 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. 214. 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. 215. 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'', ``Administrative Support
Offices'', ``Program Offices'', ``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. 216. 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. 217. 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. 218. 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 headings
``Administrative Support Offices'' or ``Program Offices'' 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 3 business days in advance of any such
transfers under this section up to 10 percent or $5,000,000,
whichever is less.
Sec. 219. (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--
[[Page H9032]]
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies
identified by the inspector at the project have been
corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but do not apply to such units assisted under section
8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC
inspection, the Secretary must provide the owner with a
Notice of Default with a specified timetable, determined by
the Secretary, for correcting all deficiencies. The Secretary
must also provide a copy of the Notice of Default to the
tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a
UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect, subject
to the exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent
the Secretary determines, in consultation with the tenants
and the local government, that the property is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report quarterly on all properties
covered by this section that are assessed through the Real
Estate Assessment Center and have UPCS physical inspection
scores of less than 60 or have received an unsatisfactory
management and occupancy review within the past 36 months.
The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees
on Appropriations no later than 30 days after the enactment
of this Act, and on the first business day of each Federal
fiscal year quarter thereafter while this section remains in
effect.
Sec. 220. 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. 221. 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. 222. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment
(PNA).
Sec. 223. 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. 224. 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. 225. 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. 226. None of the funds provided in this Act or any
other act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development subject to administrative
discipline (including suspension from work), in this or the
prior fiscal year, but this prohibition shall not be
effective prior to the effective date of any such
administrative discipline or after any final decision over-
turning such discipline.
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, section 525 of
division H of Public Law 115-31, section 525 of division H of
Public Law 115-141, section 524 of division B of Public Law
115-245 and such authorities as are enacted for Performance
Partnership Pilots in an appropriations Act for fiscal year
2020: 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
through 2020 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) 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. 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. 232. 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. 233. None of the funds made available by this or any
prior Act may be used to require or enforce any changes to
the terms and conditions of the public housing annual
contributions contract between the Secretary and any public
housing agency, as such contract was in effect as of December
31, 2017, unless such changes are mutually agreed upon by the
Secretary and such agency: Provided, That such agreement by
an agency may be indicated only by a written amendment to the
terms and conditions containing the duly authorized signature
of its
[[Page H9033]]
chief executive: Provided Further, That the Secretary may
not withhold funds to compel such agreement by an agency
which certifies to its compliance with its contract.
Sec. 234. None of the amounts made available in this Act
or in the Department of Housing and Urban Development
Appropriations Act, 2019 (Public Law 116-6) may be used to
consider Family Self-Sufficiency performance measures or
performance scores in determining funding awards for programs
receiving Family Self-Sufficiency program coordinator funding
provided in this Act or in the Department of Housing and
Urban Development Appropriations Act, 2019 (Public Law 116-
6).
Sec. 235. (a) All unobligated balances from funds
appropriated under the heading ``Department of Housing and
Urban Development Public and Indian Housing--Tenant Based
Rental Assistance'' in chapter 10 of title I of division B of
the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009 (Public Law 110-329) are
hereby rescinded.
(b) All unobligated balances from funds appropriated under
the heading ``Department of Housing and Urban Development
Public and Indian Housing--Project-Based Rental Assistance''
in chapter 10 of title I of division B of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations
Act, 2009 (Public Law 110-329; 122 Stat. 324) (as amended by
section 1203 of Public Law 111-32; 123 Stat. 1859) are hereby
rescinded.
Sec. 236. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of (Public Law 114-
113) may, upon such designation, use funds (except for
special purpose funding, including special purpose vouchers)
previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937,
including any reserve funds held by the public housing agency
or funds held by the Department of Housing and Urban
Development, pursuant to the authority for use of section 8
or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing
and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134), notwithstanding the purposes
for which such funds were appropriated
Sec. 237. None of the amounts made available by this Act
or by Public Law 116-6 may be used to prohibit any public
housing agency under receivership or the direction of a
Federal monitor from applying for, receiving, or using funds
made available under the heading ``Public Housing Capital
Fund'' for competitive grants to evaluate and reduce lead-
based paint hazards in this Act or that remain available and
not awarded from prior Acts, or be used to prohibit a public
housing agency from using such funds to carry out any
required work pursuant to a settlement agreement, consent
decree, voluntary agreement, or similar document for a
violation of the Lead Safe Housing or Lead Disclosure Rules.
Sec. 238. The Secretary of Housing and Urban Development
shall include in the budget materials submitted to Congress
in support of the budget of the President submitted under
section 1105 of title 31, United States Code, for fiscal year
2021, recommendations and any associated costs for future
research on insurance models designed to reduce evictions or
expand access to rental opportunities for tenants, such as
rental payment insurance.
Sec. 239. It is the sense of Congress that--
(1) more than 17,000,000 people live in manufactured homes
and benefit from high-quality affordable homes which provide
stability;
(2) owners of manufactured homes have disproportionately
low-income households, and in 2013, the median annual
household income for living in manufactured housing was
$28,400;
(3) approximately 75 percent of manufactured home
households earn less than $50,000 per year;
(4) more than 10 percent of veterans in the United States
live in manufactured homes;
(5) in late 1990, manufactured housing represented \2/3\ of
the new affordable housing produced in the United States and
remains a significant source of unsubsidized affordable
housing in the United States;
(6) in 2015, the average cost per square foot for a new
manufactured home was 48 dollars, less than half of the cost
per square foot for a new-site built, structure-only home,
which was $101;
(7) in 2009, 43 percent of all new homes that sold for less
than $150,000 were manufactured homes;
(8) manufactured homes account for 23 percent of new home
sales under $200,000;
(9) more than 50,000 manufactured home communities, also
referred to as ``mobile home parks'', exist throughout the
United States;
(10) more than 2,900,000 manufactured homes are placed in
manufactured home communities;
(11) manufactured home communities provide critical
affordable housing, but receive very little Federal, State,
or local funds to subsidize the cost of manufactured homes;
(12) manufactured home owners in such communities may own
the home, but they do not own the land under the home, which
leaves the home owners vulnerable to rent increases,
arbitrary rule enforcement, and in the case of a manufactured
home community owner converting the land to some other use,
community closure;
(13) an eviction or closure of a manufactured home
community is very disruptive to a resident who may be unable
to pay the thousands of dollars it takes to move the
manufactured home or find a new location for the manufactured
home;
(14) in an effort to preserve a crucial source of
affordable housing within the past two decades, a national
network of housing providers has helped residents purchase
and own the land under the manufactured home community, and
manage the manufactured home community;
(15) nationwide, there are more than 1,000 stable,
permanent ownership cooperatives or nonprofit-owned
developments in more than a dozen States;
(16) members of manufactured home communities continue to
own such homes individually, own an equal share of the land
beneath the entire manufactured home community, participate
in the governing of the community, and elect a board of
directors who make major decisions within the manufactured
home community by a democratic vote;
(17) in New Hampshire, more than 30 percent of manufactured
home communities are owned by residents;
(18) resident-owned cooperatives and nonprofit owned
communities have also flourished in Vermont, Massachusetts,
Rhode Island, Washington, Oregon, and Minnesota;
(19) nationwide, only 2 percent of all manufactured home
communities are resident or nonprofit-owned;
(20) when the owner of a manufactured home community or his
or her heirs sell the community to the highest bidder, it can
result in displacement for dozens and sometimes hundreds of
families; and
(21) Congress should endeavor to protect residents of
manufactured home communities by encouraging the owners of
those properties to sell them to nonprofit organizations or
to the residents themselves to own cooperatively.
