[Congressional Record Volume 165, Number 204 (Tuesday, December 17, 2019)]
[House]
[Pages H10386-H10600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN ACT
Mrs. LOWEY. Madam Speaker, pursuant to House Resolution 765, I call
up the bill (H.R. 1865) to require the Secretary of the Treasury to
mint a coin in commemoration of the opening of the National Law
Enforcement Museum in the District of Columbia, 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. The Clerk will designate the Senate
amendment.
Senate amendment:
At the end, add the following:
SEC. 9. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary
to ensure that--
[[Page H10387]]
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins
authorized by this Act (including labor, materials, dies, use
of machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code.
Motion to Concur
Mrs. LOWEY. Madam 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. 1865 with an amendment consisting of the text of Rules Committee
Print 116-44 modified by the amendment printed in House Report 116-353.
The text of the House amendment to the Senate amendment is as
follows:
At the end of the Senate amendment, add the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Further Consolidated
Appropriations Act, 2020''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8 Office of Management and Budget Reporting Requirements.
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
Title I--Legislative Branch
Title II--General Provisions
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--Natural Disaster Relief
Title VI--General Provisions
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION I--EXTENSIONS
Title I--Immigration Extensions
Title II--National Flood Insurance Program Extension
Title III--Secure Rural Schools and Community Self-Determination
Extension
Title IV--Export-Import Bank Extension
Title V--Terrorism Risk Insurance Program Extension
Title VI--NASA Enhanced Use Leasing Extension
Title VII--INKSNA Extension
Title VIII--Brand USA Extension
Title IX--DC Opportunity Scholarship Extensions
Title X--Budgetary Effects
DIVISION J--FOREIGN POLICY
DIVISION K--NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN
DIVISION L--DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS
DIVISION M--BIPARTISAN AMERICAN MINERS
DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS
DIVISION O--SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT
DIVISION P--OTHER MATTER
Title I--Platte River Recovery Implementation Program
Title II--Great Lakes
Title III--Morris K. Udall and Stewart L. Udall Foundation
Title IV--White Horse Hill National Game Preserve
Title V--Pittman-Robertson Fund
Title VI--John F. Kennedy Center
Title VII--Preserving America's Battlefields
Title VIII--Veterans Affairs Report on Disability Compensation and the
Positive Association With Exposure to an Herbicide Agent
Title IX--Disaster Recovery Workforce
Title X--Television Viewer Protection
Title XI--Eligibility to Receive Signals Under a Distant-Signal
Satellite License
Title XII--Groundfish Trawl Fishery
Title XIII--Temporary Relief from Certain ERISA Requirements
Title XIV--Library of Congress Technical Corrections
Title XV--Senate Entities
Title XVI--Legislative Branch Inspectors General Independence
Title XVII--Managing Political Fund Activity
Title XVIII--Kentucky Wildlands National Heritage Area Study
Title XIX--International Bank for Reconstruction and Development
Title XX--European Energy Security and Diversification Act of 2019
DIVISION Q--REVENUE PROVISIONS
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.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the House section of the Congressional Record on or about
December 17, 2019, and submitted by the Chairwoman of the
Committee on Appropriations of the House, shall have the same
effect with respect to the allocation of funds and
implementation of divisions A through H of this Act as if it
were a joint explanatory statement of a committee of
conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2020.
SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act 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 shall be available (or rescinded, if applicable) only if
the President subsequently so designates all such amounts and
transmits such designations to the Congress.
(b) Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 shall be available
(or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits
such designations to the Congress.
SEC. 7. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost
of living adjustments for Members of Congress) during fiscal
year 2020.
SEC. 8. OFFICE OF MANAGEMENT AND BUDGET REPORTING
REQUIREMENTS.
(a) As of the date of enactment of this Act, section 150 of
the Continuing Appropriations Act, 2020 (division A of Public
Law 116-59), as added by the Further Continuing
Appropriations Act, 2020 (division A of Public Law 116-69),
shall no longer have any force or effect.
(b) Notwithstanding the ``7 calendar days'' requirement in
section 251(a)(7)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(a)(7)(B)), for any
appropriations Act for fiscal year 2020 enacted before
January 1, 2020, the Office of Management and Budget shall
transmit to the Congress its report under that section
estimating the discretionary budgetary effects of such Acts
not later than January 15, 2020.
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to
[[Page H10388]]
in this Act as ``WIOA'') and the National Apprenticeship Act,
$3,611,200,000, plus reimbursements, shall be available. Of
the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,819,832,000 as
follows:
(A) $854,649,000 for adult employment and training
activities, of which $142,649,000 shall be available for the
period July 1, 2020 through June 30, 2021, and of which
$712,000,000 shall be available for the period October 1,
2020 through June 30, 2021;
(B) $913,130,000 for youth activities, which shall be
available for the period April 1, 2020 through June 30, 2021;
and
(C) $1,052,053,000 for dislocated worker employment and
training activities, of which $192,053,000 shall be available
for the period July 1, 2020 through June 30, 2021, and of
which $860,000,000 shall be available for the period October
1, 2020 through June 30, 2021:
Provided, That the funds available for allotment to
outlying areas to carry out subtitle B of title I of the WIOA
shall not be subject to the requirements of section
127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $791,368,000 as follows:
(A) $270,859,000 for the dislocated workers assistance
national reserve, of which $70,859,000 shall be available for
the period July 1, 2020 through September 30, 2021, and of
which $200,000,000 shall be available for the period October
1, 2020 through September 30, 2021: Provided, That funds
provided to carry out section 132(a)(2)(A) of the WIOA may be
used to provide assistance to a State for statewide or local
use in order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the
State workforce development plan with emerging economic
development needs; and train such eligible dislocated
workers: Provided further, That funds provided to carry out
sections 168(b) and 169(c) of the WIOA may be used for
technical assistance and demonstration projects,
respectively, that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary of Labor
(referred to in this title as ``Secretary'') may reserve not
more than 10 percent of such funds to provide technical
assistance and carry out additional activities related to the
transition to the WIOA: Provided further, That of the funds
provided under this subparagraph, $70,000,000 shall be for
training and employment assistance under sections 168(b),
169(c) (notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $30,000,000 shall be for workers in the Appalachian
region, as defined by 40 U.S.C. 14102(a)(1) and workers in
the Lower Mississippi, as defined in section 4(2) of the
Delta Development Act (Public Law 100-460, 102 Stat. 2246; 7
U.S.C. 2009aa(2));
(ii) $40,000,000 shall be for the purpose of developing,
offering, or improving educational or career training
programs at community colleges, defined as public
institutions of higher education, as described in section
101(a) of the Higher Education Act and at which the
associate's degree is primarily the highest degree awarded,
with other eligible institutions of higher education, as
defined in section 101(a) of the Higher Education Act,
eligible to participate through consortia, with community
colleges as the lead grantee: Provided, That the Secretary
shall follow the requirements for the program in House Report
116-62: Provided further, That any grant funds used for
apprenticeships shall be used to support only apprenticeship
programs registered under the National Apprenticeship Act and
as referred to in section 3(7)(B) of the Workforce Innovation
and Opportunity Act;
(B) $55,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2020 through June 30, 2021;
(C) $91,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $85,229,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $6,122,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $545,000 for
other discretionary purposes, which shall be available for
the period April 1, 2020 through June 30, 2021: Provided,
That notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services;
(D) $94,534,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2020 through June 30, 2021;
(E) $98,079,000 for ex-offender activities, under the
authority of section 169 of the WIOA, which shall be
available for the period April 1, 2020 through June 30, 2021:
Provided, That of this amount, $25,000,000 shall be for
competitive grants to national and regional intermediaries
for activities that prepare young ex-offenders and school
dropouts for employment, with a priority for projects serving
high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall
be available for the period July 1, 2020 through June 30,
2021; and
(G) $175,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA, to be available to the Secretary to carry out
activities through grants, cooperative agreements, contracts
and other arrangements, with States and other appropriate
entities, which shall be available for the period July 1,
2020 through June 30, 2021.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
WIOA, $1,743,655,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2020 through June 30, 2021;
(2) $108,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2020 through June 30, 2023, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may
transfer up to 15 percent of such funds to meet the
operational needs of such centers or to achieve
administrative efficiencies: Provided further, That any
funds transferred pursuant to the preceding provision shall
not be available for obligation after June 30, 2021:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2019 through September 30, 2020:
Provided, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $405,000,000, which
shall be available for the period April 1, 2020 through June
30, 2021, and may be recaptured and reobligated in accordance
with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2020 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, and including benefit payments, allowances,
training, employment and case management services, and
related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of
2011 and section 405(a) of the Trade Preferences Extension
Act of 2015, $680,000,000 together with such amounts as may
be necessary to be charged to the subsequent appropriation
for payments for any period subsequent to September 15, 2020:
Provided, That notwithstanding section 502 of this Act, any
part of the appropriation provided under this heading may
remain available for obligation beyond the current fiscal
year pursuant to the authorities of section 245(c) of the
Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000,
together with not to exceed $3,290,583,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,540,816,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $175,000,000 to carry out
reemployment services and eligibility assessments under
section 306 of such Act, any claimants of regular
compensation, as defined in such section, including those who
are profiled as most likely to exhaust their benefits, may be
eligible for such services and assessments: Provided, That
of such amount, $117,000,000 is specified for grants under
section 306 of the Social Security Act and is provided to
meet the terms of section 251(b)(2)(E)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
and $58,000,000 is additional new budget authority specified
for purposes of section 251(b)(2)(E)(i)(II) of such Act; and
$9,000,000 for continued support of the Unemployment
Insurance Integrity Center of Excellence), the administration
of unemployment insurance for Federal employees and for ex-
service members as authorized under 5 U.S.C. 8501-8523, and
the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative
trade adjustment assistance under the Trade Act of 1974 and
under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade
Preferences Extension Act of 2015, and shall be available for
obligation by the States
[[Page H10389]]
through December 31, 2020, except that funds used for
automation shall be available for Federal obligation through
December 31, 2020, and for State obligation through September
30, 2022, or, if the automation is being carried out through
consortia of States, for State obligation through September
30, 2026, and for expenditure through September 30, 2027, and
funds for competitive grants awarded to States for improved
operations and to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews and provide reemployment services and
referrals to training, as appropriate, shall be available for
Federal obligation through December 31, 2020, and for
obligation by the States through September 30, 2022, and
funds for the Unemployment Insurance Integrity Center of
Excellence shall be available for obligation by the State
through September 30, 2021, and funds used for unemployment
insurance workloads experienced through September 30, 2020
shall be available for Federal obligation through December
31, 2020;
(2) $12,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $646,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2020 through June 30, 2021;
(4) $22,318,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and the
provision of technical assistance and staff training under
the Wagner-Peyser Act;
(5) $68,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $54,528,000 shall be available for the
Federal administration of such activities, and $14,282,000
shall be available for grants to States for the
administration of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2020
through June 30, 2021:
Provided, That to the extent that the Average Weekly
Insured Unemployment (``AWIU'') for fiscal year 2020 is
projected by the Department of Labor to exceed 1,706,000, an
additional $28,600,000 from the Trust Fund shall be available
for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for
the use of the National Directory of New Hires under section
453(j)(8) of such Act: Provided further, That the Secretary
may use funds appropriated for grants to States under title
III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated
in this Act which are used to establish a national one-stop
career center system, or which are used to support the
national activities of the Federal-State unemployment
insurance, employment service, or immigration programs, may
be obligated in contracts, grants, or agreements with States
and non-State entities: Provided further, That States
awarded competitive grants for improved operations under
title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State
unemployment insurance system, may award subgrants to other
States and non-State entities under such grants, subject to
the conditions applicable to the grants: Provided further,
That funds appropriated under this Act for activities
authorized under title III of the Social Security Act and the
Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles
prescribed under the final rule entitled ``Uniform
Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the
Secretary, at the request of a State participating in a
consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to
other States participating in the consortium or to the entity
operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit
the administration of the unemployment compensation law of
the State making the request: Provided further, That the
Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services
relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions
of 29 U.S.C. 9a, for the National Agricultural Workers Survey
infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall
be credited to this appropriation and shall remain available
until September 30, 2021, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to
the Unemployment Trust Fund as authorized by 5 U.S.C. 8509,
and to the ``Federal Unemployment Benefits and Allowances''
account, such sums as may be necessary, which shall be
available for obligation through September 30, 2021.
program administration
For expenses of administering employment and training
programs, $108,674,000, together with not to exceed
$49,982,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall
be made available through September 30, 2021, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2020, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2020 shall be available for
obligations for administrative expenses in excess of
$452,858,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2020, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2024, for obligations for
administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations
in excess of the amounts provided for administrative expenses
in this paragraph may be incurred and shall be available
through September 30, 2024 for obligation for unforeseen and
extraordinary pre-termination or termination expenses or
extraordinary multiemployer program related expenses after
approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That an
additional amount shall be available for obligation through
September 30, 2024 to the extent the Corporation's costs
exceed $250,000 for the provision of credit or identity
monitoring to affected individuals upon suffering a security
incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$242,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $43,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $115,424,000, together with $2,177,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by 5 U.S.C. 81;
[[Page H10390]]
continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency
Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War
Claims Act (50 U.S.C. App. 2012); obligations incurred under
the War Hazards Compensation Act (42 U.S.C. 1701 et seq.);
and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor
Workers' Compensation Act, $234,600,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the
current year, for deposit into and to assume the attributes
of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, That amounts appropriated may be
used under 5 U.S.C. 8104 by the Secretary to reimburse an
employer, who is not the employer at the time of injury, for
portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2019, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of
administration for employees of such fair share entities
through September 30, 2020: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $74,777,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $25,535,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$20,970,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2021, $14,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000,
to remain available until expended: Provided, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim such
identifying information (including Social Security account
number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (6), and (7) of the Internal Revenue
Code of 1986; and repayment of, and payment of interest on
advances, as authorized by section 9501(d)(4) of that Act. In
addition, the following amounts may be expended from the Fund
for fiscal year 2020 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): not to exceed $38,246,000
for transfer to the Office of Workers' Compensation Programs,
``Salaries and Expenses''; not to exceed $32,844,000 for
transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $330,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $581,787,000, including not to exceed
$108,575,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety
and health training and education: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2020, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That
none of the funds appropriated under this paragraph shall be
obligated or expended to prescribe, issue, administer, or
enforce any standard, rule, regulation, or order under the
Act which is applicable to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs 10 or fewer employees: Provided further,
That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard,
rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(``DART'') occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $11,537,000 shall
be available for Susan Harwood training grants, of which not
less than $4,500,000 is for Susan Harwood Training Capacity
Building Developmental grants, as described in Funding
Opportunity Number SHTG-FY-16-02 (referenced in the notice of
availability of funds published in the Federal Register on
May 3, 2016 (81 Fed. Reg. 30568)) for program activities
starting not later than September 30, 2020 and lasting for a
period of 12 months: Provided further, That not less than
$3,500,000 shall be for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $379,816,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not
to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the
sale of training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds
and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as
officers in local chapters or in the national organization:
Provided further, That
[[Page H10391]]
any funds available to the Department of Labor may be used,
with the approval of the Secretary, to provide for the costs
of mine rescue and survival operations in the event of a
major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$587,000,000, together with not to exceed $68,000,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
Within this amount, $27,000,000 to remain available until
September 30, 2024, for costs associated with the physical
move of the Bureau of Labor Statistics' headquarters,
including replication of space, furniture, fixtures,
equipment, and related costs, as well as relocation of the
data center to a shared facility.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$348,056,000, together with not to exceed $308,000, which may
be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That
$67,325,000 for the Bureau of International Labor Affairs
shall be available for obligation through December 31, 2020:
Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or
operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other
arrangements: Provided further, That not more than
$53,825,000 shall be for programs to combat exploitative
child labor internationally and not less than $13,500,000
shall be used to implement model programs that address worker
rights issues through technical assistance in countries with
which the United States has free trade agreements or trade
preference programs: Provided further, That $8,040,000 shall
be used for program evaluation and shall be available for
obligation through September 30, 2021: Provided further,
That funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided
further, That grants made for the purpose of evaluation shall
be awarded through fair and open competition: Provided
further, That funds available for program evaluation may be
transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer: Provided further, That the funds available to
the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce: Provided
further, That of the amounts made available to the Women's
Bureau, not less than $1,294,000 shall be used for grants
authorized by the Women in Apprenticeship and Nontraditional
Occupations Act.