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,
$9,200,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses:
Provided further, That of this amount, $800,000 shall be for
activities authorized under section 432 of Public Law 115-
254.
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), $151,000,000, of which $5,000,000
shall be for a multi-family rental housing program:
Provided, That an additional $1,000,000, to remain available
until September 30, 2023, shall be for the promotion and
development of shared equity housing models.
[[Page H9034]]
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,
$3,700,000.
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 report accompanying this Act,
whichever is more detailed, unless prior approval is received
from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table accompanying the explanatory statement accompanying
this Act, accompanying reports of the House and Senate
Committee on Appropriations, or in the budget appendix for
the respective appropriations, whichever is more detailed,
and shall apply to all items for which a dollar amount is
specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2020 from
appropriations made available for salaries and expenses for
fiscal year 2020 in this Act, shall remain available through
September 30, 2021, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 416. None of the funds made available by this Act may
be used by the Department of
[[Page H9035]]
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.
(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.
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 FAR.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2020''.
Motion to Concur
Mrs. LOWEY. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mrs. Lowey moves that the House concur in the Senate
amendment to H.R. 3055 with an amendment inserting the text
of Rules Committee Print 116-38 in lieu of the matter
proposed to be inserted by the Senate.
The text of the House amendment to the Senate amendment to the text
is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Further Continuing
Appropriations Act, 2020, and Further Health Extenders Act of
2019''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2020
DIVISION B--HEALTH AND HUMAN SERVICES EXTENDERS AND OTHER MATTERS
Title I--Public Health Extenders
Title II--Other Health Extenders
Title III--Medicaid Extenders
Title IV--Medicare Extenders
Title V--Human Services Extenders
Title VI--Miscellaneous Policies
Title VII--Other Matters
Title VIII--Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2020
Sec. 101. The Continuing Appropriations Act, 2020
(division A of Public Law 116-59) is amended--
(1) by striking the date specified in section 106(3) and
inserting ``December 20, 2019'';
(2) by striking section 122 and inserting the following:
``Sec. 122. Notwithstanding sections 101 and 104, amounts
are provided for `Department of Commerce--Bureau of the
Census--Periodic Censuses and Programs' at a rate for
operations of $7,284,319,000, of which not less than
$90,000,000 is for the delivery of Mobile Questionnaire
Assistance Centers: Provided, That such amounts may be
apportioned up to the rate for operations necessary to
maintain the schedule and deliver the required data according
to statutory deadlines in the 2020 Decennial Census Program:
Provided further, That the third proviso under such heading
in title I of Division C of Public Law 116-6 shall not apply
during the period covered by this Act.'';
(3) in section 136, by striking ``$18,397,500'' and
inserting ``$26,574,167'' and by striking ``$631,000'' and
inserting ``$1,209,111'';
(4) in section 138, by striking ``$20,000,000'' and
inserting ``$30,000,000''; and
(5) by inserting after section 145 the following new
sections:
``Sec. 146. Amounts made available by section 101 for
`Department of Agriculture--Domestic Food Programs--Food and
Nutrition Service--Commodity Assistance Program' may be
apportioned up to the rate for operations necessary to
maintain the current program caseload for the Commodity
Supplemental Food Program.
``Sec. 147. Adjustments for Certain Rates of Pay for the
Uniformed Services.--
``Amounts made available in applicable accounts by section
101--
``(1) for monthly basic pay for members of the uniformed
services under section 203(a) of title 37, United States
Code, may be apportioned up to the rate for operations
necessary to provide monthly pay consistent with section 4 of
Executive Order 13866 of March 28, 2019; and
``(2) for monthly cadet or midshipmen pay for cadets or
midshipmen under section 203(c) of title 37, United States
Code, may be apportioned up to the rate for operations
necessary to provide monthly pay consistent with section 4 of
Executive Order 13866 of March 28, 2019.
``Sec. 148. In addition to amounts provided in section
101, amounts are provided for the Payments in Lieu of Taxes
program authorized by chapter 69 of title 31, United States
Code, at a rate for operations of $400,000, to be used solely
for administrative expenses.
``Sec. 149. Notwithstanding any other provision of this
Act, there is hereby appropriated for fiscal year 2020 for
payment to Maya M. Rockeymoore, widow of Elijah E. Cummings,
late a Representative from the State of Maryland, $174,000.
``Sec. 150. Notwithstanding section 251(a)(1) of the
Balanced Budget and Emergency Deficit Control Act of 1985 and
the timetable in section 254(a) of such Act, the final
sequestration report for fiscal year 2020 pursuant to section
254(f)(1) of such Act and any order for fiscal year 2020
pursuant to section 254(f)(5) of such Act shall be issued,
for the Congressional Budget Office, 10 days after the date
specified in section 106(3), and for the Office of Management
and Budget, 15 days after the date specified in section
106(3).''.
This division may be cited as the ``Further Continuing
Appropriations Act, 2020''.
DIVISION B--HEALTH AND HUMAN SERVICES EXTENDERS AND OTHER MATTERS
TITLE I--PUBLIC HEALTH EXTENDERS
SEC. 1101. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE
NATIONAL HEALTH SERVICE CORPS, AND TEACHING
HEALTH CENTERS THAT OPERATE GME PROGRAMS.
(a) Community Health Centers.--Section 10503(b)(1)(F) of
the Patient Protection and Affordable Care Act (42 U.S.C.