veterans employment and training
Not to exceed $256,341,000 may be derived from the
Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of
chapters 41, 42, and 43 of title 38, United States Code, of
which:
(1) $180,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such
title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described
in section 4102A(b)(5)(C), which shall be available for
obligation by the States through December 31, 2020, and not
to exceed 3 percent for the necessary Federal expenditures
for data systems and contract support to allow for the
tracking of participant and performance information:
Provided, That, in addition, such funds may be used to
support such specialists and representatives in the provision
of services to transitioning members of the Armed Forces who
have participated in the Transition Assistance Program and
have been identified as in need of intensive services, to
members of the Armed Forces who are wounded, ill, or injured
and receiving treatment in military treatment facilities or
warrior transition units, and to the spouses or other family
caregivers of such wounded, ill, or injured members;
(2) $29,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $43,548,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That, up to
$500,000 may be used to carry out the Hire VETS Act (division
O of Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4)
above an amount not to exceed 3 percent of the appropriation
from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$55,000,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2020, to provide services under such section: Provided
further, That services provided under sections 2021 or under
2021A may include, in addition to services to homeless
veterans described in section 2002(a)(1), services to
veterans who were homeless at some point within the 60 days
prior to program entry or veterans who are at risk of
homelessness within the next 60 days, and that services
provided under section 2023 may include, in addition to
services to the individuals described in subsection (e) of
such section, services to veterans recently released from
incarceration who are at risk of homelessness: Provided
further, That notwithstanding paragraph (3) under this
heading, funds appropriated in this paragraph may be used for
data systems and contract support to allow for the tracking
of participant and performance information: Provided
further, That notwithstanding sections 2021(e)(2) and
2021A(f)(2) of title 38, United States Code, such funds shall
be available for expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the
HIRE Vets Medallion Award Fund pursuant to section 5(b) of
the HIRE Vets Act, and such amounts shall be available to the
Secretary to carry out the HIRE Vets Medallion Award Program,
as authorized by such Act, and shall remain available until
expended: Provided, That such sums shall be in addition to
any other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100
note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $25,269,000, which shall
be available through September 30, 2021.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $85,187,000, together with not to exceed
$5,660,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by
forced or indentured child labor in industries and host
countries already identified by the United States Department
of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section,
none of the funds made available to the Department of Labor
for grants under section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school
within a local educational agency in the occupations and
industries for which employers are using H-1B visas to hire
foreign workers, and the related activities necessary to
support such training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-
[[Page H10392]]
133. Where States are recipients of such funds, States may
establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative
cost-of-living in the State, the compensation levels for
comparable State or local government employees, and the size
of the organizations that administer Federal programs
involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary
may transfer funds made available to the Employment and
Training Administration by this Act, either directly or
through a set-aside, for technical assistance services to
grantees to ``Program Administration'' when it is determined
that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration
by this Act to ``Program Administration'' in order to carry
out program integrity activities relating to any of the
programs or activities that are funded under any such
discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may
transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account
to paragraph (3) of such account to carry out program
integrity activities related to the Job Corps program:
Provided further, That funds transferred under the authority
provided by this subsection shall be available for obligation
through September 30, 2021.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
evaluations of any of the programs or activities that are
funded under such accounts. Any funds reserved under this
section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within
the Department of Labor, and shall be available for
obligation through September 30, 2021: Provided, That such
funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days
in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office
of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health
Administration'', ``Office of Disability Employment Policy'',
funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental
Management, Salaries and Expenses'' account, and ``Veterans
Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following
text is part of such section:
``(s)(1) The provisions of this section shall not apply for
a period of 2 years after the occurrence of a major disaster
to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not
engaged, directly or through an affiliate, in underwriting,
selling, or marketing property, casualty, or liability
insurance policies or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster'
means an individual who timely secured or secures a license
required by applicable law to engage in and perform the
activities described in clauses (i) through (v) of paragraph
(1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance
coverage or protection for its employees, if required by
applicable law, and withholds applicable Federal, State, and
local income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one
or more companies, directly or indirectly, controls, is
controlled by, or is under common control with, another
company.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of
H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the
nonimmigrants without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2 separate
Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the
United States during the 120-day period specified in
paragraph (1) to be staggering the date of need in violation
of section 655.20(d) of title 20, Code of Federal
Regulations, or any other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees
with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for
the occupational classification of the position in the
geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time
of filing the petition. In the determination of prevailing
wage for the purposes of the H-2B program, the Secretary
shall accept private wage surveys even in instances where
Occupational Employment Statistics survey data are available
unless the Secretary determines that the methodology and data
in the provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in
20 CFR 655.5 or the three-fourths guarantee rule definition
found in 20 CFR 655.20, or any references thereto. Further,
for the purpose of regulating admission of temporary workers
under the H-2B program, the definition of temporary need
shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property, at a value determined by the Secretary, to
apprenticeship programs for the purpose of training
apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is
part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate
family of the Secretary who is participating in an activity
or event relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members
[[Page H10393]]
of the immediate family of the Secretary if there is a unique
and articulable threat of physical harm, in accordance with
guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement
officer or special agent employed under subsection (a) shall
exercise any authority provided under this section in
accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 114. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center is situated. Any sale or
other disposition will not be subject to any requirement of
any Federal law or regulation relating to the disposition of
Federal real property, including but not limited to
subchapter III of chapter 5 of title 40 of the United States
Code and subchapter V of chapter 119 of title 42 of the
United States Code. The net proceeds of such a sale shall be
transferred to the Secretary, which shall be available until
expended to carry out the Job Corps Program on Treasure
Island.
(rescission)
Sec. 115. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $150,000,000 are hereby rescinded.
Sec. 116. Funds made available in prior Acts under the
heading ``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and Employment
Service Operations'' for fiscal years 2015 through 2019 for
automation acquisitions that are being carried out through
consortia of States shall be available for expenditure for 6
fiscal years after the final fiscal year that such funds are
available to incur new obligations.
Sec. 117. None of the funds made available by this Act may
be used to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of
the health and safety of the students, the capacity of the
program is retained, and the requirements of section 159(j)
of the Workforce Innovation and Opportunity Act are met.
This title may be cited as the ``Department of Labor
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,626,522,000: Provided, That no more
than $1,000,000 shall be available until expended for
carrying out the provisions of section 224(o) of the PHS Act:
Provided further, That no more than $120,000,000 shall be
available until expended for carrying out subsections (g)
through (n) and (q) of section 224 of the PHS Act, and for
expenses incurred by the Department of Health and Human
Services (referred to in this Act as ``HHS'') pertaining to
administrative claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,194,506,000, of which
$138,916,000 shall remain available through September 30,
2021 to carry out sections 750, 755, 756, 760, 781, and 791
of the PHS Act: Provided, That sections 751(j)(2) and 762(k)
of the PHS Act and the proportional funding amounts in
paragraphs (1) through (4) of section 756(f) of the PHS Act
shall not apply to funds made available under this heading:
Provided further, That for any program operating under
section 751 of the PHS Act on or before January 1, 2009, the
Secretary of Health and Human Services (referred to in this
title as the ``Secretary'') may hereafter waive any of the
requirements contained in sections 751(d)(2)(A) and
751(d)(2)(B) of such Act for the full project period of a
grant under such section: Provided further, That no funds
shall be available for section 340G-1 of the PHS Act:
Provided further, That fees collected for the disclosure of
information under section 427(b) of the Health Care Quality
Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of
the Social Security Act shall be sufficient to recover the
full costs of operating the programs authorized by such
sections and shall remain available until expended for the
National Practitioner Data Bank: Provided further, That
funds transferred to this account to carry out section 846
and subpart 3 of part D of title III of the PHS Act may be
used to make prior year adjustments to awards made under such
section and subpart: Provided further, That $120,000,000
shall remain available until expended for the purposes of
providing primary health services, assigning National Health
Service Corps (``NHSC'') members to expand the delivery of
substance use disorder treatment services, notwithstanding
the assignment priorities and limitations under sections
333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act,
and making payments under the NHSC Loan Repayment Program
under section 338B of such Act: Provided further, That,
within the amount made available in the previous proviso,
$15,000,000 shall remain available until expended for the
purposes of making payments under the NHSC Loan Repayment
Program under section 338B of the PHS Act to individuals
participating in such program who provide primary health
services in Indian Health Service facilities, Tribally-
Operated 638 Health Programs, and Urban Indian Health
Programs (as those terms are defined by the Secretary),
notwithstanding the assignment priorities and limitations
under section 333(b) of such Act: Provided further, That for
purposes of the previous two provisos, section 331(a)(3)(D)
of the PHS Act shall be applied as if the term ``primary
health services'' includes clinical substance use disorder
treatment services, including those provided by masters
level, licensed substance use disorder treatment counselors:
Provided further, That of the funds made available under this
heading, $5,000,000 shall be available to make grants to
establish or expand optional community-based nurse
practitioner fellowship programs that are accredited or in
the accreditation process, with a preference for those in
Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or
behavioral health.
Of the funds made available under this heading, $50,000,000
shall remain available until expended for grants to public
institutions of higher education to expand or support
graduate education for physicians provided by such
institutions: Provided, That, in awarding such grants, the
Secretary shall give priority to public institutions of
higher education located in States with a projected primary
care provider shortage in 2025, as determined by the
Secretary: Provided further, That grants so awarded are
limited to such public institutions of higher education in
States in the top quintile of States with a projected primary
care provider shortage in 2025, as determined by the
Secretary: Provided further, That the minimum amount of a
grant so awarded to such an institution shall be not less
than $1,000,000 per year: Provided further, That such a
grant may be awarded for a period not to exceed 5 years:
Provided further, That such a grant awarded with respect to a
year to such an institution shall be subject to a matching
requirement of non-Federal funds in an amount that is not
less than 10 percent of the total amount of Federal funds
provided in the grant to such institution with respect to
such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health and title V of
the Social Security Act, $943,784,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $119,116,000 shall be
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such
Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,388,781,000, of which
$1,970,881,000 shall remain available to the Secretary
through September 30, 2022, for parts A and B of title XXVI
of the PHS Act, and of which not less than $900,313,000 shall
be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$70,000,000, to remain available until expended, shall be
available to the Secretary for carrying out a program of
grants and contracts under title XXVI or section 311(c) of
such Act focused on ending the nationwide HIV/AIDS epidemic,
with any grants issued under such section 311(c) administered
in conjunction with title XXVI of the PHS Act, including the
limitation on administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $123,593,000, of which
[[Page H10394]]
$122,000 shall be available until expended for facilities
renovations at the Gillis W. Long Hansen's Disease Center.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $318,294,000, of which
$53,609,000 from general revenues, notwithstanding section
1820(j) of the Social Security Act, shall be available for
carrying out the Medicare rural hospital flexibility grants
program: Provided, That of the funds made available under
this heading for Medicare rural hospital flexibility grants,
$19,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and
adoption of health information technology and up to
$1,000,000 shall be to carry out section 1820(g)(6) of the
Social Security Act, with funds provided for grants under
section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to
coordinate rural veterans care between rural providers and
the Department of Veterans Affairs electronic health record
system: Provided further, That notwithstanding section
338J(k) of the PHS Act, $12,500,000 shall be available for
State Offices of Rural Health: Provided further, That
$10,000,000 shall remain available through September 30,
2022, to support the Rural Residency Development Program:
Provided further, That $110,000,000 shall be for the Rural
Communities Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$286,479,000: Provided, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office.
program management
For program support in the Health Resources and Services
Administration, $155,300,000: Provided, That funds made
available under this heading may be used to supplement
program support funding provided under the headings ``Primary
Health Care'', ``Health Workforce'', ``Maternal and Child
Health'', ``Ryan White HIV/AIDS Program'', ``Health Care
Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be
necessary for claims associated with vaccine-related injury
or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of
the PHS Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$10,200,000 shall be available from the Trust Fund to the
Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $433,105,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,273,556,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $570,372,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of
the PHS Act with respect to chronic disease prevention and
health promotion, $984,964,000: Provided, That funds made
available under this heading may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations: Provided further,
That of the funds made available under this heading,
$15,000,000 shall be available to continue and expand
community specific extension and outreach programs to combat
obesity in counties with the highest levels of obesity:
Provided further, That the proportional funding requirements
under section 1503(a) of the PHS Act shall not apply to funds
made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS
Act with respect to birth defects, developmental
disabilities, disabilities and health, $160,810,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act
with respect to health statistics, surveillance, health
informatics, and workforce development, $555,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $196,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $677,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $342,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended: Provided, That this
amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act
with respect to global health, $570,843,000, of which: (1)
$128,421,000 shall remain available through September 30,
2021 for international HIV/AIDS; and (2) $173,400,000 shall
remain available through September 30, 2022 for global
disease detection and emergency response: Provided, That
funds may be used for purchase and insurance of official
motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act
with respect to public health preparedness and response, and
for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $850,200,000:
Provided, That the Director of the Centers for Disease
Control and Prevention (referred to in this title as ``CDC'')
or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement for
up to 180 days to support an activation of the CDC Emergency
Operations Center, so long as the Director or Administrator,
as applicable, provides a notice to the Committees on
Appropriations of the House of Representatives and the Senate
within 15 days of the use of this authority and a full report
within 30 days after use of this authority which includes the
number of staff and funding level broken down by the
originating center and number of days detailed: Provided
further, That funds appropriated under this heading may be
used to support a contract for the operation and maintenance
of an aircraft in direct support of activities throughout CDC
to ensure the agency is prepared to address public health
preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities,
$25,000,000, which shall remain available until September 30,
2024: Provided, That funds made available to this account in
this or any prior Act that are available for the acquisition
of real property or for construction or improvement of
facilities shall be available to make improvements on non-
federally owned property, provided that any improvements that
are not adjacent to federally owned property do not exceed
$2,500,000, and that the primary benefit of such improvements
accrues to CDC: Provided further, That funds previously set-
aside by CDC for repair and upgrade of the Lake Lynn
Experimental Mine and Laboratory shall be used to acquire a
replacement mine safety research facility: Provided further,
That in addition, the prior year unobligated balance of any
amounts assigned to former employees in accounts of CDC made
available for Individual Learning Accounts shall be credited
to and merged with the amounts made available under this
heading to support the replacement of the mine safety
research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $198,570,000, of which up to $5,000,000 may be
transferred to the reserve of the Working Capital Fund
authorized under this heading in division F of Public Law
112-74: Provided, That paragraphs (1) through (3) of
subsection (b) of section 2821 of the PHS Act shall not apply
to funds appropriated under this heading and in all other
accounts of the CDC: Provided further, That employees of CDC
or the Public Health Service, both civilian and commissioned
officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act,
or in overseas assignments, shall be treated as non-Federal
employees for reporting purposes only and shall not be
included within any personnel
[[Page H10395]]
ceiling applicable to the Agency, Service, or HHS during the
period of detail or assignment: Provided further, That CDC
may use up to $10,000 from amounts appropriated to CDC in
this Act for official reception and representation expenses
when specifically approved by the Director of CDC: Provided
further, That in addition, such sums as may be derived from
authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided
further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program and
the Respirator Certification Program shall be available
through September 30, 2021.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $6,245,442,000, of which up to
$30,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute--Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,624,258,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases,
$477,429,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$2,114,314,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$2,374,687,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$5,885,470,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,937,218,000, of
which $1,230,821,000 shall be from funds available under
section 241 of the PHS Act: Provided, That not less than
$386,573,000 is provided for the Institutional Development
Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,556,879,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$824,090,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $802,598,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $3,543,673,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $624,889,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$490,692,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $169,113,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $545,373,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,462,016,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,968,374,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $606,349,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering
research, $403,638,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$151,740,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $335,812,000: Provided, That funds may be used to
implement a reorganization that is presented to an advisory
council in a public meeting and for which the Committees on
Appropriations of the House of Representatives and the Senate
have been notified 30 days in advance.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the PHS Act), $80,760,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$456,911,000: Provided, That of the amounts available for
improvement of information systems, $4,000,000 shall be
available until September 30, 2021: Provided further, That
in fiscal year 2020, the National Library of Medicine may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $832,888,000:
Provided, That up to $60,000,000 shall be available to
implement section 480 of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That at least
$578,141,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,239,787,000: Provided, That funding shall
be available for the purchase of not to exceed 29 passenger
motor vehicles for replacement only: Provided further, That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $180,000,000
shall be for the Environmental Influences on Child Health
Outcomes study: Provided further, That $626,511,000 shall be
available for the Common Fund established under section
402A(c)(1) of the PHS Act: Provided further, That of the
funds provided, $10,000 shall be for official reception and
representation expenses when specifically approved by the
Director of the NIH: Provided further, That the Office of
AIDS Research within the Office of the Director of the NIH
may spend up to $8,000,000 to make grants for construction or
renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act: Provided further, That
$50,000,000 shall be used to carry out section 404I of the
PHS Act (42 U.S.C. 283K), relating to biomedical and
behavioral research facilities: Provided further, That
$5,000,000 shall be transferred to and merged with the
appropriation for the ``Office of Inspector General'' for
oversight of grant programs and operations of the NIH,
including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be
in addition to funds otherwise made available for oversight
of the NIH: Provided further, That the funds provided in the
previous proviso may be transferred from one specified
activity to another with 15 days prior approval of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That the Inspector General
shall consult with the Committees on Appropriations of the
House of Representatives and the Senate before submitting to
the Committees an audit plan for fiscal years 2020 and 2021
no later than 30 days after the date of enactment of this
Act: Provided further, That amounts available under this
heading are also available to establish, operate, and support
the Research Policy Board authorized by section 2034(f) of
the 21st Century Cures Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title
26, United States Code, for the purpose of carrying out
section 402(b)(7)(B)(ii) of the PHS Act (relating to
pediatric research), as authorized in the Gabriella Miller
Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of,
renovation of, and acquisition of equipment for, facilities
of or used by NIH, including the acquisition of real
property, $200,000,000, to remain available through September
30, 2024.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes in the
appropriations provided to the NIH in this Act, $492,000,000,
to remain available until expended: Provided, That such
amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under
section 1001(b)(2)(A) of such Act, and may be transferred by
the Director of the National Institutes of Health to other
accounts of the National Institutes of Health solely for the
purposes provided in such Act: Provided further, That upon a
determination by the Director that funds
[[Page H10396]]
transferred pursuant to the previous proviso are not
necessary for the purposes provided, such amounts may be
transferred back to the Account: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,644,974,000:
Provided, That of the funds made available under this
heading, $68,887,000 shall be for the National Child
Traumatic Stress Initiative: Provided further, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds
appropriated for carrying out section 520A shall be available
for carrying out section 1971 of the PHS Act: Provided
further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS
Act to carry out subpart I of part B of title XIX of the PHS
Act to fund section 1920(b) technical assistance, national
data, data collection and evaluation activities, and further
that the total available under this Act for section 1920(b)
activities shall not exceed 5 percent of the amounts
appropriated for subpart I of part B of title XIX: Provided
further, That up to 10 percent of the amounts made available
to carry out the Children's Mental Health Services program
may be used to carry out demonstration grants or contracts
for early interventions with persons not more than 25 years
of age at clinical high risk of developing a first episode of
psychosis: Provided further, That section 520E(b)(2) of the
PHS Act shall not apply to funds appropriated in this Act for
fiscal year 2020: Provided further, That States shall expend
at least 10 percent of the amount each receives for carrying
out section 1911 of the PHS Act to support evidence-based
programs that address the needs of individuals with early
serious mental illness, including psychotic disorders,
regardless of the age of the individual at onset: Provided
further, That $200,000,000 shall be available until September
30, 2022 for grants to communities and community
organizations who meet criteria for Certified Community
Behavioral Health Clinics pursuant to section 223(a) of
Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act: Provided further, That of the funds
made available under this heading, $19,000,000 shall be to
carry out section 224 of the Protecting Access to Medicare
Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with
respect to substance abuse treatment and title XIX of such
Act with respect to substance abuse treatment and prevention,
and the SUPPORT for Patients and Communities Act,
$3,756,556,000: Provided, That $1,500,000,000 shall be for
State Opioid Response Grants for carrying out activities
pertaining to opioids and stimulants undertaken by the State
agency responsible for administering the substance abuse
prevention and treatment block grant under subpart II of part
B of title XIX of the PHS Act (42 U.S.C. 300x-21 et seq.):
Provided further, That of such amount $50,000,000 shall be
made available to Indian Tribes or tribal organizations:
Provided further, That 15 percent of the remaining amount
shall be for the States with the highest mortality rate
related to opioid use disorders: Provided further, That of
the amounts provided for State Opioid Response Grants not
more than 2 percent shall be available for Federal
administrative expenses, training, technical assistance, and
evaluation: Provided further, That of the amount not
reserved by the previous three provisos, the Secretary shall
make allocations to States, territories, and the District of
Columbia according to a formula using national survey results
that the Secretary determines are the most objective and
reliable measure of drug use and drug-related deaths:
Provided further, That the Secretary shall submit the formula
methodology to the Committees on Appropriations of the House
of Representatives and the Senate not less than 15 days prior
to publishing a Funding Opportunity Announcement: Provided
further, That prevention and treatment activities funded
through such grants may include education, treatment
(including the provision of medication), behavioral health
services for individuals in treatment programs, referral to
treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each
State, as well as the District of Columbia, shall receive not
less than $4,000,000: Provided further, That in addition to
amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000
to carry out subpart II of part B of title XIX of the PHS Act
to fund section 1935(b) technical assistance, national data,
data collection and evaluation activities, and further that
the total available under this Act for section 1935(b)
activities shall not exceed 5 percent of the amounts
appropriated for subpart II of part B of title XIX; and (2)
$2,000,000 to evaluate substance abuse treatment programs:
Provided further, That none of the funds provided for section
1921 of the PHS Act or State Opioid Response Grants shall be
subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $206,469,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance
Abuse Prevention'' in carrying out titles III, V, and XIX of
the PHS Act and the Protection and Advocacy for Individuals
with Mental Illness Act in the Substance Abuse and Mental
Health Services Administration, $128,830,000: Provided, That
in addition to amounts provided herein, $31,428,000 shall be
available under section 241 of the PHS Act to supplement
funds available to carry out national surveys on drug abuse
and mental health, to collect and analyze program data, and
to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be
collected for the costs of publications, data, data
tabulations, and data analysis completed under title V of the
PHS Act and provided to a public or private entity upon
request, which shall be credited to this appropriation and
shall remain available until expended for such purposes:
Provided further, That amounts made available in this Act for
carrying out section 501(o) of the PHS Act shall remain
available through September 30, 2021: Provided further, That
funds made available under this heading may be used to
supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of
the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, $338,000,000: Provided, That
section 947(c) of the PHS Act shall not apply in fiscal year
2020: Provided further, That in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available
until September 30, 2021.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $273,188,478,000, to
remain available until expended.
For making, after May 31, 2020, payments to States under
title XIX or in the case of section 1928 on behalf of States
under title XIX of the Social Security Act for the last
quarter of fiscal year 2020 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2021,
$139,903,075,000, to remain available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quarter
and approved in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $410,796,100,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the
Social Security Act that were not anticipated in budget
estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed
$3,669,744,000, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 1893(h) of the Social Security
Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall be credited to this
account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the PHS Act
shall be credited to and available for carrying out the
purposes of this appropriation: Provided further, That the
Secretary is directed to collect fees in fiscal year 2020
from Medicare Advantage organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of
[[Page H10397]]
that Act: Provided further, That amounts available under
this heading to support quality improvement organizations (as
defined in section 1152 of the Social Security Act) shall not
exceed the amount specifically provided for such purpose
under this heading in division H of the Consolidated
Appropriations Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $786,000,000, to remain
available through September 30, 2021, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$610,000,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $93,000,000
shall be for the Department of Health and Human Services
Office of Inspector General to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act, and
of which $83,000,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required
by section 1817(k)(5) of the Social Security Act for fiscal
year 2020 shall include measures of the operational
efficiency and impact on fraud, waste, and abuse in the
Medicare, Medicaid, and CHIP programs for the funds provided
by this appropriation: Provided further, That of the amount
provided under this heading, $311,000,000 is provided to meet
the terms of section 251(b)(2)(C)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, and
$475,000,000 is additional new budget authority specified for
purposes of section 251(b)(2)(C) of such Act: Provided
further, That the Secretary shall provide not less than
$18,000,000 for the Senior Medicare Patrol program to combat
health care fraud and abuse from the funds provided to this
account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $2,890,000,000, to remain available
until expended; and for such purposes for the first quarter
of fiscal year 2021, $1,400,000,000, to remain available
until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960,
for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.), $3,740,304,000: Provided,
That notwithstanding section 2609A(a) of such Act, not more
than $2,988,000 may be reserved by the Secretary of Health
and Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal
controls, policies and procedures and the Secretary may, in
addition to the authorities provided in section 2609A(a)(1),
use such funds through contracts with private entities that
do not qualify as nonprofit organizations: Provided further,
That all but $753,000,000 of the amount appropriated under
this heading shall be allocated as though the total
appropriation for such payments for fiscal year 2020 was less
than $1,975,000,000: Provided further, That, after applying
all applicable provisions of section 2604 of such Act and the
previous proviso, each State or territory that would
otherwise receive an allocation that is less than 97 percent
of the amount that it received under this heading for fiscal
year 2019 from amounts appropriated in Public Law 115-245
shall have its allocation increased to that 97 percent level,
with the portions of other States' and territories'
allocations that would exceed 100 percent of the amounts they
respectively received in such fashion for fiscal year 2019
being ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$1,908,201,000, of which $1,864,446,000 shall remain
available through September 30, 2022 for carrying out such
sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out the TVPA shall also
be available for research and evaluation with respect to
activities under such Act: Provided further, That not less
than $160,000,000 shall be used for legal services, child
advocates, and post-release services: Provided further, That
the limitation in section 205 of this Act regarding transfers
increasing any appropriation shall apply to transfers to
appropriations under this heading by substituting ``15
percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $5,826,000,000 shall be used to
supplement, not supplant State general revenue funds for
child care assistance for low-income families: Provided,
That technical assistance under section 658I(a)(3) of such
Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency
agreements: Provided further, That all funds made available
to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in
such section 418 or any other provision of law, shall be
subject to the reservation of funds authority in paragraphs
(4) and (5) of section 658O(a) of the CCDBG Act: Provided
further, That in addition to the amounts required to be
reserved by the Secretary under section 658O(a)(2)(A) of such
Act, $174,780,000 shall be for Indian tribes and tribal
organizations.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-
A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of
title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services
Block Grant Act (``CSBG Act''); and for necessary
administrative expenses to carry out titles I, IV, V, X, XI,
XIV, XVI, and XX-A of the Social Security Act, the Act of
July 5, 1960, the Low-Income Home Energy Assistance Act of
1981, the Child Care and Development Block Grant Act of 1990,
the Assets for Independence Act, title IV of the Immigration
and Nationality Act, and section 501 of the Refugee Education
Assistance Act of 1980, $12,876,652,000, of which
$75,000,000, to remain available through September 30, 2021,
shall be for grants to States for adoption and legal
guardianship incentive payments, as defined by section 473A
of the Social Security Act and may be made for adoptions and
legal guardianships completed before September 30, 2020:
Provided, That $10,613,095,000 shall be for making payments
under the Head Start Act, including for Early Head Start-
Child Care Partnerships, and, of which, notwithstanding
section 640 of such Act:
(1) $193,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the
authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of
such Act, and such funds shall not be included in the
calculation of ``base grant'' in subsequent fiscal years, as
such term is used in section 640(a)(7)(A) of such Act;
(3) $100,000,000, in addition to funds otherwise available
under such section 640 for such purposes, shall be available
through March 31, 2021 for new grants to entities defined as
eligible under section 645A(d) of such Act for Early Head
Start programs as described in section 645A of such Act,
conversion of Head Start services to Early Head Start
services as described in section 645(a)(5)(A) of such Act,
and high quality infant and toddler care through Early Head
Start-Child Care Partnerships, and for training and technical
assistance for such activities;
(4) $250,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in
such section (5);
(5) $4,000,000 shall be available for the purposes of re-
establishing the Tribal Colleges and Universities Head Start
Partnership Program consistent with section 648(g) of such
Act; and
(6) $19,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the
reservation of funds under section 640(a)(2)(C) of such Act
in lieu of reducing the reservation of funds under sections
640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:
Provided further, That $275,000,000 shall be available until
December 31, 2020 for carrying out sections 9212 and 9213 of
the Every Student Succeeds Act: Provided further, That up to
3 percent of the funds in the preceding proviso shall be
available for technical assistance and evaluation related to
grants awarded under such section 9212: Provided further,
That $770,383,000 shall be for making payments under the CSBG
Act: Provided further, That $30,383,000 shall be for section
680 of the CSBG Act, of which not less
[[Page H10398]]
than $20,383,000 shall be for section 680(a)(2) and not less
than $10,000,000 shall be for section 680(a)(3)(B) of such
Act: Provided further, That, notwithstanding section
675C(a)(3) of such Act, to the extent Community Services
Block Grant funds are distributed as grant funds by a State
to an eligible entity as provided under such Act, and have
not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible assets and
program income that permit such assets acquired with, and
program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of
such grantees after a period of not more than 12 years after
the end of the grant period for any activity consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments
and other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available
after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be
available for financing construction and rehabilitation and
loans or investments in private business enterprises owned by
community development corporations: Provided further, That
$175,000,000 shall be for carrying out section 303(a) of the
Family Violence Prevention and Services Act, of which
$7,000,000 shall be allocated notwithstanding section
303(a)(2) of such Act for carrying out section 309 of such
Act: Provided further, That the percentages specified in
section 112(a)(2) of the Child Abuse Prevention and Treatment
Act shall not apply to funds appropriated under this heading:
Provided further, That $1,864,000 shall be for a human
services case management system for federally declared
disasters, to include a comprehensive national case
management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a
study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying
out, except as otherwise provided, section 437 of such Act,
$92,515,000: Provided, That of the funds available to carry
out section 437, $59,765,000 shall be allocated consistent
with subsections (b) through (d) of such section: Provided
further, That of the funds available to carry out section
437, to assist in meeting the requirements described in
section 471(e)(4)(C), $20,000,000 shall be for grants to each
State, territory, and Indian tribe operating title IV-E plans
for developing, enhancing, or evaluating kinship navigator
programs, as described in section 427(a)(1) of such Act,
$10,000,000, in addition to funds otherwise appropriated in
section 436 for such purposes, shall be for competitive
grants to regional partnerships as described in section
437(f), and $2,750,000, in addition to funds otherwise
appropriated in section 476 for such purposes, for the Family
First Clearinghouse: Provided further, That section
437(b)(1) shall be applied to amounts in the previous proviso
by substituting ``5 percent'' for ``3.3 percent'', and
notwithstanding section 436(b)(1), such reserved amounts may
be used for identifying, establishing, and disseminating
practices to meet the criteria specified in section
471(e)(4)(C): Provided further, That the reservation in
section 437(b)(2) and the limitations in section 437(d) shall
not apply to funds specified in the second proviso: Provided
further, That the minimum grant award for kinship navigator
programs in the case of States and territories shall be
$200,000, and, in the case of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, $5,744,000,000.
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, for the first quarter of fiscal
year 2021, $3,000,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), the RAISE Family
Caregivers Act, the Supporting Grandparents Raising
Grandchildren Act, titles III and XXIX of the PHS Act,
sections 1252 and 1253 of the PHS Act, section 119 of the
Medicare Improvements for Patients and Providers Act of 2008,
title XX-B of the Social Security Act, the Developmental
Disabilities Assistance and Bill of Rights Act, parts 2 and 5
of subtitle D of title II of the Help America Vote Act of
2002, the Assistive Technology Act of 1998, titles II and VII
(and section 14 with respect to such titles) of the
Rehabilitation Act of 1973, and for Department-wide
coordination of policy and program activities that assist
individuals with disabilities, $2,171,000,000, together with
$52,115,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts
appropriated under this heading may be used for grants to
States under section 361 of the OAA only for disease
prevention and health promotion programs and activities which
have been demonstrated through rigorous evaluation to be
evidence-based and effective: Provided further, That of
amounts made available under this heading to carry out
sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and
implementing evidence-based practices for enhancing senior
nutrition, including medically-tailored meals: Provided
further, That notwithstanding any other provision of this
Act, funds made available under this heading to carry out
section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided
further, That $2,000,000 shall be for competitive grants to
support alternative financing programs that provide for the
purchase of assistive technology devices, such as a low-
interest loan fund; an interest buy-down program; a revolving
loan fund; a loan guarantee; or an insurance program:
Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the
alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State
agencies and community-based disability organizations that
are directed by and operated for individuals with
disabilities shall be eligible to compete: Provided further,
That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of
the Protection and Advocacy for Individuals with Mental
Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an
individual or group of individuals with a developmental
disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights
Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of
State operated intermediate care facilities for people with
intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority
by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action,
within 90 days of instituting such legal action, which
informs such individuals (or such legal guardians) of their
legal rights and how to exercise such rights consistent with
current Federal Rules of Civil Procedure: Provided further,
That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the
proviso apply in the case of individuals who are a ward of
the State or subject to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger
motor vehicles, and for carrying out titles III, XVII, XXI,
and section 229 of the PHS Act, the United States-Mexico
Border Health Commission Act, and research studies under
section 1110 of the Social Security Act, $479,629,000,
together with $64,828,000 from the amounts available under
section 241 of the PHS Act to carry out national health or
human services research and evaluation activities: Provided,
That of this amount, $53,900,000 shall be for minority AIDS
prevention and treatment activities: Provided further, That
of the funds made available under this heading, $101,000,000
shall be for making competitive contracts and grants to
public and private entities to fund medically accurate and
age appropriate programs that reduce teen pregnancy and for
the Federal costs associated with administering and
evaluating such contracts and grants, of which not more than
10 percent of the available funds shall be for training and
technical assistance, evaluation, outreach, and additional
program support activities, and of the remaining amount 75
percent shall be for replicating programs that have been
proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS
Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds
made available under this heading, $35,000,000 shall be for
making competitive grants which exclusively implement
education in sexual risk avoidance (defined as voluntarily
refraining from non-marital sexual activity): Provided
further,
[[Page H10399]]
That funding for such competitive grants for sexual risk
avoidance shall use medically accurate information referenced
to peer-reviewed publications by educational, scientific,
governmental, or health organizations; implement an evidence-
based approach integrating research findings with practical
implementation that aligns with the needs and desired
outcomes for the intended audience; and teach the benefits
associated with self-regulation, success sequencing for
poverty prevention, healthy relationships, goal setting, and
resisting sexual coercion, dating violence, and other youth
risk behaviors such as underage drinking or illicit drug use
without normalizing teen sexual activity: Provided further,
That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be
available for technical assistance and administrative costs
of such programs: Provided further, That funds provided in
this Act for embryo adoption activities may be used to
provide to individuals adopting embryos, through grants and
other mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4):
Provided further, That of the funds made available under
this heading, $5,000,000 shall be for carrying out prize
competitions sponsored by the Office of the Secretary to
accelerate innovation in the prevention, diagnosis, and
treatment of kidney diseases (as authorized by section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in
the Office of the Secretary, $191,881,000 shall remain
available until September 30, 2021, to be transferred in
appropriate part from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $80,000,000: Provided, That
of such amount, necessary sums shall be available for
providing protective services to the Secretary and
investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $1,037,458,000, of
which $561,700,000 shall remain available through September
30, 2021, for expenses necessary to support advanced research
and development pursuant to section 319L of the PHS Act and
other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds
provided under this heading for the purpose of acquisition of
security countermeasures shall be in addition to any other
funds available for such purpose: Provided further, That
products purchased with funds provided under this heading
may, at the discretion of the Secretary, be deposited in the
Strategic National Stockpile pursuant to section 319F-2 of
the PHS Act: Provided further, That $5,000,000 of the
amounts made available to support emergency operations shall
remain available through September 30, 2022.
For expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act), $735,000,000, to remain available until expended.
For expenses necessary to carry out section 319F-2(a) of
the PHS Act, $705,000,000, to remain available until
expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $260,000,000; of
which $225,000,000 shall be available until expended, for
activities including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and
other surveillance tools: Provided, That notwithstanding
section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other
biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such
vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II: Provided, That none of the funds
appropriated in this title shall be used to prevent the NIH
from paying up to 100 percent of the salary of an individual
at this rate.