254b-2(b)(1)(F)) is amended by--
(1) striking ``$569,863,014'' and inserting
``$887,671,223''; and
(2) striking ``November 21, 2019'' and inserting ``December
20, 2019''.
(b) National Health Service Corps.--Section 10503(b)(2) of
the Patient Protection and Affordable Care Act (42 U.S.C.
254b-2(b)(2)(G)) is amended--
(1) by striking ``$44,164,384'' and inserting
``$68,794,521''; and
(2) by striking ``November 21, 2019'' and inserting
``December 20, 2019''.
(c) Teaching Health Centers That Operate Graduate Medical
Education Programs.--Section 340H(g)(1) of the Public Health
Service Act (42 U.S.C. 256h(g)(1)) is amended--
(1) by striking ``$18,021,918'' and inserting
``$28,072,603''; and
(2) by striking ``November 21, 2019'' and inserting
``December 20, 2019''.
(d) Application of Provisions.--Amounts appropriated
pursuant to the amendments made by this section for the
period beginning on October 1, 2019, and ending on December
20, 2019, shall be subject to the requirements contained in
Public Law 115-245 for funds for programs authorized under
sections 330 through 340 of the Public Health Service Act (42
U.S.C. 254 through 256).
(e) Conforming Amendment.--Paragraph (4) of section 3014(h)
of title 18, United States Code, as amended by section
1101(e) of division B of Public Law 116-59, is amended by
striking ``and section 1101(d) of division B of the
Continuing Appropriations Act, 2020, and Health Extenders Act
of 2019'' and inserting ``, section 1101(d) of division B of
the Continuing Appropriations Act, 2020, and Health Extenders
Act of 2019, and section 1101(d) of the Further Continuing
Appropriations Act, 2020, and Further Health Extenders Act of
2019''.
SEC. 1102. DIABETES PROGRAMS.
(a) Type I.--Section 330B(b)(2)(D) of the Public Health
Service Act (42 U.S.C. 254c-2(b)(2)(D)) is amended--
(1) by striking ``$21,369,863'' and inserting
``$33,287,671''; and
(2) by striking ``November 21, 2019'' and inserting
``December 20, 2019''.
(b) Indians.--Section 330C(c)(2)(D) of the Public Health
Service Act (42 U.S.C. 254c-3(c)(2)(D)) is amended--
(1) by striking ``$21,369,863'' and inserting
``$33,287,671''; and
(2) by striking ``November 21, 2019'' and inserting
``December 20, 2019''.
TITLE II--OTHER HEALTH EXTENDERS
SEC. 1201. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION
PROGRAM.
Section 510 of the Social Security Act (42 U.S.C. 710) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``November 21, 2019'' and inserting
``December 20, 2019''; and
(B) in paragraph (2)(A), by striking ``November 21, 2019''
and inserting ``December 20, 2019''; and
(2) in subsection (f)(1), by striking ``$10,684,931 for the
period beginning October 1, 2019, and
[[Page H9036]]
ending November 21, 2019'' and inserting ``$16,643,836 for
the period beginning October 1, 2019, and ending December 20,
2019''.
SEC. 1202. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION
PROGRAM.
Section 513 of the Social Security Act (42 U.S.C. 713) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ``November 21, 2019'' and inserting
``December 20, 2019''; and
(B) in subparagraph (B)(i), by striking ``November 21,
2019'' and inserting ``December 20, 2019''; and
(2) in subsection (f), by striking ``$10,684,931 for the
period beginning October 1, 2019, and ending November 21,
2019'' and inserting ``$16,643,836 for the period beginning
October 1, 2019, and ending December 20, 2019''.
TITLE III--MEDICAID EXTENDERS
SEC. 1301. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.
Section 223(d)(3) of the Protecting Access to Medicare Act
of 2014 (42 U.S.C. 1396a note) is amended by striking
``November 21, 2019'' and inserting ``December 20, 2019''.
SEC. 1302. TEMPORARY INCREASE IN FEDERAL MEDICAL ASSISTANCE
PERCENTAGE FOR TERRITORIES UNDER MEDICAID
PROGRAM.
Subsection (ff) of section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended by striking ``November 21,
2019'' and inserting ``December 20, 2019''.
SEC. 1303. DELAY OF REDUCTIONS IN MEDICAID DSH ALLOTMENTS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.
1396r-4(f)(7)(A)) is amended by striking ``November 22,
2019'' each place it appears and inserting ``December 21,
2019''.
TITLE IV--MEDICARE EXTENDERS
SEC. 1401. EXTENSION OF FUNDING FOR QUALITY MEASURE
ENDORSEMENT, INPUT, AND SELECTION.
(a) In General.--Section 1890(d)(2) of the Social Security
Act (42 U.S.C. 1395aaa(d)(2)) is amended--
(1) in the first sentence, by striking ``$1,069,000 for the
period beginning on October 1, 2019, and ending on November
21, 2019'' and inserting ``$1,665,000 for the period
beginning on October 1, 2019, and ending on December 20,
2019''; and
(2) in the third sentence, by striking ``November 21,
2019'' and inserting ``December 20, 2019''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
Continuing Appropriations Act, 2020, and Health Extenders Act
of 2019 (Public Law 116-59).
SEC. 1402. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
LOW-INCOME PROGRAMS.
(a) Additional Funding for State Health Insurance
Programs.--Subsection (a)(1)(B) of section 119 of the
Medicare Improvements for Patients and Providers Act of 2008
(42 U.S.C. 1395b-3 note), as amended by section 3306 of the
Patient Protection and Affordable Care Act (Public Law 111-
148), section 610 of the American Taxpayer Relief Act of 2012
(Public Law 112-240), section 1110 of the Pathway for SGR
Reform Act of 2013 (Public Law 113-67), section 110 of the
Protecting Access to Medicare Act of 2014 (Public Law 113-
93), section 208 of the Medicare Access and CHIP
Reauthorization Act of 2015 (Public Law 114-10), section
50207 of division E of the Bipartisan Budget Act of 2018
(Public Law 115-123), and section 1402 of the Continuing
Appropriations Act, 2020, and Health Extenders Act of 2019
(Public Law 116-59), is amended--
(1) in clause (ix), by striking ``and'' at the end;
(2) in clause (x), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (x) the following new clause:
``(xi) for the period beginning on November 22, 2019, and
ending on December 20, 2019, of $1,033,000.''.
(b) Additional Funding for Area Agencies on Aging.--
Subsection (b)(1)(B) of such section 119, as so amended, is
amended--
(1) in clause (ix), by striking ``and'' at the end;
(2) in clause (x), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (x) the following new clause:
``(xi) for the period beginning on November 22, 2019, and
ending on December 20, 2019, of $597,000.''.
(c) Additional Funding for Aging and Disability Resource
Centers.--Subsection (c)(1)(B) of such section 119, as so
amended, is amended--
(1) in clause (ix), by striking ``and'' at the end;
(2) in clause (x), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (x) the following new clause:
``(xi) for the period beginning on November 22, 2019, and
ending on December 20, 2019, of $397,000.''.
(d) Additional Funding for Contract With the National
Center for Benefits and Outreach Enrollment.--Subsection
(d)(2) of such section 119, as so amended, is amended--
(1) in clause (ix), by striking ``and'' at the end;
(2) in clause (x), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (x) the following new clause:
``(xi) for the period beginning on November 22, 2019, and
ending on December 20, 2019, of $953,000.''.
SEC. 1403. EXTENSION OF TERMINATION DATE OF PATIENT-CENTERED
OUTCOMES RESEARCH TRUST FUND.
Section 9511(f) of the Internal Revenue Code of 1986 is
amended by striking ``November 21'' and inserting ``December
20''.
TITLE V--HUMAN SERVICES EXTENDERS
SEC. 1501. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS
HEALTH PROFESSIONS WORKFORCE NEEDS.
Activities authorized by section 2008 of the Social
Security Act shall continue through December 20, 2019, in the
manner authorized for fiscal year 2019, and out of any money
in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may
be necessary for such purpose. Grants and payments may be
made pursuant to this authority through the date so specified
at the pro rata portion of the total amount authorized for
such activities in fiscal year 2019.
SEC. 1502. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES PROGRAM AND RELATED PROGRAMS.
Activities authorized by part A of title IV and section
1108(b) of the Social Security Act shall continue through
December 20, 2019, in the manner authorized for fiscal year
2019, and out of any money in the Treasury of the United
States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose.
TITLE VI--MISCELLANEOUS POLICIES
SEC. 1601. ALASKA NATIVE REGIONAL HEALTH ENTITIES.
Section 424(a) of the Consolidated Appropriations Act, 2014
(Public Law 113-76), as amended by section 428 of the
Consolidated Appropriations Act, 2018 (Public Law 115-141),
shall be applied by substituting ``December 20, 2019'' for
``October 1, 2019''.
SEC. 1602. MEDICAID IMPROVEMENT FUND.
Section 1941(b) of the Social Security Act (42 U.S.C.
1396w-1(b)) is amended in paragraph (3)(A) by striking
``$2,387,000,000'' and inserting ``$1,960,000,000''.
TITLE VII--OTHER MATTERS
SEC. 1701. UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM
FUND CLARIFICATION ACT.
(a) Short Title.--This section may be cited as the ``United
States Victims of State Sponsored Terrorism Fund
Clarification Act''.
(b) Technical Corrections to the USVSST Fund.--
(1) In general.--The Justice for United States Victims of
State Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(B), by striking ``section.'' and
inserting ``section, except that, during the 1-year period
beginning on the date of enactment of the United States
Victims of State Sponsored Terrorism Fund Clarification Act,
the Special Master may utilize an additional 5 full-time
equivalent Department of Justice personnel.''; and
(ii) in paragraph (2)(A), by striking ``Such notice is''
and inserting the following: ``Not later than 30 days after
the date of enactment of the United States Victims of State
Sponsored Terrorism Fund Clarification Act, the Special
Master shall update, as necessary as a result of the
enactment of such Act, such procedures and other guidance
previously issued by the Special Master. Such notice and any
updates to that notice or other guidance are'';
(B) in subsection (c)--
(i) in paragraph (2)(B), by striking ``January 20, 1981''
and all that follows through ``Columbia'' and inserting
``January 20, 1981''; and
(ii) in paragraph (3)(A)--
(I) in clause (i)(II), by striking the period at the end
and inserting the following: ``, except that any United
States person with an eligible claim described in paragraph
(2)(B) who did not have an eligible claim before the date of
enactment of the United States Victims of State Sponsored
Terrorism Fund Clarification Act shall have 90 days from the
date of enactment of such Act to submit an application for
payment.''; and
(II) in clause (ii), by striking the period at the end and
inserting the following: ``, unless the final judgment was
awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent
before the date of enactment of the United States Victims of
State Sponsored Terrorism Fund Clarification Act, in which
case such United States person shall have 90 days from the
date of enactment of such Act to submit an application for
payment.'';
(C) in subsection (d)--
(i) in paragraph (3)(A), by striking clauses (i) and (ii)
and inserting the following:
``(i) Pro rata basis.--Except as provided in subparagraph
(B) and subject to the limitations described in clause (ii),
the Special Master shall carry out paragraph (1), by--
``(I) dividing all available funds in half and allocating
50 percent of the available funds to non-9/11 related victims
of state sponsored terrorism and the remaining 50 percent of
the available funds to 9/11 related victims of state
sponsored terrorism;
``(II) further dividing the funds allocated to non-9/11
related victims of state sponsored terrorism on a pro rata
basis, based on the amounts outstanding and unpaid on
eligible claims, until such amounts have been paid in full or
the Fund is closed; and
``(III) further dividing the funds allocated to 9/11
related victims of state sponsored terrorism on a pro rata
basis, based on the amounts outstanding and unpaid on
eligible claims, until such amounts have been paid in full or
the Fund is closed.
``(ii) Limitations.--The limitations described in this
clause are as follows:
``(I) In the event that a United States person has an
eligible claim that exceeds $20,000,000, the Special Master
shall treat that claim as if it were for $20,000,000 for
purposes of this section.
``(II) In the event that a non-9/11 related victim of state
sponsored terrorism and the immediate family members of such
person have claims
[[Page H9037]]
that if aggregated would exceed $35,000,000, the Special
Master shall, for purposes of this section, reduce such
claims on a pro rata basis such that in the aggregate such
claims do not exceed $35,000,000.
``(III) In the event that a 9/11 victim, 9/11 spouse, or 9/
11 dependent and the immediate family members of such person
(who are also 9/11 victims, 9/11 spouses, or 9/11 dependents)
have claims that if aggregated would exceed $35,000,000, the
Special Master shall, for purposes of this section, reduce
such claims on a pro rata basis such that in the aggregate
such claims do not exceed $35,000,000.