Sec. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in HHS, prior
to the preparation and submission of a report by the
Secretary to the Committees on Appropriations of the House of
Representatives and the Senate detailing the planned uses of
such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be
used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the effective date of a
contract awarded in fiscal year 2020 under section 338B of
such Act, or at any time if the individual who has been
awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2020:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this
section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 and other applicable
statutes administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to
[[Page H10400]]
the Secretary of State as may be necessary to pay the costs
of acquisition, lease, alteration, renovation, and management
of facilities outside of the United States for the use of
HHS. The Department of State shall cooperate fully with the
Secretary to ensure that HHS has secure, safe, functional
facilities that comply with applicable regulation governing
location, setback, and other facilities requirements and
serve the purposes established by this Act. The Secretary is
authorized, in consultation with the Secretary of State,
through grant or cooperative agreement, to make available to
public or nonprofit private institutions or agencies in
participating foreign countries, funds to acquire, lease,
alter, or renovate facilities in those countries as necessary
to conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS and
other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under
chapter 9 of title I of the Foreign Service Act of 1980, and
22 U.S.C. 4081 through 4086 and subject to such regulations
prescribed by the Secretary. The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-
based comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304 of
title 5, United States Code if such personnel's official duty
station were in the District of Columbia. Leaves of absence
for personnel under this subsection shall be on the same
basis as that provided under subchapter I of chapter 63 of
title 5, United States Code, or section 903 of the Foreign
Service Act of 1980, to individuals serving in the Foreign
Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds authorized under section 402(b)(12) of the PHS Act to
enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the
Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have
received grants or contracts under sections 736, 739, or 747
of the PHS Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the
Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's
programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States
Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal
year 2021 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by
that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by
all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall
include, at a minimum, the following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received
in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the
fiscal year 2021 budget of the President submitted under
section 1105(a) of title 31, United States Code, information
that details the uses of all funds used by the Centers for
Medicare & Medicaid Services specifically for Health
Insurance Exchanges for each fiscal year since the enactment
of the ACA and the proposed uses for such funds for fiscal
year 2021. Such information shall include, for each such
fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange
Transparency'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. None of the funds made available by this Act
from the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred
from other accounts funded by this Act to the ``Centers for
Medicare & Medicaid Services--Program Management'' account,
may be used for payments under section 1342(b)(1) of Public
Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts
specified, and for the activities specified under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the
Secretary may not further transfer these amounts.
(c) Funds transferred for activities authorized under
section 2821 of the PHS Act shall be made available without
reference to section 2821(b) of such Act.
Sec. 223. Effective during the period beginning on
November 1, 2015 and ending January 1, 2022, any provision of
law that refers (including through cross-reference to another
provision of law) to the current recommendations of the
United States Preventive Services Task Force with respect to
breast cancer screening, mammography, and prevention shall be
administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and
prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue
to apply to the National Institutes of Health to the same
extent and in the same manner as such provisions were applied
in the third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made
available to the Department of Health and Human Services or
to any department or agency may be used to
[[Page H10401]]
develop or implement a modified approach to such provisions,
or to intentionally or substantially expand the fiscal effect
of the approval of such deviations from negotiated rates
beyond the proportional effect of such approvals in such
quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain
management, and addiction treatment to other Institutes and
Centers of the NIH to be used for the same purpose 15 days
after notifying the Committees on Appropriations: Provided,
That the transfer authority provided in the previous proviso
is in addition to any other transfer authority provided by
law.
Sec. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and
Senate must be notified at least 2 business days in advance
of any public release of enrollment information or the award
of such grants.
Sec. 227. In addition to the amounts otherwise available
for ``Centers for Medicare & Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $305,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used
to support any provision of Public Law 111-148 or Public Law
111-152 (or any amendment made by either such Public Law) or
to supplant any other amounts within such account.
Sec. 228. The Department of Health and Human Services
shall provide the Committees on Appropriations of the House
of Representatives and Senate a biannual report 30 days after
enactment of this Act on staffing described in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Department of Health and Human Services shall also be
available to pay travel and related expenses of such an
employee or of a member of his or her family, when such
employee is assigned to duty, in the United States or in a
U.S. territory, during a period and in a location that are
the subject of a determination of a public health emergency
under section 319 of the Public Health Service Act and such
travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands,
the Virgin Islands, American Samoa, or the Trust Territory of
the Pacific Islands.
Sec. 230. The Department of Health and Human Services may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal
Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in the care of the Office of
Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may
include early childhood developmental screenings, school
supplies, toys, clothing, and any other items intended to
promote the wellbeing of such children.
Sec. 231. (a) None of the funds provided by this or any
prior appropriations Act may be used to reverse changes in
procedures made by operational directives issued to providers
by the Office of Refugee Resettlement on December 18, 2018,
March 23, 2019, and June 10, 2019 regarding the Memorandum of
Agreement on Information Sharing executed April 13, 2018.
(b) Notwithstanding subsection (a), the Secretary may make
changes to such operational directives upon making a
determination that such changes are necessary to prevent
unaccompanied alien children from being placed in danger, and
the Secretary shall provide a written justification to
Congress and the Inspector General of the Department of
Health and Human Services in advance of implementing such
changes.
(c) Within 15 days of the Secretary's communication of the
justification, the Inspector General of the Department of
Health and Human Services shall provide an assessment, in
writing, to the Secretary and to Committees on Appropriations
of the House of Representatives and the Senate of whether
such changes to operational directives are necessary to
prevent unaccompanied children from being placed in danger.
Sec. 232. None of the funds made available in this Act
under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to
house unaccompanied alien children (as such term is defined
in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the
case that the Secretary determines that housing unaccompanied
alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency,
provided that--
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with--
(A) the same requirements as licensed placements, as listed
in Exhibit 1 of the Flores Settlement Agreement that the
Secretary determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours,
one (1) on-duty Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and clinician ratios
to children (including mental health providers) as required
in grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph (1)
if the Secretary certifies and provides a report to Congress
on the contractor's or grantee's good-faith efforts and
progress towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to
a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits
thereafter; and
(6) not later than 60 days after the date of enactment of
this Act, ORR shall brief the Committees on Appropriations of
the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any
requirement listed in paragraph (1)(A) that the Secretary has
determined are not applicable to non-State licensed
facilities.
Sec. 233. In addition to the existing Congressional
notification for formal site assessments of potential influx
facilities, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days before operationalizing an unlicensed
facility, and shall (1) specify whether the facility is hard-
sided or soft-sided, and (2) provide analysis that indicates
that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in
the custody of the Department of Homeland Security for longer
than 72 hours or that unaccompanied alien children will be
otherwise placed in danger. Within 60 days of bringing such a
facility online, and monthly thereafter, the Secretary shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a report detailing the total
number of children in care at the facility, the average
length of stay and average length of care of children at the
facility, and, for any child that has been at the facility
for more than 60 days, their length of stay and reason for
delay in release.
Sec. 234. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee
Resettlement not less than two business days in advance to
ensure that such visit would not interfere with the
operations (including child welfare and child safety
operations) of such facility.
Sec. 235. Not later than 14 days after the date of
enactment of this Act, and monthly thereafter, the Secretary
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, and make publicly
available online, a report with respect to children who were
separated from their parents or legal guardians by the
Department of Homeland Security (DHS) (regardless of whether
or not such separation was pursuant to an option selected by
the children, parents, or guardians), subsequently classified
as unaccompanied alien children, and transferred to the care
and custody of ORR during the previous month. Each report
shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported
by sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 236. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Centers for Disease Control and Prevention shall also be
available for the primary and secondary schooling of eligible
dependents of personnel stationed in a U.S. territory as
defined in section 229 of this Act at costs not in excess of
those paid for or reimbursed by the Department of Defense.
Sec. 237. Of the unobligated balances available in the
``Nonrecurring Expenses Fund''
[[Page H10402]]
established in section 223 of division G of Public Law 110-
161, $225,000,000, in addition to any funds otherwise made
available for such purpose in this or subsequent fiscal
years, shall be available for buildings and facilities at the
National Institutes of Health.
Sec. 238. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $225,000,000, shall be
available for acquisition of real property, equipment,
construction, demolition, installation, renovation of
facilities, and related infrastructure improvements for the
Centers for Disease Control and Prevention's Chamblee Campus.
Sec. 239. Of the funds provided under the heading ``CDC-
Wide Activities and Program Support'', $85,000,000, to remain
available until expended, shall be available to the Director
of the CDC for deposit in the Infectious Diseases Rapid
Response Reserve Fund established by section 231 of division
B of Public Law 115-245: Provided, That such amount may be
available for Ebola preparedness and response activities
without regard to the limitations in the third proviso in
such section 231.
(rescission)
Sec. 240. Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $350,000,000 are hereby
rescinded not later than September 30, 2020.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2020''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title
II of the Elementary and Secondary Education Act of 1965
(referred to in this Act as ``ESEA'') and section 418A of the
Higher Education Act of 1965 (referred to in this Act as
``HEA''), $16,996,790,000, of which $6,077,990,000 shall
become available on July 1, 2020, and shall remain available
through September 30, 2021, and of which $10,841,177,000
shall become available on October 1, 2020, and shall remain
available through September 30, 2021, for academic year 2020-
2021: Provided, That $6,459,401,000 shall be for basic
grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to
the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2019, to obtain annually updated
local educational agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,362,301,000
shall be for concentration grants under section 1124A of the
ESEA: Provided further, That $4,244,050,000 shall be for
targeted grants under section 1125 of the ESEA: Provided
further, That $4,244,050,000 shall be for education finance
incentive grants under section 1125A of the ESEA: Provided
further, That $219,000,000 shall be for carrying out subpart
2 of part B of title II: Provided further, That $45,623,000
shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the
ESEA, $1,486,112,000, of which $1,340,242,000 shall be for
basic support payments under section 7003(b), $48,316,000
shall be for payments for children with disabilities under
section 7003(d), $17,406,000 shall be for construction under
section 7007(a), $75,313,000 shall be for Federal property
payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance
under section 7008: Provided, That for purposes of computing
the amount of a payment for an eligible local educational
agency under section 7003(a) for school year 2019-2020,
children enrolled in a school of such agency that would
otherwise be eligible for payment under section 7003(a)(1)(B)
of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole
custody of such children, or due to the death of a military
parent or legal guardian while on active duty (so long as
such children reside on Federal property as described in
section 7003(a)(1)(B)), are no longer eligible under such
section, shall be considered as eligible students under such
section, provided such students remain in average daily
attendance at a school in the same local educational agency
they attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by part B of title I, part A of title II, subpart 1 of part A
of title IV, part B of title IV, part B of title V, and parts
B and C of title VI of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,404,967,000, of which $3,575,402,000 shall become
available on July 1, 2020, and remain available through
September 30, 2021, and of which $1,681,441,000 shall become
available on October 1, 2020, and shall remain available
through September 30, 2021, for academic year 2020-2021:
Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,249,673,000 shall be for part B of
title IV: Provided further, That $36,897,000 shall be for
part B of title VI, which may be used for construction,
renovation, and modernization of any public elementary
school, secondary school, or structure related to a public
elementary school or secondary school that serves a
predominantly Native Hawaiian student body, and that the 5
percent limitation in section 6205(b) of the ESEA on the use
of funds for administrative purposes shall apply only to
direct administrative costs: Provided further, That
$35,953,000 shall be for part C of title VI, which shall be
awarded on a competitive basis, and may be used for
construction, and that the 5 percent limitation in section
6305 of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $52,000,000 shall be available to
carry out section 203 of the Educational Technical Assistance
Act of 2002 and the Secretary shall make such arrangements as
determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this
section: Provided further, That $16,699,000 shall be
available to carry out the Supplemental Education Grants
program for the Federated States of Micronesia and the
Republic of the Marshall Islands: Provided further, That the
Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in
the implementation of these grants: Provided further, That
$185,840,000 shall be for part B of title V: Provided
further, That $1,210,000,000 shall be available for grants
under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA,
$180,739,000, of which $67,993,000 shall be for subpart 2 of
part A of title VI and $7,365,000 shall be for subpart 3 of
part A of title VI: Provided, That the 5 percent limitation
in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the
use of funds for administrative purposes shall apply only to
direct administrative costs.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and
4 of part B of title II, and parts C, D, and E and subparts 1
and 4 of part F of title IV of the ESEA, $1,103,815,000:
Provided, That $284,815,000 shall be for subparts 1, 3 and 4
of part B of title II and shall be made available without
regard to sections 2201, 2231(b) and 2241: Provided further,
That $629,000,000 shall be for parts C, D, and E and subpart
4 of part F of title IV, and shall be made available without
regard to sections 4311, 4409(a), and 4601 of the ESEA:
Provided further, That section 4303(d)(3)(A)(i) shall not
apply to the funds available for part C of title IV:
Provided further, That of the funds available for part C of
title IV, the Secretary shall use $60,000,000 to carry out
section 4304, of which not more than $10,000,000 shall be
available to carry out section 4304(k), $140,000,000, to
remain available through March 31, 2021, to carry out section
4305(b), and not more than $15,000,000 to carry out the
activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $190,000,000 shall be
available through December 31, 2020 for subpart 1 of part F
of title IV.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $210,000,000: Provided,
That $105,000,000 shall be available for section 4631, of
which up to $5,000,000, to remain available until expended,
shall be for the Project School Emergency Response to
Violence (Project SERV) program: Provided further, That
$25,000,000 shall be available for section 4625: Provided
further, That $80,000,000 shall be available through December
31, 2020, for section 4624, of which $6,000,000 shall be for
additional two-year extension awards to grantees that
received such awards in fiscal year 2018.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$787,400,000, which shall become available on July 1, 2020,
and shall remain available through September 30, 2021, except
that 6.5 percent of such amount shall be available on October
1, 2019, and shall remain available through September 30,
2021, to carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities
Education Act (IDEA) and the Special Olympics Sport and
Empowerment Act of 2004, $13,885,228,000, of which
$4,352,129,000 shall become available on July 1, 2020, and
shall remain available through September 30, 2021, and of
which $9,283,383,000 shall become available on October 1,
2020, and shall remain available through September 30, 2021,
for academic year 2020-2021: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2019, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but
not less than the amount for that activity during fiscal year
2019: Provided further, That the Secretary shall, without
regard to section 611(d) of the IDEA, distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the
States' relative populations of children aged 3 through 21
who are of the same age as children with disabilities for
whom the State ensures the availability of a free appropriate
public education under this part, and 15 percent to
[[Page H10403]]
States on the basis of the States' relative populations of
those children who are living in poverty: Provided further,
That the Secretary may not distribute any funds under the
previous proviso to any State whose reduction in allocation
from funds appropriated under this heading made funds
available for such a distribution: Provided further, That
the States shall allocate such funds distributed under the
second proviso to local educational agencies in accordance
with section 611(f): Provided further, That the amount by
which a State's allocation under section 611(d) of the IDEA
is reduced under section 612(a)(18)(B) and the amounts
distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in
calculating the awards under section 611(d) for fiscal year
2013 or for any subsequent fiscal years: Provided further,
That, notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a
period of consecutive fiscal years, not to exceed five, until
the entire reduction is applied: Provided further, That the
Secretary may, in any fiscal year in which a State's
allocation under section 611 is reduced in accordance with
section 612(a)(18)(B), reduce the amount a State may reserve
under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as
the reduction under section 612(a)(18)(B) bears to the total
allocation the State would have received in that fiscal year
under section 611(d) in the absence of the reduction:
Provided further, That the Secretary shall either reduce the
allocation of funds under section 611 for any fiscal year
following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized
by section 612(a)(18)(B), or seek to recover funds under
section 452 of the General Education Provisions Act (20
U.S.C. 1234a): Provided further, That the funds reserved
under 611(c) of the IDEA may be used to provide technical
assistance to States to improve the capacity of the States to
meet the data collection requirements of sections 616 and 618
and to administer and carry out other services and activities
to improve data collection, coordination, quality, and use
under parts B and C of the IDEA: Provided further, That the
Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1
of IDEA to evaluate program performance under such subpart:
Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and
619(f) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out
activities authorized by those sections: Provided further,
That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5
or fewer States apply for grants pursuant to section 643(e)
of such Act, the Secretary shall provide a grant to each
State in an amount equal to the maximum amount described in
section 643(e)(2)(B) of such Act: Provided further, That if
more than 5 States apply for grants pursuant to section
643(e) of the IDEA, the Secretary shall award funds to those
States on the basis of the States' relative populations of
infants and toddlers except that no such State shall receive
a grant in excess of the amount described in section
643(e)(2)(B) of such Act.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National
Center Act, $3,747,739,000, of which $3,610,040,000 shall be
for grants for vocational rehabilitation services under title
I of the Rehabilitation Act: Provided, That the Secretary
may use amounts provided in this Act that remain available
subsequent to the reallotment of funds to States pursuant to
section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals
with disabilities as defined in section 7(20)(B) of the
Rehabilitation Act, including activities aimed at improving
the education and post-school outcomes of children receiving
Supplemental Security Income (``SSI'') and their families
that may result in long-term improvement in the SSI child
recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the
funds to other public and private, nonprofit entities:
Provided further, That any funds made available subsequent to
reallotment for innovative activities aimed at improving the
outcomes of individuals with disabilities shall remain
available until September 30, 2021.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $32,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$79,500,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $137,361,000: Provided, That from
the total amount available, the University may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
(``Perkins Act'') and the Adult Education and Family Literacy
Act (``AEFLA''), $1,960,686,000, of which $1,169,686,000
shall become available on July 1, 2020, and shall remain
available through September 30, 2021, and of which
$791,000,000 shall become available on October 1, 2020, and
shall remain available through September 30, 2021: Provided,
That of the amounts made available for AEFLA, $13,712,000
shall be for national leadership activities under section
242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,520,352,000 which shall remain
available through September 30, 2021.