``(IV) In the event that a 9/11 family member and the
family members of such person (who are also 9/11 family
members) have claims that if aggregated would exceed
$20,000,000, the Special Master shall, for purposes of this
section, reduce such claims on a pro rata basis such that in
the aggregate such claims do not exceed $20,000,000.''; and
(ii) in paragraph (4)--
(I) by striking ``On'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
on''; and
(II) by adding at the end the following:
``(B) Third round payments.--The Special Master shall
authorize third-round payments to satisfy eligible claims
under this section not earlier than 90 days, and not later
than 180 days, after the date of enactment of the United
States Victims of State Sponsored Terrorism Fund
Clarification Act. The Special Master shall accept
applications from eligible applicants (consistent with the
deadlines for application submission prescribed in subsection
(c)(3)) until the date that is 90 days after the date of
enactment of the United States Victims of State Sponsored
Terrorism Fund Clarification Act.'';
(D) in subsection (e)--
(i) in paragraph (2)(A)(ii)--
(I) by striking ``One-half'' and inserting ``Seventy-five
percent''; and
(II) by striking ``one-half'' and inserting ``seventy-five
percent''; and
(ii) in paragraph (6), by striking ``2026'' each place the
term appears and inserting ``2030'';
(E) in subsection (f)(1)--
(i) by inserting ``representing a non-9/11 related victim
of state sponsored terrorism'' after ``No attorney''; and
(ii) by adding at the end the following: ``After the date
of enactment of the United States Victims of State Sponsored
Terrorism Fund Clarification Act, no attorney representing a
9/11 related victim of state sponsored terrorism shall
charge, receive, or collect, and the Special Master shall not
approve, any payment of fees and costs that in the aggregate
exceeds 15 percent of any payment made under this section
after the date of enactment of such Act.''; and
(F) in subsection (j)--
(i) in paragraph (6), by striking ``(including payments
from the September 11th Victim Compensation Fund (49 U.S.C.
40101 note))''; and
(ii) by adding at the end the following:
``(9) Non-9/11 related victim of state sponsored
terrorism.--The term `non-9/11 victim of state sponsored
terrorism' means a United States person who has an eligible
claim under subsection (c) that is unrelated to the acts of
international terrorism carried out on September 11, 2001.
``(10) 9/11 related victim of state sponsored terrorism.--
The term `9/11 related victim of state sponsored terrorism'
means a 9/11 victim, 9/11 spouse, 9/11 dependent, or 9/11
family member.
``(11) 9/11 dependent.--The term `9/11 dependent' means a
United States person who has an eligible claim under
subsection (c) who at the time of a 9/11 victim's death was--
``(A) a dependent, as defined in section 104.3 of title 28,
Code of Federal Regulations, or any successor thereto, of the
9/11 victim; or
``(B) the child of the 9/11 victim who has not, before the
date of enactment of the United States Victims of State
Sponsored Terrorism Fund Clarification Act, received payment
from the Fund.
``(12) 9/11 family member.--The term `9/11 family member'
means the immediate family member of an individual described
in section 405(c) of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) who is not a 9/11
dependent or a 9/11 spouse.
``(13) 9/11 spouse.--The term `9/11 spouse' means a United
States person who has an eligible claim under subsection (c)
who is a spouse, as defined in section 104.3 of title 28,
Code of Federal Regulations, or any successor thereto, of an
individual described in section 405(c) of the Air
Transportation Safety and System Stabilization Act (49 U.S.C.
40101 note).
``(14) 9/11 victim.--The term `9/11 victim' means a United
States person who has an eligible claim under subsection (c)
who is an individual described in section 405(c)(2) of the
Air Transportation Safety and System Stabilization Act (49
U.S.C. 40101 note).''.
(c) Rule of Construction.--A determination by the Special
Master before the date of enactment of the United States
Victims of State Sponsored Terrorism Fund Clarification Act
that an award or award determination under section 405 of the
Air Transportation Safety and Stabilization Act (49 U.S.C.
40101 note) was controlling for purposes of the Fund
(pursuant to subsection (d)(3)(A)(ii)(III) of the Justice for
United States Victims of State Sponsored Terrorism Act (34
U.S.C. 20144(d)(3)(A)(ii)(III)), as such section was in
effect on the day before the date of enactment of this Act)
shall not prejudice a claim of a 9/11 victim, 9/11 spouse, or
9/11 dependent.
(d) Applicability.--This section and the amendments made by
this section shall take effect on the date of enactment of
this Act.
SEC. 1702. REPEAL OF RESCISSION.
(a) In General.--Section 1438 of the FAST Act (Public Law
114-94; 129 Stat. 1432) is repealed.
(b) Clerical Amendment.--The table of contents in section
1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1312) is
amended by striking the item relating to section 1438.
SEC. 1703. SUNSETS.
(a) Section 102(b)(1) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended
by striking ``December 15, 2019'' and inserting ``March 15,
2020''.
(a) Section 6001(b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is
amended by striking ``December 15, 2019'' and inserting
``March 15, 2020''.
TITLE VIII--BUDGETARY EFFECTS
SEC. 1801. BUDGETARY EFFECTS.
(a) Statutory Paygo Scorecards.--The budgetary effects of
this division shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(b) Senate Paygo Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) 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.
(d) PAYGO Annual Report.--For the purposes of the annual
report issued pursuant to section 5 of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the
first session of the 116th Congress, and for determining
whether a sequestration order is necessary under such
section, the debit for the budget year on the 5-year
scorecard, if any, and the 10-year scorecard, if any, shall
be deducted from such scorecard in 2020 and added to such
scorecard in 2021.
The SPEAKER pro tempore. Pursuant to House Resolution 708, the motion
shall be debatable for 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.
General Leave
Mrs. LOWEY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the House amendment to the Senate
amendment to H.R. 3055.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
While the House did its work and passed 12 appropriations bills
through committee and 10 appropriations bills off the floor, delays in
the Senate mean the appropriations process is behind.
With just days until current stopgap funding expires, we must pass a
continuing resolution to keep the government open and fund key
priorities as we negotiate subcommittee allocations and then finalize
individual appropriation bills.
This legislation avoids controversial policies and instead contains
provisions that reflect shared priorities, including bipartisan
language to fully fund a fair and accurate 2020 decennial Census, a 3.1
percent pay raise for our military, and language to prevent a
rescission of $7.6 billion in highway funding.
In addition to these provisions, the CR includes a package of
extenders that will keep health programs critical to American families
up and running. By extending these programs and government funding
through December 20, this CR will allow additional time to negotiate
and enact responsible long-term funding for priorities that make our
country safer and stronger and give working families a better chance at
a better life.
Mr. Speaker, even as we pass this CR today, American families,
businesses, and communities need the certainty of full-year funding. To
complete the appropriations process, we must first settle allocations
with the Senate Republicans. Only by coming together in good faith can
we enact responsible full-year spending bills that invest for the
people and give every American a better chance at a better life.
I urge my colleagues to join me in support of this legislation, and I
reserve the balance of my time.
[[Page H9038]]
Ms. GRANGER. Mr. Speaker, I yield myself such time as I may consume.
It is with a heavy heart that I rise today in opposition to the
continuing resolution. As an appropriator, I don't want to support
anything short of full-year appropriations bills, especially when it
comes to funding for our national defense. Even so, in September, I
urged my colleagues to join me in voting for a temporary CR to avoid a
government shutdown and give the Senate time to complete their work.
At that time the budget deal had just been signed into law, and the
Senate had not yet started consideration of full appropriations
measures for fiscal year 2020. By voting for the last CR, I argued at
the time that we would provide enough time for appropriators in the
House and the Senate to complete work on full-year appropriations
bills.
Unfortunately, not only has that not happened, there still has not
even been an agreement reached on spending levels for those bills. No
business in the world could survive on temporary funding doled out on a
month-to-month basis. The uncertainty created by the habit Congress
finds itself in of repeated CRs and the continual threat of a shutdown
is crippling, especially for our military.
Continuing resolutions limit the military's ability to operate,
train, and care for our servicemembers and their families and continue
the critical research and development that is needed to meet and defeat
all threats. Congress must not fail to meet its most fundamental
constitutional responsibility to provide appropriations.
I call on my colleagues in both parties in both Chambers of Congress
to immediately come together, put politics aside, and work together to
reach an agreement for a full-year appropriations measure that the
President can sign.
Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield the balance of my time to the
gentlewoman from Ohio (Ms. Kaptur) and I ask unanimous consent that she
be allowed to control that time.
The SPEAKER pro tempore (Mr. Morelle). Is there objection to the
request of the gentlewoman from New York?
There was no objection.
Ms. KAPTUR. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), our majority leader.
Mr. HOYER. Mr. Speaker, I thank the gentlewoman for yielding.
I want to thank Mrs. Lowey and Ms. Granger for their leadership on
this committee. I want them to know that I appreciate their commitment
to doing the appropriations process the way we are supposed to do it.
But this day is a recognition of failure, a failure to do our work as
those who adopted the Budget Committee report in 1974, as those of us
who have served on the Appropriations Committee since 1983, 23 years
active on the Appropriations Committee, but still on it but under a
waiver.
This is an admission of failure. It is a recognition of failure. It
is a recognition that the Senate did not do its job. It is a
recognition that the White House would not cooperate in getting to
302(b) allocations.
I talked to Senator McConnell in January of this year. Leader
McConnell and I agreed that we wanted to get the appropriations work
done in a fashion that it was intended to be done, considering
discretely and individually appropriation bills, considering them on
the floor.
Now, frankly, we did not do that. We did not do it for time's sake,
so that we could do things in a timely fashion. And we considered three
omnibus bills, minibuses as we called them, and we sent them to the
Senate prior to June 26 of this year, which gave the Senate more time.
They had all the time they needed. And because the White House, and, in
particular, the acting chief of staff, Mr. Mulvaney--who has been one
of the most negative people I have dealt with in terms of fiscal
responsibility and doing the work of the House on time, and the person
who would say ``amen'' would be John Boehner. Paul Ryan would be not
too far behind.
But Mr. Mulvaney wanted to go to sequester. That was his original
play. And when that didn't fly some months into the sequester gambit,
he went to a CR for the whole year.
{time} 1415
But then he found the Pentagon rightfully was very concerned about
that proposal that would damage our national security, so he continued
to delay. I don't know whether the President was involved in it or not,
frankly. So we did not get to a 302(a) allocation.
For those, Mr. Speaker, watching all this jargon that we are using,
that means how much discretionary money we are going to spend in total.
By the way, our citizens, Mr. Speaker, ought to know that it is only
about one-third, maybe a little less, that is discretionary. The other
is Social Security, Medicare, Medicaid, things of that nature.
We needed to come to an agreement on how much we were going to spend.
After all, we understand the President has to sign the bills. But it
was not the committees that made that agreement. It was not the Budget
Committee that was involved in that agreement. It was Speaker Pelosi
and Secretary Mnuchin meeting together. The Senate wasn't really
involved.
We got to a number, and that was good, in July, which meant that the
Senate had another 2 months to pass its bills, to come to an agreement.
They didn't have to take our 302(b), and they weren't going to take
it. They would have taken it within the constraints of the Mnuchin-
Pelosi agreement or, more properly, the Pelosi-Mnuchin agreement. But
they still did not enact a single appropriations bill.
Now, the floor is not filled. The galleries are not filled, Mr.
Speaker. This is sort of inside baseball. But, very frankly, there are
only 12 bills that need to pass. All the other bills can be put off. It
will have adverse effects, but it will not shut down the people's
government. But if we don't pass these 12 bills, it shuts down the
people's government.
For the first time in the history of the Congress, this Congress took
over with a government partially shut down.
I am going to vote for this CR, but I do not delude myself that this
is a successful pursuance of the appropriations process. It is not. It
is a failure. It is not our failure. We did our work on time.
The Republican whip, Mr. Speaker, keeps telling me: Well, it was a
partisan exercise.
It may well have been a partisan exercise, but 10 bills went to the
United States Senate unattended, untouched, unconsidered, and so we are
here.
The alternative is shutting down government at midnight on December
21. That is not an acceptable alternative.
I want to tell my friends, Mr. Speaker, and I want to say to those in
this Chamber, that I have great respect for Ranking Member Granger,
with whom I have worked for longer perhaps than either one of us want
to say, but a long time. I have respect for her commitment to the
appropriations process, her commitment to regular order, and her
commitment to doing our work in the fashion that the American people
can have confidence.
Mr. Speaker, I have confidence in Mrs. Lowey, the chair of the
committee. I know that they are working together and have the same
objective. That does not mean they agree on every dollar, as to how it
ought to be allocated, but it does mean they think it ought to be
considered in the way that it should be. This is not the way it should
be.