The maximum Pell Grant for which a student shall be
eligible during award year 2020-2021 shall be $5,285.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act,
$1,768,943,000, to remain available through September 30,
2021: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan
servicers on the basis of their past performance compared to
all loan servicers utilizing established common metrics, and
on the basis of the capacity of each servicer to process new
and existing accounts: Provided further, That for student
loan contracts awarded prior to October 1, 2017, the
Secretary shall allow student loan borrowers who are
consolidating Federal student loans to select from any
student loan servicer to service their new consolidated
student loan: Provided further, That in order to promote
accountability and high-quality service to borrowers, the
Secretary shall not award funding for any contract
solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal
Student Aid (FSA) Next Generation Processing and Servicing
Environment, unless such an environment provides for the
participation of multiple student loan servicers that
contract directly with the Department of Education to manage
a unique portfolio of borrower accounts and the full life-
cycle of loans from disbursement to pay-off with certain
limited exceptions, and allocates student loan borrower
accounts to eligible student loan servicers based on
performance: Provided further, That the Department shall re-
allocate accounts from servicers for recurring non-compliance
with FSA guidelines, contractual requirements, and applicable
laws, including for failure to sufficiently inform borrowers
of available repayment options: Provided further, That such
servicers shall be evaluated based on their ability to meet
contract requirements (including an understanding of Federal
and State law), future performance on the contracts, and
history of compliance with applicable consumer protections
laws: Provided further, That to the extent FSA permits
student loan servicing subcontracting, FSA shall hold prime
contractors accountable for meeting the requirements of the
contract, and the performance and expectations of
subcontractors shall be accounted for in the prime contract
and in the overall performance of the prime contractor:
Provided further, That FSA shall ensure that the Next
Generation Processing and Servicing Environment, or any new
Federal loan servicing environment, incentivize more support
to borrowers at risk of delinquency or default: Provided
further, That FSA shall ensure that in such environment
contractors have the capacity to meet and are held
accountable for performance on service levels; are held
accountable for and have a history of compliance with
applicable consumer protection laws; and have relevant
experience and demonstrated effectiveness: Provided further,
That the Secretary shall provide quarterly briefings to the
Committees on Appropriations and Education and Labor of the
House of Representatives and the Committees on Appropriations
and Health, Education, Labor, and Pensions of the Senate on
general progress related to solicitations for Federal student
loan servicing contracts: Provided further, That FSA shall
strengthen transparency through expanded publication of
aggregate data on student loan and servicer performance.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the
Mutual Educational and Cultural Exchange Act of 1961, and
section 117 of the Perkins Act, $2,475,792,000, of which
$24,500,000 shall remain available through December 31, 2020:
Provided, That notwithstanding any other provision of law,
funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and
Cultural Exchange Act of 1961 may be used to support
[[Page H10404]]
visits and study in foreign countries by individuals who are
participating in advanced foreign language training and
international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the
funds made available under chapter 2 of subpart 2 of part A
of title IV of the HEA may be used for evaluation.
Howard University
For partial support of Howard University, $240,018,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as
authorized pursuant to part D of title III of the HEA, which
shall remain available through September 30, 2021: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $212,100,000:
Provided further, That these funds may be used to support
loans to public and private Historically Black Colleges and
Universities without regard to the limitations within section
344(a) of the HEA.
In addition, $16,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of
the HEA to eligible institutions that are private
Historically Black Colleges and Universities, which apply for
the deferment of such a loan and demonstrate financial need
for such deferment by having a score of 2.6 or less on the
Department of Education's financial responsibility test:
Provided, That the loan has not been paid in full and is not
paid in full during the period of deferment: Provided
further, That during the period of deferment of such a loan,
interest on the loan will not accrue or be capitalized, and
the period of deferment shall be for at least a period of 3-
fiscal years and not more than 6-fiscal years: Provided
further, That funds available under this paragraph shall be
used to fund eligible deferment requests submitted for this
purpose in fiscal year 2018: Provided further, That the
Secretary shall create and execute an outreach plan to work
with States and the Capital Financing Advisory Board to
improve outreach to States and help additional public
Historically Black Colleges and Universities participate in
the program.
In addition, $10,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of
the HEA to eligible institutions that are public Historically
Black Colleges and Universities, which apply for the
deferment of such a loan and demonstrate financial need for
such deferment, which shall be determined by the Secretary of
Education based on factors including, but not limited to,
equal to or greater than 5 percent of the school's operating
revenue relative to its annual debt service payment:
Provided, That during the period of deferment of such a loan,
interest on the loan will not accrue or be capitalized, and
the period of deferment shall be for at least a period of 3-
fiscal years and not more than 6-fiscal years.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$623,462,000, which shall remain available through September
30, 2021: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may
be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce
data systems, or to further develop such systems: Provided
further, That up to $6,000,000 of the funds available to
carry out section 208 of the Educational Technical Assistance
Act may be used for awards to public or private organizations
or agencies to support activities to improve data
coordination, quality, and use at the local, State, and
national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $430,000,000: Provided,
That, notwithstanding any other provision of law, none of the
funds provided by this Act or provided by previous
Appropriations Acts to the Department of Education available
for obligation or expenditure in the current fiscal year may
be used for any activity relating to implementing a
reorganization that decentralizes, reduces the staffing
level, or alters the responsibilities, structure, authority,
or functionality of the Budget Service of the Department of
Education, relative to the organization and operation of the
Budget Service as in effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $130,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $63,000,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA
shall be available from July 1, 2020, through September 30,
2021.
Sec. 304. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2020 may use
the income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and
V of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
is amended by striking ``2019'' and inserting ``2020''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a))
is amended in paragraph (4) by striking ``2019'' and
inserting ``2020''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments
for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans
under part E of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the unobligated balances available under the
heading ``Student Financial Assistance'' for carrying out
subpart 1 of part A of title IV of the HEA, $500,000,000 are
hereby rescinded.
Sec. 309. Of the amounts appropriated under Section
401(b)(7)(A)(iv)(X) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(7)(A)(iv)(X)), $50,000,000 are hereby
rescinded.
Sec. 310. The Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq) is amended--(1) in the part
heading for part B of title IV, by inserting ``NITA M.
LOWEY'' before ``21ST''; and (2) in the table of contents of
that Act, by striking the part heading for part B of title IV
and inserting the following: ``PART B--NITA M. LOWEY 21ST
CENTURY COMMUNITY LEARNING CENTERS''.
Sec. 311. (a) In General.--For the purpose of carrying out
34 CFR Sec. 668.206(a)(1), the Secretary of Education may
waive the requirements under 34 CFR Sec. 668.213(b)(1) for an
institution of higher education that offers an associate
degree, is a public institution, and is located in an
economically distressed county, defined as a county with a
poverty rate of at least 25 percent based on the U.S. Census
Bureau's Small Area Income and Poverty Estimate program data
for 2017 that was impacted by Hurricane Matthew.
(b) Applicability.--Subsection (a) shall apply to an
institution of higher education that otherwise would be
ineligible to participate in a program under part D of title
IV of the Higher Education Act of 1965 on or after the date
of enactment of this Act due to the application of 34 CFR
Sec. 668.206(a)(1).
(c) Coverage.--This section shall be in effect for the
period covered by this Act and for the succeeding fiscal
year.
Sec. 312. Of the amounts made available under this title
under the heading ``Student Aid Administration'', $2,300,000
shall be used by the Secretary of Education to conduct
outreach to borrowers of loans made under part D of title IV
of the Higher Education Act of 1965 who may intend to qualify
for loan cancellation under section 455(m) of such Act (20
U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided,
[[Page H10405]]
That the Secretary shall specifically conduct outreach to
assist borrowers who would qualify for loan cancellation
under section 455(m) of such Act except that the borrower has
made some, or all, of the 120 required payments under a
repayment plan that is not described under section 455(m)(A)
of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall
also communicate to all Direct Loan borrowers the full
requirements of section 455(m) of such Act and improve the
filing of employment certification by providing improved
outreach and information such as outbound calls, electronic
communications, ensuring prominent access to program
requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire
payment certification process electronically and on a
centralized website.
Sec. 313. None of the funds made available by this Act may
be used in contravention of section 203 of the Department of
Education Organization Act (20 U.S.C. 3413).
Sec. 314. For an additional amount for ``Department of
Education--Federal Direct Student Loan Program Account'',
$50,000,000, to remain available until expended, shall be for
the cost, as defined under section 502 of the Congressional
Budget Act of 1974, of the Secretary of Education providing
loan cancellation in the same manner as under section 455(m)
of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), for
borrowers of loans made under part D of title IV of such Act
who would qualify for loan cancellation under section 455(m)
except some, or all, of the 120 required payments under
section 455(m)(1)(A) do not qualify for purposes of the
program because they were monthly payments made in accordance
with graduated or extended repayment plans as described under
subparagraph (B) or (C) of section 455(d)(1) or the
corresponding repayment plan for a consolidation loan made
under section 455(g) and that were less than the amount
calculated under section 455(d)(1)(A), based on a 10-year
repayment period: Provided, That the monthly payment made 12
months before the borrower applied for loan cancellation as
described in the matter preceding this proviso and the most
recent monthly payment made by the borrower at the time of
such application were each not less than the monthly amount
that would be calculated under, and for which the borrower
would otherwise qualify for, clause (i) or (iv) of section
455(m)(1)(A) regarding income-based or income-contingent
repayment plans, with exception for a borrower who would have
otherwise been eligible under this section but demonstrates
an unusual fluctuation of income over the past 5 years:
Provided further, That the total loan volume, including
outstanding principal, fees, capitalized interest, or accrued
interest, at application that is eligible for such loan
cancellation by such borrowers shall not exceed $75,000,000:
Provided further, That the Secretary shall develop and make
available a simple method for borrowers to apply for loan
cancellation under this section within 60 days of enactment
of this Act: Provided further, That the Secretary shall
provide loan cancellation under this section to eligible
borrowers on a first-come, first-serve basis, based on the
date of application and subject to both the limitation on
total loan volume at application for such loan cancellation
specified in the second proviso and the availability of
appropriations under this section: Provided further, That no
borrower may, for the same service, receive a reduction of
loan obligations under both this section and section 428J,
428K, 428L, or 460 of such Act.
This title may be cited as the ``Department of Education
Appropriations Act, 2020''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in
this title as ``the Committee'') established under section
8502 of title 41, United States Code, $10,000,000: Provided,
That in order to authorize any central nonprofit agency
designated pursuant to section 8503(c) of title 41, United
States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written
agreement with any such central nonprofit agency: Provided
further, That such agreement shall contain such auditing,
oversight, and reporting provisions as necessary to implement
chapter 85 of title 41, United States Code: Provided
further, That such agreement shall include the elements
listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement
Elements'' in the explanatory statement described in section
4 of Public Law 114-113 (in the matter preceding division A
of that consolidated Act): Provided further, That any such
central nonprofit agency may not charge a fee under section
51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided
further, That no less than $1,650,000 shall be available for
the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973
(referred to in this title as ``1973 Act'') and the National
and Community Service Act of 1990 (referred to in this title
as ``1990 Act''), $806,529,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the
1990 Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and
electronic management of the grants cycle; (2) $17,538,000
shall be available to provide assistance to State commissions
on national and community service, under section 126(a) of
the 1990 Act and notwithstanding section 501(a)(5)(B) of the
1990 Act; (3) $32,500,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $6,400,000 shall be
available for expenses authorized under section 501(a)(4)(F)
of the 1990 Act, which, notwithstanding the provisions of
section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the
1990 Act, satisfying the requirements in section 122(c)(1)(D)
may include a determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $208,342,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $83,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$5,750,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2020,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that
is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle
B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of
not more than one year may receive a national service
education award having a value of 70 percent of the value of
a national service education award determined under section
147(a) of the Act.
[[Page H10406]]
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934,
an amount which shall be available within limitations
specified by that Act, for the fiscal year 2022,
$465,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That
none of the funds made available to CPB by this Act shall be
available or used to aid or support any program or activity
from which any person is excluded, or is denied benefits, or
is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That
none of the funds made available to CPB by this Act shall be
used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other
personnel action with respect to officers, agents, and
employees of CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and
other technologies and services that create infrastructure
and efficiencies within the public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$47,200,000, including up to $900,000 to remain available
through September 30, 2021, for activities authorized by the
Labor-Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of
any projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $252,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $8,780,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $12,545,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,350,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $274,224,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.
administrative provisions
Sec. 407. None of the funds provided by this Act or
previous Acts making appropriations for the National Labor
Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any
means of voting through any electronic means in an election
to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $14,050,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $16,000,000, which shall include amounts becoming
available in fiscal year 2020 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2021, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $123,500,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund:
Provided, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided
further, That the previous proviso shall not change the
status under Federal employment laws of any attorney hired by
the Railroad Retirement Board prior to January 1, 2013:
Provided further, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act, this limitation may be used to hire
students attending qualifying educational institutions or
individuals who have recently completed qualifying
educational programs using current excepted hiring
authorities established by the Office of Personnel
Management: Provided further, That $10,000,000, to remain
available until expended, shall be used to supplement, not
supplant, existing resources devoted to operations and
improvements for the Board's Information Technology
Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$11,000,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m) and 1131(b)(2) of the
Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $41,714,889,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $101,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act, and remain available through September
30, 2022.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2021,
$19,900,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to
[[Page H10407]]
exceed $20,000 for official reception and representation
expenses, not more than $12,739,945,000 may be expended, as
authorized by section 201(g)(1) of the Social Security Act,
from any one or all of the trust funds referred to in such
section: Provided, That not less than $2,500,000 shall be
for the Social Security Advisory Board: Provided further,
That $45,000,000 shall remain available until expended for
information technology modernization, including related
hardware and software infrastructure and equipment, and for
administrative expenses directly associated with information
technology modernization: Provided further, That
$100,000,000 shall remain available through September 30,
2021, for activities to address the disability hearings
backlog within the Office of Hearings Operations: Provided
further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2020 not needed for
fiscal year 2020 shall remain available until expended to
invest in the Social Security Administration information
technology and telecommunications hardware and software
infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That the Commissioner of Social Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated
balances available under the authority in the previous
proviso: Provided further, That reimbursement to the trust
funds under this heading for expenditures for official time
for employees of the Social Security Administration pursuant
to 5 U.S.C. 7131, and for facilities or support services for
labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as
soon as possible after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,582,000,000, to remain
available through March 31, 2021, is for the costs associated
with continuing disability reviews under titles II and XVI of
the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant
United States Attorneys: Provided, That, of such amount,
$273,000,000 is provided to meet the terms of section
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and $1,309,000,000
is additional new budget authority specified for purposes of
section 251(b)(2)(B) of such Act: Provided further, That, of
the additional new budget authority described in the
preceding proviso, up to $10,000,000 may be transferred to
the ``Office of Inspector General'', Social Security
Administration, for the cost of jointly operated co-operative
disability investigation units: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by law: Provided further, That the
Commissioner shall provide to the Congress (at the conclusion
of the fiscal year) a report on the obligation and
expenditure of these funds, similar to the reports that were
required by section 103(d)(2) of Public Law 104-121 for
fiscal years 1996 through 2002.
In addition, $130,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that
the amounts collected pursuant to such sections in fiscal
year 2020 exceed $130,000,000, the amounts shall be available
in fiscal year 2021 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $30,000,000, together with not to exceed
$75,500,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days
in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or
any State or local legislature itself, or designed to support
or defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence the enactment
of legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and
recognized executive-legislative relationships or
participation by an agency or officer of a State, local or
tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or
any proposed, pending, or future requirement or restriction
on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any
[[Page H10408]]
managed care provider from offering abortion coverage or the
ability of a State or locality to contract separately with
such a provider for such coverage with State funds (other
than a State's or locality's contribution of Medicaid
matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2020, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2020, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2020 that are different than those specified in
this Act, the accompanying detailed table in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) or the fiscal year 2020
budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000, individually or in total for a particular project,
activity, or programmatic initiative, in value and awarded by
the Department on a non-competitive basis during each quarter
of fiscal year 2020, but not to include grants awarded on a
formula basis or directed by law. Such report shall include
the name of the contractor or grantee, the amount of funding,
the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report
shall be transmitted to the Committees within 30 days after
the end of the quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 521. None of the funds made available under this or
any other Act, or any prior Appropriations Act, may be
provided to the Association of Community Organizations for
Reform Now (ACORN), or any of its affiliates, subsidiaries,
allied organizations, or successors.
Sec. 522. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12
dated May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 523. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds
[[Page H10409]]
used by a Federal agency to carry out this requirement shall
be derived from amounts made available to the agency for
advertising or other communications regarding the programs
and activities of the agency.
Sec. 524. (a) Federal agencies may use Federal
discretionary funds that are made available in this Act to
carry out up to 10 Performance Partnership Pilots. Such
Pilots shall be governed by the provisions of section 526 of
division H of Public Law 113-76, except that in carrying out
such Pilots section 526 shall be applied by substituting
``Fiscal Year 2020'' for ``Fiscal Year 2014'' in the title of
subsection (b) and by substituting ``September 30, 2024'' for
``September 30, 2018'' each place it appears: Provided, That
such pilots shall include communities that have experienced
civil unrest.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of division H of Public Law 113-76, section 524 of division G
of Public Law 113-235, section 525 of division H of Public
Law 114-113, section 525 of division H of Public Law 115-31,
and section 525 of division H of Public Law 115-141.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such
authorities.
Sec. 525. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal
year 2020, the Departments of Labor, Health and Human
Services and Education and the Social Security Administration
shall provide the Committees on Appropriations of the House
of Representatives and Senate a report on the status of
balances of appropriations: Provided, That for balances that
are unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 526. The Departments of Labor, Health and Human
Services, or Education shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a comprehensive list of any new or competitive grant award
notifications, including supplements, issued at the
discretion of such Departments not less than 3 full business
days before any entity selected to receive a grant award is
announced by the Department or its offices (other than
emergency response grants at any time of the year or for
grant awards made during the last 10 business days of the
fiscal year, or if applicable, of the program year).
Sec. 527. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of
any illegal drug: Provided, That such limitation does not
apply to the use of funds for elements of a program other
than making such purchases if the relevant State or local
health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or
local jurisdiction, as applicable, is experiencing, or is at
risk for, a significant increase in hepatitis infections or
an HIV outbreak due to injection drug use, and such program
is operating in accordance with State and local law.
Sec. 528. Each department and related agency funded
through this Act shall provide answers to questions submitted
for the record by members of the Committee within 45 business
days after receipt.
(rescission)
Sec. 529. Of any available amounts appropriated under
section 2104(a)(23) of the Social Security Act (42 U.S.C.
1397dd) that are unobligated as of September 25, 2020,
$3,169,819,000 are hereby rescinded as of such date.
Sec. 530. Of amounts deposited in the Child Enrollment
Contingency Fund prior to the beginning of fiscal year 2020
under section 2104(n)(2) of the Social Security Act and the
income derived from investment of those funds pursuant to
section 2104(n)(2)(C) of that Act, $6,093,181,000 shall not
be available for obligation in this fiscal year.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2020''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
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,
$46,139,000, of which not to exceed $5,051,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,496,000 shall be available for the Office of
Homeland Security; not to exceed $6,211,000 shall be
available for the Office of Partnerships and Public
Engagement, of which $1,500,000 shall be for 7 U.S.C.
2279(c)(5); not to exceed $22,251,000 shall be available for
the Office of the Assistant Secretary for Administration, of
which $21,376,000 shall be available for Departmental
Administration to provide for necessary expenses for
management support services to offices of the Department and
for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department: Provided, That funds
made available by this Act to an agency in the Administration
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office; not to
exceed $3,869,000 shall be available for the Office of
Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by
this Act, including programs involving intergovernmental
affairs and liaison within the executive branch; and not to
exceed $7,261,000 shall be available for the Office of
Communications: Provided further, That the Secretary of
Agriculture is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased
by more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading
for Departmental Administration shall be reimbursed from
applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under
this heading for the Office of the Assistant Secretary for
Congressional Relations and Intergovernmental Affairs may be
transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
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, funding 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): Provided further, That during any 30 day
notification period referenced in section 716 of this Act,
the Secretary of Agriculture, the Secretary of Health and
Human Services or the Chairman of the Commodity Futures
Trading Commission, (as the case may be) shall take no action
to begin implementation of the proposal or make any public
announcement in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $24,013,000, 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, $66,580,000, of which not less than
$56,000,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $901,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
121, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $128,167,000, 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
[[Page H10410]]
et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.), $4,503,000, 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,
$84,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $180,294,000, 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,
$1,414,366,000, of which $13,100,000, to remain available
until expended, shall be used for transition and equipment
purchases for the National Bio and Agro-Defense Facility
located in Manhattan, Kansas: Provided, That of the amounts
available to the Agricultural Research Service for the
National Bio and Agro-Defense Facility, no funds may be
obligated above the amount provided for the facility in
Public Law 116-6 until the Secretary of Agriculture submits
to the Committees on Appropriations of both Houses of
Congress, and receives written or electronic notification of
receipt from such Committees, a strategic plan as required in
House Report 116-107: Provided further, That appropriations
hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000,
except for headhouses or greenhouses which shall each be
limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be
that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $192,700,000 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, $962,864,000, 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 explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for research grants
for 1994 institutions, education grants for 1890
institutions, capacity building for non-land-grant colleges
of agriculture, the agriculture and food research initiative,
veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, and
grants management systems shall remain available until
expended: Provided further, That each institution eligible
to receive funds under the Evans-Allen program receives no
less than $1,000,000: Provided further, That funds for
education grants for Alaska Native and Native Hawaiian-
serving institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii:
Provided further, That funds for education grants for 1890
institutions shall be made available to institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222: Provided
further, That not more than 5 percent of the amounts made
available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157
may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying
out that authority.
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, $526,557,000, 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 explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated 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
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated 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, $800,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
[[Page H10411]]
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), $1,042,711,000,
of which $470,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests
program, including for cost share purposes or for debt
retirement for active eradication zones; of which
$37,857,000, to remain available until expended, shall be for
Animal Health Technical Services; of which $1,000,000 shall
be for activities under the authority of the Horse Protection
Act 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 $192,013,000, 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 and transition activities for the
National Bio and Agro-defense Facility located in Manhattan,
Kansas: Provided further, That of the amounts available to
the Animal and Plant Health Inspection Service for the
National Bio and Agro-Defense Facility, no funds may be
obligated above the amount provided for the facility in
Public Law 116-6 until the Secretary of Agriculture submits
to the Committees on Appropriations of both Houses of
Congress, and receives written or electronic notification of
receipt from such Committees, a strategic plan as required in
House Report 116-107: Provided further, That no funds shall
be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available
for the purchase, replacement, operation, and maintenance of
aircraft: Provided further, That in addition, in emergencies
which threaten any segment of the agricultural production
industry of the United States, the Secretary may transfer
from other appropriations or funds available to the agencies
or corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in
accordance with sections 10411 and 10417 of the Animal Health
Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and
442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2020, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 2268a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $186,936,000, 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.
[[Page H10412]]
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $203,877,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal
year pursuant to section 1241(a) of the Farm Security and
Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be
transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,122,837,000, of which not less than $35,000,000 shall be
for the hiring of new employees to fill vacancies at Farm
Service Agency county offices and farm loan officers and
shall be available until September 30, 2021: Provided, That
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. 5136), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), relending program
(7 U.S.C. 1936c), and Indian highly fractionated land loans
(25 U.S.C. 5136) to be available from funds in the
Agricultural Credit Insurance Fund, as follows:
$2,750,000,000 for guaranteed farm ownership loans and
$1,875,000,000 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;
relending program, $18,215,000; 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 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:
$58,440,000 for direct farm operating loans, $20,972,000 for
unsubsidized guaranteed farm operating loans, emergency
loans, $2,023,000; relending program, $5,000,000; Indian
highly fractionated land loans, $2,745,000; 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, $317,068,000:
Provided, That of this amount, $290,917,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses'': Provided further,
That of this amount $16,081,000 shall be transferred to and
merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$58,361,000: Provided, That $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.
2268a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $829,628,000, to remain available
until September 30, 2021: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further,
That of the amounts made available under this heading,
$5,600,000, 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
[[Page H10413]]
December 22, 1944 (Public Law 78-534) with a primary purpose
of watershed protection by preventing floodwater damage and
stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $10,000,000 is provided:
Provided, That of the amounts made available under this
heading, $5,000,000 shall remain available until expended for
watershed rehabilitation projects in states with high-hazard
dams and other watershed structures and that have recently
incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C.
6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $800,000: Provided, That funds made
available by this Act to an agency in the Rural Development
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $247,835,000: Provided, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
support Rural Development programs: Provided further, That
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; 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), $18,739,000, 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, $60,000,000, to remain available
until expended: Provided, That of the
[[Page H10414]]
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, $28,000,000 shall be available for a
demonstration program for the preservation and revitalization
of the sections 514, 515, and 516 multi-family rental housing
properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the
purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers
including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt;
and other financial assistance including advances, payments
and incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the
preservation and revitalization agreement obtain a
restrictive use agreement consistent with the terms of the
restructuring: Provided further, That if the Secretary
determines that additional funds for vouchers described in
this paragraph are needed, funds for the preservation and
revitalization demonstration program may be used for such
vouchers: Provided further, That if Congress enacts
legislation to permanently authorize a multi-family rental
housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use
funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval
of the Committees on Appropriations of both Houses of
Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than
$1,000,000 total, from the program funds made available under
this heading, for administrative expenses for activities
funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, 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, $49,000,000, 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 $6,000,000 of the amount appropriated
under this heading shall be to provide grants for facilities
in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $5,000,000
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,
$66,500,000, 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 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), $26,600,000, 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 $15,000,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 210A of the Agricultural Marketing Act of 1946, of
which $3,000,000, to remain available until expended, shall
be for Agriculture Innovation Centers authorized pursuant to
section 6402 of Public Law 107-171.
rural microentrepreneur assistance program
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008s):
Provided, That such costs of loans, including the cost of
modifying such loans, shall be defined in section 502 of the
Congressional Budget Act of 1974.
rural energy for america program
For the cost of a program of loan guarantees, under the
same terms and conditions as authorized by section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $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,
[[Page H10415]]
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, $659,480,000, to remain available until expended, of
which not to exceed $1,000,000 shall be available for the
rural utilities program described in section 306(a)(2)(B) of
such Act, and of which not to exceed $5,000,000 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 of that Act, $750,000,000; 5 percent
rural telecommunications loans, cost of money rural
telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be
used for the construction, acquisition, design and
engineering or improvement of fossil-fueled electric
generating plants (whether new or existing) that utilize
carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305
of the Rural Electrification Act of 1936 (7 U.S.C. 935),
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, cost of money
rural telecommunications loans, $3,795,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $11,179,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$50,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That funding provided under this heading
for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet
all of the eligibility criteria for a consortium as
established by this section.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $2,000,000, 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, $35,000,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa et seq.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $800,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $23,615,098,000 to
remain available through September 30, 2021, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$18,004,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$14,999,000 shall be available to carry out studies and
evaluations and shall remain available until expended:
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,
$35,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of
2010 (Public Law 111-80): Provided further, That section
26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking
``2010 through 2019'' and inserting ``2010 through 2021'':
Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended 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 1966 (42 U.S.C. 1786),
$6,000,000,000, to remain available through September 30,
2021: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not
less than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000
shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available
for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements
specified in section 17 of such Act: Provided further, That
none of the funds provided shall be available for activities
that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a
federally mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $67,886,285,000, of
which $3,000,000,000, to remain available through September
30, 2022, 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
[[Page H10416]]
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 20 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, $155,891,000: 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), $215,513,000, of
which no more than 6 percent shall remain available until
September 30, 2021, for overseas operations to include the
payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $142,000, shall be transferred
to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,725,000,000, 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), $220,000,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That of the amount made available
under this heading, not more than 10 percent, but not less
than $20,000,000, 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 AGENCIES 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; $5,772,442,000: 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 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
[[Page H10417]]
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) $1,088,881,000 shall be for
the Center for Food Safety and Applied Nutrition and related
field activities in the Office of Regulatory Affairs, of
which no less than $15,000,000 shall be used for inspections
of foreign seafood manufacturers and field examinations of
imported seafood; (2) $1,972,093,000 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) $237,741,000 shall be for the Center for
Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $581,761,000 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) $186,399,000 shall
be for Rent and Related activities, of which $53,913,000 is
for White Oak Consolidation, other than the amounts paid to
the General Services Administration for rent; (9)
$239,717,000 shall be for payments to the General Services
Administration for rent; and (10) $318,097,000 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 AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District
of Columbia and elsewhere, $284,000,000, including not to
exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which
not less than $20,000,000 shall remain available until
September 30, 2021, and of which not less than $3,200,000
shall be for expenses of the Office of the Inspector General:
Provided, That notwithstanding the limitations in 31 U.S.C.
1553, amounts provided under this heading are available for
the liquidation of obligations equal to current year payments
on leases entered into prior to the date of enactment of this
Act: Provided further, That for the purpose of recording and
liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso,
such amounts shall be transferred to and recorded in a no-
year account in the Treasury, which has been established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations.
In addition, for move, replication, and related costs
associated with replacement leases for the Commission's
facilities, not to exceed $31,000,000, to remain available
until expended.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $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: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm
Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm
Credit Administration may exempt, an amount in its sole
discretion, from the application of the limitation provided
in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in
subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to
purchase new passenger motor vehicles, in addition to
specific appropriations for this purpose, so long as the
total number of vehicles purchased in fiscal year 2020 does
not exceed the number of vehicles owned or leased in fiscal
year 2018: Provided, That, prior to purchasing additional
motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce
operational costs, and for the protection of life, property,
and public safety: Provided further, That the Secretary may
not increase the Department of Agriculture's fleet above the
2018 level unless the Secretary notifies in writing, and
receives approval from, the Committees on Appropriations of
both Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress 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
[[Page H10418]]
the Chief Financial Officer shall actively market to existing
and new Departments and other government agencies National
Finance Center shared services including, but not limited to,
payroll, financial management, and human capital shared
services and allow the National Finance Center to perform
technology upgrades: Provided further, That of annual income
amounts in the Working Capital Fund of the Department of
Agriculture attributable to the amounts in excess of the true
costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the
Secretary shall reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation
of financial, administrative, and information technology
services, and other systems of the National Finance Center or
to pay any unforeseen, extraordinary cost of the National
Finance Center: Provided further, That none of the amounts
reserved shall be available for obligation unless the
Secretary submits written notification of the obligation to
the Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue
operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That, notwithstanding section 11319 of title 40, United
States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by the Chief Information
Officer: Provided further, That the Chief Information
Officer may authorize an agency to obligate funds without
written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based
upon the performance of an agency measured against the
performance plan requirements described in the explanatory
statement accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313B(a) of such Act in
the same manner as a borrower under such Act.
Sec. 709. (a) Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2021, for information technology
expenses.
(b) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Rural Development mission area shall remain
available through September 30, 2021, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79)
or by a successor to that Act, other than by title I or
subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $1,331,725,000 (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
[[Page H10419]]
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, 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, the Chairman of the
Commodity Futures Trading Commission, 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, the Chairman of the
Commodity Futures Trading Commission, 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;
(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, the
Chairman of the Commodity Futures Trading Commission, 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, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or
otherwise make available reports, questions, or responses to
questions that are a result of information requested for the
appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services,
non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 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. For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 722. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, the
Chairman of the Commodity Futures Trading Commission, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 723. 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), $1,000,000,000 are hereby rescinded.
Sec. 724. 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. 725. 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. 726. 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. 727. 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. 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 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
[[Page H10420]]
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. 731. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator,
are in place to ensure that emergency food aid is received by
the intended beneficiaries in areas affected by food
shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 732. There is hereby appropriated $12,000,000, 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. 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. 736. (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. 737. 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. 738. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China
for use in the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761),
or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 739. 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. 740. Of the total amounts made available by this Act
for direct loans and grants in section 732 and in the
following headings: ``Rural Housing Service--Rural Housing
Insurance Fund Program Account''; ``Rural Housing Service--
Mutual and Self-Help Housing Grants''; ``Rural Housing
Service--Rural Housing Assistance Grants''; ``Rural Housing
Service--Rural Community Facilities Program Account'';
``Rural Business-Cooperative Service--Rural Business Program
Account''; ``Rural Business-Cooperative Service--Rural
Economic Development Loans Program Account''; ``Rural
Business-Cooperative Service--Rural Cooperative Development
Grants''; ``Rural Utilities Service--Rural Water and Waste
Disposal Program Account''; ``Rural Utilities Service--Rural
Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent
feasible, at least 10 percent of the funds shall be allocated
for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average, or any territory or possession of the
United States: Provided further, That with respect to
specific activities for which program levels have been made
available by this Act that are not supported by budget
authority, the requirements of this section shall be applied
to such program level.
Sec. 741. (a) No funds shall be used to finalize the
proposed rule entitled ``Eligibility of the People's Republic
of China (PRC) to Export to the United States Poultry
Products from Birds Slaughtered in the PRC'' published in the
Federal Register by the Department of Agriculture on June 16,
2017 (82 Fed. Reg. 27625), unless the Secretary of
Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry
products comply with all other applicable requirements for
poultry products in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United
States processed poultry products;
(4) conduct re-inspection of such poultry products at
United States ports-of-entry to check the general condition
of such products, for the proper certification and labeling
of such products, and for any damage to such products that
may have occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
[[Page H10421]]
(b) This section shall be applied in a manner consistent
with obligations of the United States under any trade
agreement to which the United States is a party.
Sec. 742. In addition to any other funds made available in
this Act or any other Act, there is appropriated $9,000,000
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. 743. There is hereby appropriated $5,000,000, 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. 744. 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. 745. 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. 746. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated
by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for
Human Consumption,'' and published on November 27, 2015, with
respect to the regulation of entities that grow, harvest,
pack, or hold wine grapes, hops, pulse crops, or almonds.
Sec. 747. For school year 2020-2021, only a school food
authority that had a negative balance in the nonprofit school
food service account as of December 31, 2019, shall be
required to establish a price for paid lunches in accordance
with Section 12(p) of the Richard B. Russell National School
Lunch Act, 42 U.S.C. 1760(p).
Sec. 748. 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. 749. For school years 2019-2020 and 2020-2021, 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. 750. 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. 751. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall, not later than July 1, 2020, and following the
review required under Executive Order No. 12866 (5 U.S.C. 601
note; relating to regulatory planning and review), issue
advice revising the advice provided in the notice of
availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug
Administration; Revised Fish Advice; Availability'' (82 Fed.
Reg. 6571 (January 19, 2017)), in a manner that is consistent
with nutrition science recognized by the Food and Drug
Administration on the net effects of seafood consumption.
Sec. 752. In addition to any funds made available in this
Act or any other Act, there is hereby appropriated
$6,000,000, to remain available until September 30, 2021, for
grants from the National Institute of Food and Agriculture to
the 1890 Institutions to support the Centers of Excellence.
Sec. 753. There is hereby appropriated $1,000,000 for the
Secretary of Agriculture to carry out a pilot program that
assists rural hospitals to improve long-term operations and
financial health by providing technical assistance through
analysis of current hospital management practices.
Sec. 754. There is hereby appropriated $2,000,000, to
remain available until expended, for grants under section
12502 of Public Law 115-334.
Sec. 755. There is hereby appropriated $2,000,000 to carry
out section 1621 of Public Law 110-246.
Sec. 756. Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall
issue a final rule based on the proposed rule entitled
``National Organic Program; Origin of Livestock,'' published
in the Federal Register on April 28, 2015 (80 Fed. Reg.
23455): Provided, That the final rule shall incorporate
public comments submitted in response to the proposed rule.
Sec. 757. There is hereby appropriated $3,000,000, to
remain available until September 30, 2021, to carry out
section 4003(b) of Public Law 115-334 relating to
demonstration projects for Tribal Organizations.
Sec. 758. 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 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. 759. 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. 760. 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. 761. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115-334.
Sec. 762. The Secretary of Agriculture may waive the
matching funds requirement under Section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(g)).
Sec. 763. There is hereby appropriated $5,000,000, to
remain available until September 30, 2021, to carry out
section 23 of the Child Nutrition Act of 1966 (42 U.S.C.
1793), of which $1,000,000 shall be for grants under such
section to the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, the United States Virgin
Islands, Guam, and American Samoa.
Sec. 764. 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. 765. Section 2 of the Rural Electrification Act of
1936 (7 U.S.C. 902) is amended in subsection (a) by striking
``made by the Secretary'' and inserting ``made or guaranteed
by the Secretary''.