This is the way it is, and I am going to vote for it. I urge my
Members to vote for it. But I will say, Mr. Speaker, if I am upset
today, if we don't get our work done, and I mean done, and you talk
about a CR on December 20, I will not be happy. I don't know what that
means, but I am going to have additional discussions with Senator
McConnell, as I have had with the chairman of the Appropriations
Committee in the Senate and the ranking member, Mr. Leahy. I have
talked to both Mr. Shelby and Mr. Leahy. They want to get this work
done.
There is no reason on God's green Earth that we cannot do the
appropriations bills in the way that they ought to be done, except we
lack the will to compromise. We lack the will to work together. We lack
the will to do the American people's business on time, rationally, and
without creating a sense that this institution cannot and does not
work.
I hope we use these days that are left between today and December 20
in a
[[Page H9039]]
productive, effective way so that the appropriations process can be
concluded on December 20 or before.
This probably is going to have no constructive effect this day, but I
hope in the days to come that we will all have such a sense of urgency
that we owe it to the country, to our people, and to this institution
to show the American people we can make it work. Let's do it.
Ms. GRANGER. Mr. Speaker, I yield 3 minutes to the gentleman from
Arkansas (Mr. Womack).
Mr. WOMACK. Mr. Speaker, I appreciate the gentlewoman from Texas (Ms.
Granger) for yielding and for her leadership.
I, too, am concerned about the direction we are heading in this
continuing resolution, but I have another reason, Mr. Speaker. This CR
includes a provision that has a significant budgetary impact. I am
frustrated that the amendment I filed with the Rules Committee last
night was not made in order to address it.
My amendment would have offset $76 billion in mandatory spending
increases from repealing a rescission of funds in the 2015 Fixing
America's Surface Transportation Act, or FAST Act, a transportation
bill.
This provision, Mr. Speaker, would have a significant impact on
mandatory spending, which everybody in this Chamber knows is driving
the Nation's deficits and debt.
Let me be clear: The amendment would have allowed for the highway
funding to take place but simply called for it to be paid for.
Now, I don't think that is asking too much, to ask for increases in
spending, given the fact that we will have a trillion-dollar deficit
this year on top of the $23 trillion debt, to just simply pay for the
excesses.
The House should have had an opportunity to consider whether to
offset the funding in a fiscally responsible manner, in my opinion. I
find it troubling that we were not given that opportunity. That is one
thing.
The manner in which the CR was assembled doesn't provide a great deal
of hope that we will enact a full-year defense spending bill, which the
military so desperately needs right now. I share the concerns of the
distinguished majority leader.
Mr. Speaker, I am not optimistic that we will conclude all of these
other funding bills before the expiration of the next CR. The
difference is going to be that it is going to be the 20th of December.
It is going to be right before Christmas, and we will do whatever we
can to get out of town to go celebrate the holidays.
The majority leader says if that happens, he will be mad. My
recommendation to him is to prepare to be mad. I know how this place
works.
Mr. Speaker, is it not apparent to the discerning people of America
and specifically to the people in this Chamber that this is a flawed
and broken process and that we need to fix it?
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. GRANGER. Mr. Speaker, I yield an additional 2 minutes to the
gentleman from Arkansas.
Mr. WOMACK. Mr. Speaker, we need to fix it.
I spent last year with the distinguished chair of the Appropriations
Committee, Mrs. Lowey, as co-chairs of the Joint Select Committee on
Budget and Appropriations Process Reform. We got really close on some
good ideas that would fundamentally change the way we do our Article I
responsibility, but we left all that at the altar.
What more evidence do we need to show that this process is flawed,
that it is broken and needs to be fixed?
I am frustrated. The American people are frustrated.
Nobody paying attention to this process conducts their business or
their personal finances the way this body does, the legislative body of
the most incredible country ever known to humankind.
Yet the question today is: Will we just kick the can down the road to
right before Christmas in hopes that this Congress is going to have
some epiphany that we have to do the work that we have been trying to
do for the last 7 weeks? We are 7 weeks into the fiscal year.
Mr. Speaker, I had breakfast this morning with the Secretary of the
Army, and here is what he said: Eventually, we will give you the money,
our men and women in uniform. The problem is that we can't give you the
time back.
That time is running through the clock, so I am frustrated.
I am prepared to vote ``no,'' and I am prepared to continue to work
as long as it takes to make sure that we do our work on time and not
kick the can down the road.
Ms. KAPTUR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of this continuing resolution.
I listened carefully to what the gentleman said just prior to my
taking the floor, and I wish that the other body had done its work. We
did ours. I am pretty proud of our Members.
This bill ensures that the Federal Government and its lights stay on,
that we pay our bills on time, and that the people's business continues
while negotiations on a full year's spending deal proceed.
While we are hopeful an agreement can quickly be reached, I am really
disappointed that the Senate continues to delay while so much is at
stake. I really don't understand the problem over there.
For each day that we delay in passing a full-year appropriations
bill, we send a message of uncertainty that has consequences for the
business of the American people. Be glad you are not a contracting
officer in one of the agencies, certainly the Department of Defense, at
this point.
For our subcommittee, my bill, the Energy and Water Development, and
Related Agencies appropriations bill, proposes key investments to the
Army Corps of Engineers, in our Nation's crumbling water
infrastructure, and in the energy innovation pipeline that is so
essential to sustaining life on Earth. The United States must remain at
the forefront of energy innovation to address climate change, so vital
to people across the globe.
This bill essentially offers a pathway, and that is all it is, for
our committees to negotiate on a final bill that makes these key
investments and many others across committees.
In addition to giving Congress the space to finalize our bills, this
continuing resolution makes key investments in the Census, and they
make those investments as soon as the bill passes.
We must ensure a complete census count. In fact, the country can't
wait even 1 month to invest in this ramp-up effort. Ads are out all
across the country. The Census Bureau has to do its job.
{time} 1430
And the Census will support reapportionment and will impact
everything the Federal Government does, from grant programs to
redistricting.
I urge my colleagues to support this legislation so the committees
can move toward full agreement. I urge prayerful thoughts for our
colleagues over in the other body to do their work so that we don't
have to use up the full time before December 20 and we can actually
pass the bills that are necessary before that time.
Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
Ms. KAPTUR. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Florida (Ms. Wasserman Schultz) of the Military Construction, Veterans
Affairs, and Related Agencies Subcommittee of the Appropriations
Committee, who does such a fine job.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I thank the distinguished woman
for yielding.
Mr. Speaker, I rise in reluctant support of this continuing
resolution, which would keep the government open until December 20,
2019.