Sec. 766. The National Bio and Agro-Defense Facility shall
be transferred without reimbursement from the Secretary of
Homeland Security to the Secretary of Agriculture.
Sec. 767. Any funds made available by this or any other
Act that the Secretary withholds pursuant to section
1668(g)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be
available for grants for biotechnology risk assessment
research: Provided, That the Secretary may transfer such
funds to appropriations of the Department of Agriculture.
Sec. 768. There is hereby appropriated $5,000,000 to carry
out section 222 of Subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6923) as
amended by section 12302 of Public Law 115-334.
Sec. 769. There is hereby appropriated $400,000 to carry
out section 224 of Subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6924) as
amended by section 12504 of Public Law 115-334.
Sec. 770. There is hereby appropriated $1,000,000, to
remain available until September 30, 2021, to carry out
section 4208 of Public Law 115-334.
Sec. 771. There is hereby appropriated $400,000 to carry
out section 1672(g)(4)(B) of
[[Page H10422]]
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5925(g)(4(B)) as amended by section 7209 of Public Law
115-334.
Sec. 772. There is hereby appropriated $5,000,000 to carry
out section 12301 of Public Law 115-334.
Sec. 773. There is hereby 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)
as amended by section 7120 of Public Law 115-334.
Sec. 774. There is hereby appropriated $1,000,000 to carry
out section 1671 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5924) as amended by section 7208
of Public Law 115-334.
Sec. 775. 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. 776. There is hereby appropriated $6,000,000 for the
purposes described in the paragraph entitled ``Nutrition
Assistance Program (NAP) Study'' under the Supplemental
Nutrition Assistance Program included in House Report 116-
107, of which $4,000,000 shall be for the Secretary to update
the Feasibility Report, and of which $2,000,000 shall be for
Puerto Rico for technology requirements: Provided, That the
reports detailed in House Report 116-107 shall be due not
later than December 31, 2020.
Sec. 777. There is hereby appropriated $5,000,000 to
remain available until September 30, 2021, to carry out
section 4206 of Public Law 115-334.
Sec. 778. 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. 779. 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. 780. 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 plans, construction,
repair, improvement, extension, alteration, demolition and
purchase of fixed equipment or facilities of or used by FDA
for seafood safety.
Sec. 781. There is hereby appropriated $5,000,000 to
remain available until September 30, 2021, to carry out
section 6424 of Public Law 115-334.
Sec. 782. 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. 783. 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, to the
Secretary for a pilot program to provide grants to a regional
consortium to fund technical assistance and construction of
regional wastewater systems for historically impoverished
communities that have had difficulty in installing
traditional wastewater treatment systems due to soil
conditions.
Sec. 784. 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. 785. 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.
Sec. 786. (a) In the matter preceding the first proviso
under the heading ``Supplemental Nutrition Assistance
Program'' in the Consolidated Appropriations Act, 2018
(Public Law 115-141), strike ``December 31, 2019'' and insert
``September 30, 2020''.
(b) In the matter preceding the first proviso under the
heading ``Supplemental Nutrition Assistance Program'' in the
Consolidated Appropriations Act, 2019 (Public Law 116-6),
strike ``December 31, 2020'' and insert ``September 30,
2021''.
Sec. 787. (a) There is hereby appropriated $300,000,000, to
remain available until expended, for an additional amount for
section 779 of Public Law 115-141.
(b) 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 section 779 of
Public Law 115-141 and shall use $255,000,000 of funds
available in this subaccount in fiscal year 2020 for an
additional amount for the same purpose and under the same
terms and conditions as funds appropriated by section 779 of
Public Law 115-141: Provided, That any use of such funds
shall be treated as a reprogramming of funds under section
716 of this Act.''.
(c) Section 762(b) of division B of Public Law 116-6 shall
no longer apply.
Sec. 788. The Animal and Plant Health Inspection Service
shall, notwithstanding any other provision of law:
(a) within 60 calendar days, restore on its website the
searchable database and its contents that were available on
January 30, 2017, and all content generated since that date;
and
(b) hereafter, make publicly available via searchable
database, in their entirety without redactions except
signatures, the following records after enactment of this Act
for a subsequent period of three years:
(1) all final Animal Welfare Act inspection reports,
including all reports documenting all Animal Welfare Act non-
compliances observed by USDA officials and all animal
inventories;
(2) all final Animal Welfare Act and Horse Protection Act
enforcement records;
(3) all reports or other materials documenting any non-
compliances observed by USDA officials; and
(4) within six months of receipt by the agency, all final
Animal Welfare Act research facility annual reports,
including their attachments with appropriate redactions made
for confidential business information that USDA could
withhold under FOIA Exemption 4.
Sec. 789. Notwithstanding any other provision of law, no
funds available to the Department of Agriculture may be used
to move any agency from the mission area in which it was
located on August 1, 2018, to any other mission area or
office within the Department in the absence of the enactment
of specific legislation affirming such move.
Sec. 790. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved
prior to the effective date of the National Bioengineered
Food Disclosure Standard (February 19, 2019) shall include
the words ``genetically engineered'' prior to the existing
acceptable market name.
Sec. 791. (a) The remaining unobligated balances of funds
made available under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and
Marketing--Office of the Secretary'' in the Bipartisan Budget
Act of 2018 (Public Law 115-123) are hereby rescinded:
Provided, That the amounts rescinded pursuant to this
subsection that were previously 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 are designated by the Congress as an emergency
requirement pursuant to that section of that Act.
(b) In addition to amounts otherwise made available by this
Act for ``Department of Agriculture--Agricultural Programs--
Processing, Research and Marketing--Office of the
Secretary'', there is appropriated for an additional amount
for fiscal year 2020, to remain available until December 30,
2021, an amount equal to the unobligated balances rescinded
pursuant to subsection (a), for the same purposes and under
the same authorities and conditions as the funds made
available under the heading ``Department of Agriculture--
Agricultural Programs--Processing, Research and Marketing--
Office of the Secretary'' in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law
116-20), as amended by this section: Provided, That, in
addition to the purposes specified in the matter preceding
the first proviso under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and
Marketing--Office of the Secretary'' in the Additional
Supplemental Appropriations for Disaster Relief Act of 2019
(Public Law 116-20), as amended by this section, such amounts
shall also be available for quality losses of crops, drought,
and excessive moisture: Provided further, That losses due to
drought shall only be eligible under this subsection if any
area within the county in which the loss occurs was rated by
the U.S. Drought Monitor as having a D3 (Extreme Drought) or
higher level of drought intensity during the applicable
calendar years: Provided further, That the Secretary may use
the amounts provided under this subsection, under the same
authorities and conditions as the funds made available under
the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the
Secretary'' in the Bipartisan Budget Act of 2018 (Public Law
115-123), to continue to pay for losses due to Tropical Storm
Cindy, and peaches and blueberries due to freeze in 2017 and
blueberry productivity losses in 2018: Provided further,
That the Secretary shall use the amounts provided under this
subsection, under the same authorities and conditions as the
funds made available under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and
Marketing--Office of the Secretary'' in the Bipartisan Budget
Act of 2018 (Public Law 115-123), to make payments for vine
losses that
[[Page H10423]]
were eligible for, but did not receive, payments under that
heading in that Act: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(c) Title I of the Additional Supplemental Appropriations
for Disaster Relief Act, 2019 (Public Law 116-20), as amended
by section 116 of the Continuing Appropriations Act, 2020
(Public Law 116-59), is further amended in the first proviso
under the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the
Secretary'' by striking ``may provide'' and inserting ``, in
addition to the amount announced on November 8, 2019, shall
provide not less than $400,000,000 in'' , and by adding the
following before the final proviso under that heading:
``Provided further, That the Secretary shall pay all sugar
beet losses in 2018 and 2019 through cooperative processors
(to be paid to producer members as determined by such
processors) using the additional coverage level described in
section 508(e)(2)(E) of the Federal Crop Insurance Act of
1938 (7 U.S.C. 1508(e)(2)(E)) for purposes of determining the
Wildfire Hurricane Indemnity Program Plus factor (as defined
in section 760.1502 of title 7, Code of Federal Regulations
(or successor regulations):'': Provided, That amounts
repurposed pursuant to this subsection 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.
(d) No later than December 31, 2020, the remaining
unobligated balances of funds made available under the
heading ``Department of Agriculture--Agricultural Programs--
Processing, Research and Marketing--Office of the Secretary''
in the Additional Supplemental Appropriations for Disaster
Relief Act of 2019 (Public Law 116-20) are hereby permanently
rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded is hereby appropriated, to
remain available until December 30, 2021, in addition to
other funds as may be available for such purposes, for the
same purposes and under the same authorities and conditions
as the funds made available in subsection (b): Provided,
That the amounts rescinded pursuant to this subsection that
were previously 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 are
designated by the Congress as an emergency requirement
pursuant to that section of that Act: Provided further, That
the amount of additional new budget authority made available
pursuant to this subsection is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 792. For an additional amount for ``Department of
Health and Human Services--Office of the Secretary--Public
Health and Social Services Emergency Fund'' for purchase of
vaccines, therapeutics, and diagnostics for the prevention
and treatment of Ebola, $535,000,000, to remain available
until September 30, 2024: Provided, That products purchased
with funds provided under this section may, at the discretion
of the Secretary of Health and Human Services, be deposited
in the Strategic National Stockpile under section 319F-2 of
the PHS Act: Provided further, That sections 319C-1(h)(3)
and 319C-2(h) of the PHS Act shall not apply to funds
provided under this section: Provided further, That funds
provided under this section may be used for the purposes
specified in this section or authorized under section 319F-4
of the PHS Act: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2020''.
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects, and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations, and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $151,000,000, to remain
available until expended: Provided, That the Secretary shall
initiate six new study starts during fiscal year 2020:
Provided further, That the Secretary shall not deviate from
the new starts proposed in the work plan, once the plan has
been submitted to the Committees on Appropriations of both
Houses of Congress.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $2,681,000,000, to remain available until
expended; of which such sums as are necessary to cover the
Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived
from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects,
except for Chickamauga Lock, Tennessee River, Tennessee,
which shall be 35 percent during the fiscal year covered by
this Act, shall be derived from the Inland Waterways Trust
Fund, except as otherwise specifically provided for in law:
Provided, That the Secretary shall initiate six new
construction starts during fiscal year 2020: Provided
further, That for new construction projects, project cost
sharing agreements shall be executed as soon as practicable
but no later than December 31, 2020: Provided further, That
no allocation for a new start shall be considered final and
no work allowance shall be made until the Secretary provides
to the Committees on Appropriations of both Houses of
Congress an out-year funding scenario demonstrating the
affordability of the selected new starts and the impacts on
other projects: Provided further, That the Secretary may not
deviate from the new starts proposed in the work plan, once
the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$375,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $3,790,000,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for
inland harbors shall be derived from the Harbor Maintenance
Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research,
interpretation, and maintenance activities related to
resource protection in the areas at which outdoor recreation
is available; and of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall
be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have
been collected: Provided, That 1 percent of the total amount
of funds provided for each of the programs, projects, or
activities funded under this heading shall not be allocated
to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for
use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be
necessary and appropriate, and that the Chief of Engineers
shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities
proportionally in accordance with the amounts provided for
the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$210,000,000, to remain available until September 30, 2021.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States
[[Page H10424]]
resulting from work performed as part of the Nation's early
atomic energy program, $200,000,000, to remain available
until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $35,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works
program, $203,000,000, to remain available until September
30, 2021, of which not to exceed $5,000 may be used for
official reception and representation purposes and only
during the current fiscal year: Provided, That no part of
any other appropriation provided in this title shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided
further, That any Flood Control and Coastal Emergencies
appropriation may be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other
natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$5,000,000, to remain available until September 30, 2021:
Provided, That not more than 75 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act
and a work plan that allocates at least 95 percent of the
additional funding provided under each heading in this title,
as designated under such heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), to specific programs, projects, or
activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2020, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received
from the Committees on Appropriations of both Houses of
Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up to
$25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up
to $3,000,000 may be reprogrammed for settled contractor
claims, changed conditions, or real estate deficiency
judgments: Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that did
not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the
Committees on Appropriations of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the
Committees on Appropriations of both Houses of Congress to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year which shall
include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made
available in this Act solely in accordance with the
provisions of this Act and the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), including the determination and
designation of new starts.
Sec. 103. None of the funds made available in this title
may be used to award or modify any contract that commits
funds beyond the amounts appropriated for that program,
project, or activity that remain unobligated, except that
such amounts may include any funds that have been made
available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $5,400,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers
projects.
Sec. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material,
after evaluating the least costly, environmentally acceptable
manner for the disposal or management of dredged material
originating from Lake Erie or tributaries thereto, unless it
is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open
lake placement alternative for dredged material is approved
under a State water quality certification, the Corps of
Engineers shall continue upland placement of such dredged
material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the
Civil Works functions or authority of the Corps of Engineers
or the Secretary of the Army to another department or agency.
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the
Chief of Engineers.
Sec. 108. None of the funds made available by this Act may
be used to carry out any water supply reallocation study
under the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $20,000,000, to remain available
until expended, of which $1,800,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for
use by the Utah Reclamation Mitigation and Conservation
Commission: Provided, That of the amount provided under this
heading, $1,500,000 shall be available until September 30,
2021, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided
further, That for fiscal year 2020, of the amount made
available to the Commission under this Act or any other Act,
the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including
[[Page H10425]]
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State
and local governments, federally recognized Indian tribes,
and others, $1,512,151,000, to remain available until
expended, of which $69,932,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$5,023,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund: Provided, That $10,000,000 shall be available for
transfer into the Blackfeet Water Settlement Implementation
Fund established by section 3717 of Public Law 114-322:
Provided further, That the unobligated balances in ``Water
and Related Resources'' for the Blackfeet Water Rights
Settlement Act may be transferred to the Blackfeet Water
Settlement Implementation Fund account: Provided further,
That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further,
That within available funds, $250,000 shall be for grants and
financial assistance for educational activities: Provided
further, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation
Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund
or account: Provided further, That funds contributed under
43 U.S.C. 395 are available until expended for the purposes
for which the funds were contributed: Provided further, That
funds advanced under 43 U.S.C. 397a shall be credited to this
account and are available until expended for the same
purposes as the sums appropriated under this heading:
Provided further, That of the amounts provided herein, funds
may be used for high-priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16
U.S.C. 1706: Provided further, That of the amounts made
available under this heading, $4,000,000 shall be for one
payment for deferred construction funding to the Navajo
Nation to fulfill the construction obligations described in
section 15(b) of the Colorado Ute Indian Water Rights
Settlement Act of 1988 (Public Law 100-585), as amended by
the Colorado Ute Settlement Act Amendments of 2000 (Public
Law 106-554), and to complete the commissioning and title
transfer of the Navajo Nation Municipal Pipeline: Provided
further, That in accordance with section 4009(c) of Public
Law 114-322, and as recommended by the Secretary in a letter
dated February 13, 2019, funding provided for such purpose in
fiscal year 2018 shall be made available to the Expanding
Recycled Water Delivery Project (VenturaWaterPure), the Pure
Water Monterey Groundwater Replenishment Project, the
Groundwater Reliability Improvement Program (GRIP) Recycled
Water Project, the North Valley Regional Recycled Water
Program, the South Sacramento County Agriculture and Habitat
Lands Recycled Water Program, and the Central Coast Blue
project: Provided further, That in accordance with section
4007 of Public Law 114-322, and as recommended by the
Secretary in a letter dated February 13, 2019, funding
provided for such purpose in fiscal years 2017 and 2018 shall
be made available to the Cle Elum Pool Raise, the Boise River
Basin Feasibility Study, the Del Puerto Water District, the
Los Vaqueros Reservoir Phase 2 Expansion Project, the North-
of-the Delta Off stream Storage (Sites Reservoir Project),
and the Friant-Kern Canal Capacity Correction Resulting
Subsidence: Provided further, That in accordance with
section 4009(a) of Public Law 114-322, and as recommended by
the Secretary in a letter dated February 13, 2019, funding
provided for such purpose in fiscal years 2017 and 2018 shall
be made available to the Doheny Ocean Desalination Project,
the Kay Bailey Hutchison Desalination Plant, the North
Pleasant Valley Desalter Facility, and the Mission Basin
Groundwater Purification Facility Well Expansion and Brine
Minimization.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $54,849,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575:
Provided further, That none of the funds made available under
this heading may be used for the acquisition or leasing of
water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or
order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$33,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until September 30, 2021,
$60,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous or subsequent appropriations Acts to the agencies or
entities funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2020, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program,
project, or activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed
between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not
later than 60 days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking ``$480,000,000'' and inserting ``$530,000,000''.
[[Page H10426]]
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-
Delta Authorization Act) (118 Stat. 1681), as amended by
section 4007(k) of Public Law 114-322, is amended by striking
``2019'' each place it appears and inserting ``2020''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus
Public Land Management Act of 2009) is amended by striking
``2019'' and inserting ``2020''.