As has been stated, but can't be stated enough, the House has done
its job. We passed our appropriations bills earlier this summer.
Unfortunately, the Senate failed to act in time, and now we are kicking
the can down the road yet again with a second CR.
A CR is destructive for our Federal agencies, but we need to keep the
government open, obviously. Fortunately, this CR has a few provisions
that make this bitter medicine more palatable.
It once again includes critical health extenders for Medicare and
Medicaid programs and for other benefit programs like Temporary
Assistance for Needy Families.
[[Page H9040]]
Notably, the bill also restores necessary funding for the Census
Bureau as it gears up for the 2020 Census, and it includes a 3.1
percent pay raise for our troops. As chairwoman of the Appropriations
Military Construction, Veterans Affairs, and Related Agencies
Subcommittee, I happily support this necessary pay raise for our
servicemembers.
But let me make this clear: We cannot responsibly govern by an
endless series of destructive continuing resolutions. These Band-Aids
keep the lights on but serve as de facto spending cuts for our Federal
agencies, and they handcuff short and longer term budget and project
planning.
Instead of locking ourselves into a series of CRs, it is imperative
that the Senate work with us in good faith to come to agreement on top-
line funding numbers, and do so without taking all their marching
orders from the White House.
Passing CRs also abdicates our congressional power of the purse. The
Appropriations Committee put a lot of work and countless beneficial
provisions into our bills. We must not toss all of that thoughtful work
aside.
Mr. Speaker, I support passage of this CR. Our businesses, families,
and local communities deserve and need that budget certainty.
But I urge Congress to work out amongst ourselves a concrete path
forward to fulfill our appropriations responsibilities and resume
orderly funding of the government.
Ms. GRANGER. Mr. Speaker, I yield back the balance of my time.
Ms. KAPTUR. Mr. Speaker, I urge my colleagues to vote for this
continuing resolution, and I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, the Continuing Resolution
before us today not only keeps our government open and operating until
December 20, 2019--as we finalize the 2020 budget--but it also extends
authorities for critical services such as the National Flood Insurance
Program, Community Health Centers, and the National Health Service
Corps.
Of particular significance to thousands of 9/11 survivors--and a
giant step forward for justice--the CR also reforms the US Victims of
State Sponsored Terrorism (USVSST) Fund to ensure that immediate family
members--the spouses and children of the victims of 9/11--are, for the
first time, given rightful access to the judgements they have won in
court against the perpetrators of the attack on our Nation.
The USVSST was established by Congress in December 2015 to compensate
victims of international state-sponsored terrorism. It is funded
entirely by criminal and civil penalties collected by the US government
from foreign entities that violate U.S. sanctions--primarily related to
Iran. In addition to compensating Americans who were held hostage
during the Iranian Hostage Crisis of 1979-1981, the 2015 legislation
also sought to award any persons who have won legal judgments in a U.S.
federal district court against a state sponsor of terrorism arising
from acts of international terrorism.
Is there any more deserving group of victims of state sponsored acts
of terrorism than those who lost their parents or spouses on September
11, 2001? I don't think so.
Yet, remarkably through a misinterpretation of the 2015 law by the
fund's Special Master, the immediate family members--i.e. the
dependents--were barred from participating--that's unfair, unjust and
unconscionable.
In 2017 and 2019, the fund granted awards to the Iranian hostages,
their relatives, victims of U.S. embassy bombings and the Marine
barracks in Lebanon--and to more distant relatives of those who were
killed on 9/11. But the spouses and children of 9/11 victims were
denied, barred and shown the door.
With the deadline for the 2020 round of awards approaching, this past
September I hosted a town meeting in Wall Township, New Jersey. Widely
attended by spouses and children from across the entire tri-state area,
the meeting exposed anew the struggles these survivors continue to
face, the sacrifices they have endured, the efforts they have made to
hold state sponsors of terrorism accountable for the deaths of their
loved ones, and the madness in the decision to bar them from the
USVSST.
The technical correction in the CR reflects a bipartisan agreement,
an equitable fix to the USVSST that permits 9/11 spouses and children
to pursue their judgements in the fund while continuing the
participation of other victims as well.
None of this would have been possible if not for the leadership and
commitment of the victim's spouses and children, people who continue to
seek justice after the murders of their loved ones. Many stepped
forward, and those known as the Jersey Girls--Kristen Breitweiser,
Mindy Kleinberg, Lorie Van Auken, and Kathy Maher--have been tireless,
factual and well-informed in advocating for the needed reforms.
Kathy Wisneiwski, a surviving widow, former school vice principal,
and member of my staff, has been relentless especially in working on
behalf of the surviving children. And Angela Mistrulli was tenacious in
working with leaders outside the tri-state area to help bring about
this needed reform.
With absolute clarity, Congress has now instructed the Justice
Department to specifically honor the judgements of these immediate 9/11
family members.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 708, the previous question is ordered.
The question is on the motion by the gentlewoman from New York (Mrs.
Lowey).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. GRANGER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15-
minute vote on the motion to concur will be followed by a 5-minute vote
on agreeing to the Speaker's approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 231,
nays 192, not voting 7, as follows:
[Roll No. 631]
YEAS--231
Adams
Aguilar
Allred
Armstrong
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Fudge
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Herrera Beutler
Higgins (NY)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCaul
McCollum
McEachin
McGovern
McNerney
Meeks
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell (AL)
Shalala
Sherman
Sherrill
Simpson
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stefanik
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Veasey
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
Young
NAYS--192
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bishop (NC)
Bishop (UT)
Blumenauer
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Clarke (NY)
Cline
Cloud
Collins (GA)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
DeFazio
[[Page H9041]]
DesJarlais
Diaz-Balart
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McClintock
McHenry
McKinley
Meadows
Meng
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (NC)
Newhouse
Norman
Nunes
Ocasio-Cortez
Olson
Omar
Palazzo
Palmer
Pence
Perry
Posey
Pressley
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Smith (MO)
Smith (NE)
Smucker
Spano
Stauber
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Tipton
Tlaib
Turner
Upton
Vargas
Vela
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Zeldin
NOT VOTING--7
Bilirakis
DeGette
Gabbard
Gohmert
Ratcliffe
Serrano
Timmons
{time} 1515
Mr. BOST and Ms. CLARKE of New York changed their vote from ``yea''
to ``nay.''
Messrs. VEASEY and HORSFORD changed their vote from ``nay'' to
``yea.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________