Sec. 206. The Claims Resolution Act of 2010 (Public Law
111-291) is amended--
(1) in section 309(d), by striking ``2021'' each place it
appears and inserting ``2023''; and
(2) in section 311(h), by striking ``2021'' and inserting
``2023''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $2,848,000,000, to
remain available until expended: Provided, That of such
amount, $165,000,000 shall be available until September 30,
2021, for program direction: Provided further, That of the
unobligated balances from prior year appropriations available
under this heading, $58,000,000 is hereby rescinded:
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.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy sector cybersecurity,
energy security, and emergency response activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $156,000,000, to remain available until
expended: Provided, That of such amount, $13,000,000 shall
be available until September 30, 2021, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery
activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $190,000,000, to remain available until
expended: Provided, That of such amount, $18,000,000 shall
be available until September 30, 2021, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $1,493,408,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall
be available until September 30, 2021, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition of interest,
including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological
investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3,
1602, and 1603), $750,000,000, to remain available until
expended: Provided, That of such amount $61,500,000 shall be
available until September 30, 2021, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities,
$14,000,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all
naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.), $195,000,000,
to remain available until expended: Provided, That, as
authorized by section 404 of the Bipartisan Budget Act of
2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary
of Energy shall draw down and sell not to exceed $450,000,000
of crude oil from the Strategic Petroleum Reserve in fiscal
year 2020: Provided further, That the proceeds from such
drawdown and sale shall be deposited into the ``Energy
Security and Infrastructure Modernization Fund'' during
fiscal year 2020: Provided further, That such amounts shall
be made available and shall remain available until expended
for necessary expenses to carry out the Life Extension II
project for the Strategic Petroleum Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of
petroleum products, and for other necessary expenses pursuant
to the Energy Policy and Conservation Act of 1975, as amended
(42 U.S.C. 6201 et seq.), sections 403 and 404 of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note),
and section 5010 of the 21st Century Cures Act (Public Law
114-255), $10,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $10,000,000, to remain available
until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$126,800,000, to remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $319,200,000, to
remain available until expended: Provided, That $200,000 of
the funds provided are for community support.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $881,000,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $5,250,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and purchase of not more than 33 passenger
motor vehicles including one bus, $7,000,000,000, to remain
available until expended: Provided, That of such amount,
$186,300,000 shall be available until September 30, 2021, for
program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), $425,000,000, to remain
available until expended: Provided, That of such amount,
$35,000,000 shall be available until September 30, 2021, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative
Technology Loan Guarantee Program, as authorized, $32,000,000
is appropriated, to remain available until September 30,
2021: Provided further, That up to $32,000,000 of fees
collected in fiscal year 2020 pursuant to section 1702(h) of
the Energy Policy Act of 2005 shall be credited as offsetting
collections under this heading and used for necessary
administrative expenses in this appropriation and shall
remain available until September 30, 2021: Provided further,
That to the extent that fees collected in fiscal year 2020
exceed $32,000,000, those excess amounts shall be credited as
offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2020 (estimated at
$3,000,000) and (2)
[[Page H10427]]
to the extent that any remaining general fund appropriations
can be derived from fees collected in previous fiscal years
that are not otherwise appropriated, so as to result in a
final fiscal year 2020 appropriation from the general fund
estimated at $0: Provided further, That the Department of
Energy shall not subordinate any loan obligation to other
financing in violation of section 1702 of the Energy Policy
Act of 2005 or subordinate any Guaranteed Obligation to any
loan or other debt obligations in violation of section 609.10
of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $5,000,000, to remain available
until September 30, 2021.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2021.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $22,000,000, to
remain available until expended: Provided, That, of the
amount appropriated under this heading, $5,000,000 shall be
available until September 30, 2021, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $254,378,000, to remain available until
September 30, 2021, including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further,
That moneys received by the Department for miscellaneous
revenues estimated to total $93,378,000 in fiscal year 2020
may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation from the
general fund estimated at not more than $161,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $54,215,000, to remain available until
September 30, 2021.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance for replacement only,
$12,457,097,000, to remain available until expended:
Provided, That of such amount, $107,660,000 shall be
available until September 30, 2021, for program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed two aircraft, $2,164,400,000, to remain
available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,648,396,000, to remain
available until expended, of which, $88,500,000 shall be
transferred to ``Department of Energy--Energy Programs--
Nuclear Energy'', for the Advanced Test Reactor: Provided,
That of such amount, $50,500,000 shall be available until
September 30, 2021, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $434,699,000,
to remain available until September 30, 2021, including
official reception and representation expenses not to exceed
$17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, $6,255,000,000, to
remain available until expended: Provided, That of such
amount, $281,119,000 shall be available until September 30,
2021, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and purchase of not more than one passenger
motor vehicle, $906,000,000, to remain available until
expended: Provided, That of such amount, $328,917,000 shall
be available until September 30, 2021, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
the Steigerwald Floodplain Restoration Project and, in
addition, for official reception and representation expenses
in an amount not to exceed $5,000: Provided, That during
fiscal year 2020, no new direct loan obligations may be made:
Provided further, Expenditures from the Bonneville Power
Administration Fund, established pursuant to Public Law 93-
454 are authorized and approved, without fiscal year
limitation, for the cost of current and future year purchases
or payments of emissions expenses associated with Bonneville
Power Administration power and transmission operations in
states with clean energy programs: Provided further, This
expenditure authorization is limited solely to Bonneville
Power Administration's voluntary purchase or payments made in
conjunction with state clean energy programs and is not a
broader waiver of Bonneville Power Administration's sovereign
immunity.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, including transmission wheeling and
ancillary services, pursuant to section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $6,597,000, including official
reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944, up to $6,597,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020
appropriation estimated at not more than $0: Provided
further, That notwithstanding 31 U.S.C. 3302, up to
$56,000,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $47,775,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $37,375,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration:
[[Page H10428]]
Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received
during the fiscal year so as to result in a final fiscal year
2020 appropriation estimated at not more than $10,400,000:
Provided further, That notwithstanding 31 U.S.C. 3302, up to
$43,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including rescission of funds)
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $262,959,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $262,959,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $173,587,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at
not more than $89,372,000, of which $89,372,000 is derived
from the Reclamation Fund: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $227,000,000 collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses): Provided further, That of the
unobligated balances from prior year appropriations available
under this heading, $176,000 is hereby permanently cancelled.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$3,160,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $2,932,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at
not more than $228,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2020, the
Administrator of the Western Area Power Administration may
accept up to $1,187,000 in funds contributed by United States
power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been
specifically appropriated for such purpose: Provided
further, That any such funds shall be available without
further appropriation and without fiscal year limitation for
use by the Commissioner of the United States Section of the
International Boundary and Water Commission for the sole
purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these
Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception
and representation expenses not to exceed $3,000, and the
hire of passenger motor vehicles, $382,000,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $382,000,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2020 shall be retained and used
for expenses necessary in this account, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
revenues are received during fiscal year 2020 so as to result
in a final fiscal year 2020 appropriation from the general
fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescission of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity
or to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of both Houses of Congress at
least 3 full business days in advance, none of the funds made
available in this title may be used to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including
a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days
of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less
than $1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear
cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Final Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify, and obtain the prior approval of,
the Committees on Appropriations of both Houses of Congress
at least 30 days prior to the use of any proposed
reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than
$5,000,000 or 10 percent, whichever is less, during the time
period covered by this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial
risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both
[[Page H10429]]
Houses of Congress of any waiver under paragraph (1) as soon
as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an
explanation of the substantial risk under paragraph (1) that
permitted such waiver.
(h) The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2020 until the enactment of the Intelligence
Authorization Act for fiscal year 2020.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified
as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of
Enterprise Assessments to ensure the project is in compliance
with nuclear safety requirements.
Sec. 304. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 305. (a) None of the funds made available in this or
any prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new
contracts with, or new agreements for Federal assistance to,
the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in
subsection (a) if the Secretary determines that such activity
is in the national security interests of the United States.
This waiver authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective
until 15 days after the date on which the Secretary submits
to the Committees on Appropriations of both Houses of
Congress, in classified form if necessary, a report on the
justification for the waiver.
Sec. 306. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination
by the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope
and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such
shortage, and that a draw down and sale of refined petroleum
product would assist directly and significantly in reducing
the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the
Strategic Petroleum Reserve. Proceeds from a sale under this
section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247), and such amounts shall be
available for obligation, without fiscal year limitation,
consistent with that section.
Sec. 307. Of the offsetting collections, including
unobligated balances of such collections, in the ``Department
of Energy--Power Marketing Administration--Colorado River
Basins Power Marketing Fund, Western Area Power
Administration'', $21,400,000 shall be transferred to the
``Department of Interior--Bureau of Reclamation--Upper
Colorado River Basin Fund'' for the Bureau of Reclamation to
carry out environmental stewardship and endangered species
recovery efforts.
Sec. 308. (a) Of the unobligated balances available from
amounts appropriated in prior Acts under the heading ``Title
III--Department of Energy--Energy Programs'', $12,723,000 is
hereby rescinded.
(b) No amounts may be rescinded under (a) from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 309. Beginning in fiscal year 2021 and for each
fiscal year thereafter, fees collected pursuant to subsection
(b)(1) of section 6939f of title 42, United States Code,
shall be deposited in ``Department of Energy--Energy
Programs--Non-Defense Environmental Cleanup'' as
discretionary offsetting collections.
Sec. 310. During fiscal year 2020 and each fiscal year
thereafter, notwithstanding any provision of title 5, United
States Code, relating to classification or rates of pay, the
Southeastern Power Administration shall pay any power system
dispatcher employed by the Administration a rate of basic pay
and premium pay based on those prevailing for similar
occupations in the electric power industry. Basic pay and
premium pay may not be paid under this section to any
individual during a calendar year so as to result in a total
rate in excess of the rate of basic pay for level V of the
Executive Schedule (section 5316 of such title).
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $175,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $31,000,000, to remain available until
September 30, 2021.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act, $30,000,000, to remain
available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses,
$15,000,000, to remain available until expended,
notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds
shall be available for construction projects in an amount not
to exceed 80 percent of total project cost for distressed
communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law
105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities:
Provided further, That notwithstanding any other provision of
law regarding payment of a non-Federal share in connection
with a grant-in-aid program, amounts under this heading shall
be available for the payment of such a non-Federal share for
programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $25,000,000, to remain
available until expended: Provided, That such amounts shall
be available for administrative expenses, notwithstanding
section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $250,000, to remain
available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $842,236,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $9,500,000 may be made
available for salaries, travel, and other support costs for
the Office of the Commission, to remain available until
September 30, 2021, of which, notwithstanding section
201(a)(2)(c) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(2)(c)), the use and expenditure shall only be
approved by a majority vote of the Commission: Provided
further, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$717,125,000 in fiscal year 2020 shall be retained and used
for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That of the amounts
appropriated under this heading, not less than $15,478,000
shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies,
and $14,500,000 shall be for international activities, except
that the amounts provided under this proviso shall not be
derived from fee revenues, notwithstanding 42 U.S.C. 2214:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2020 so as to result in a final fiscal year 2020
appropriation estimated at not more than $125,111,000:
Provided further, That of the amounts appropriated under this
heading, $10,500,000 shall be for university research and
development in areas relevant to the Commission's mission,
and $5,500,000 shall be for a Nuclear Science and Engineering
Grant Program that will support multiyear projects that do
not align with programmatic missions but are critical to
maintaining the discipline of nuclear science and
engineering.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $13,314,000, to remain available until September 30,
2021: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $10,929,000 in fiscal year 2020 shall be
retained
[[Page H10430]]
and be available until September 30, 2021, for necessary
salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2020 so as
to result in a final fiscal year 2020 appropriation estimated
at not more than $2,385,000: Provided further, That of the
amounts appropriated under this heading, $1,171,000 shall be
for Inspector General services for the Defense Nuclear
Facilities Safety Board, which shall not be available from
fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,600,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2021.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal
Commission Procedures when responding to Congressional
requests for information, consistent with Department of
Justice guidance for all federal agencies.
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall
notify the Committees on Appropriations of both Houses of
Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program funding level to
increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this
Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but
not later than 3 days after the date of the activity to which
a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver
and changes to funding levels to programs, projects, or
activities.
(c) Except as provided in subsections (a), (b), and (d),
the amounts made available by this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be
expended as directed in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or
activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to
another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any
authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to
another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish 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.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2020''.
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(including rescission of funds)
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,237,015,000, to remain available until September
30, 2021; of which $115,000,000 for annual and deferred
maintenance and $101,555,000 for the wild horse and burro
program, as authorized by Public Law 92-195 (16 U.S.C. 1331
et sec.), shall remain available until expended: Provided,
That of the funds made available for the wild horse and burro
program, $21,000,000 shall not be available for obligation
until 60 days after submission to the Congress of the
detailed plan described in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, 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 of authorizations.
In addition, $40,196,000 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 $1,237,015,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
Of the unobligated balances from amounts made available
under this heading in fiscal year 2017 or before, $19,000,000
is permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
construction
(including rescission of funds)
Of the unobligated balances from amounts made available
under this heading $5,400,000 is permanently rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
land acquisition
(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, $32,300,000, 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.
[[Page H10431]]
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; $112,094,000, 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.
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, $1,364,289,000, to remain available until
September 30, 2021: Provided, That not to exceed $20,318,000
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)): Provided further, That of
the amounts made available under this heading for central
office operations, $1,000,000 shall not be available for
obligation until the Landscape Conservation Cooperatives
report is received by the Committees on Appropriations of the
House of Representatives and the Senate in accordance with
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
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; $29,704,000, 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, $70,715,000, to be
derived from the Land and Water Conservation Fund and to
remain available until expended, of which, not more than
$10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004,
including not to exceed $320,000 for administrative expenses:
Provided, That none of the funds appropriated for specific
land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
Of the unobligated balances from amounts made available for
the Fish and Wildlife Service 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), $54,502,000,
to remain available until expended, of which $23,702,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund; and of which $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.), $46,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$4,910,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $15,000,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished,
[[Page H10432]]
$67,571,000, to remain available until expended: Provided,
That of the amount provided herein, $5,209,000 is for a
competitive grant program for Indian tribes not subject to
the remaining provisions of this appropriation: Provided
further, That $7,362,000 is for a competitive grant program
to implement approved plans for States, territories, and
other jurisdictions and at the discretion of affected States,
the regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$12,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2020 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2021, shall be reapportioned, together with funds
appropriated in 2022, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title, and which are used pursuant to law in
connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding 31
U.S.C. 3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be
available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot
type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of
the National Park Service, $2,576,992,000, of which
$10,282,000 for planning and interagency coordination in
support of Everglades restoration and $135,950,000 for
maintenance, repair, or rehabilitation projects for
constructed assets and $153,575,000 for cyclic maintenance
projects for constructed assets and cultural resources and
$5,000,000 for uses authorized by section 101122 of title 54,
United States Code shall remain available until September 30,
2021: Provided, That funds appropriated under this heading
in this Act are available for the purposes of section 5 of
Public Law 95-348: Provided further, That notwithstanding
section 9(a) of the United States Semiquincentennial
Commission Act of 2016 (Public Law 114-196; 130 Stat. 691),
$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 notwithstanding section 9 of the 400
Years of African-American History Commission Act (36 U.S.C.
note prec. 101; Public Law 115-102), $3,300,000 of the funds
provided under this heading shall be made available for the
purposes specified by that Act: Provided further, That
sections (7)(b) and (8) of that Act shall be amended by
striking ``July 1, 2020'' and inserting ``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, $71,166,000.
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), $118,660,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2021, of which $16,000,000 shall be for
Save America's Treasures grants for preservation of national
significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of
2009 (54 U.S.C. 3089): Provided, That an individual Save
America's Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only
be eligible for one grant: Provided further, That all
projects to be funded shall be approved by the Secretary of
the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the
funds provided for the Historic Preservation Fund, $750,000
is for competitive grants for the survey and nomination of
properties to the National Register of Historic Places and as
National Historic Landmarks associated with communities
currently under-represented, as determined by the Secretary,
$18,750,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, $10,000,000 is for
grants to Historically Black Colleges and Universities, and
$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,
$389,345,000, to remain available until expended: Provided,
That notwithstanding any other provision of 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, $208,400,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $140,000,000 is for the State
assistance program and of which $13,000,000 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, $15,000,000, 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.
[[Page H10433]]
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. 203.
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; $1,270,957,000, to
remain available until September 30, 2021; of which
$84,337,000 shall remain available until expended for
satellite operations; and of which $76,164,000 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, $191,611,000, of which $131,611,000
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 $131,611,000: 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
(including rescission of funds)
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, $149,333,000, of which
$123,333,000 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
$123,333,000: Provided further, That of the unobligated
balances from amounts made available under this heading
$4,788,000 is permanently rescinded: 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.
For an additional amount, $43,479,000, 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 $43,479,000, the amounts realized in excess of
$43,479,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2020, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,899,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, $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 $117,768,000.
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
[[Page H10434]]
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 explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated 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 explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated 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 transfers 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.), $1,577,110,000, 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 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 United
States Customs and Border Protection to supplement any other
funding available for reconstruction or repair of roads owned
by the Bureau of Indian Affairs as identified on the National
Tribal Transportation Facility Inventory, 23 U.S.C.
202(b)(1).
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Bureau of Indian Affairs and the Bureau of Indian
Education for fiscal year 2020, such sums as may be
necessary, which shall be available for obligation through
September 30, 2021: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account.
construction
(including transfers 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; $128,591,000, 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 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,
$11,779,000, of which $1,590,000 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 $183,476,740.
bureau of indian education
operation of indian education programs
(including transfers 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.), $943,077,000, 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 $702,837,000 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. 2008), not to exceed $83,407,000 within and only
from such amounts made available for school operations shall
be available for administrative cost grants associated with
grants approved prior to July 1, 2020: Provided further,
That in order to enhance the safety of Bureau field
employees, the Bureau may use funds to purchase uniforms or
other identifying articles of clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the
operation of Indian education programs, including
architectural and engineering services by contract;
acquisition of lands, and interests in lands; $248,257,000 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, not later than 18 months after
the date of the enactment of this Act, any Public Law 100-297
(25 U.S.C. 2501, et seq.) grantee receiving funds
appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and
commenced construction.
administrative provisions
(including transfers of funds)
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
[[Page H10435]]
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 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 of 1994 (Public Law 103-413).
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 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 for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian
Education Programs may be used to execute requested
adjustments in tribal priority allocations initiated by an
Indian Tribe.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $131,832,000, to remain available until
September 30, 2021; of which no less than $1,000,000 shall be
for the hiring of additional personnel to assist the
Department with its compliance responsibilities under 5
U.S.C. 552; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of
Mines; and of which $10,000,000 for the Appraisal and
Valuation Services 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'' and Bureau of Indian
Education ``Operation of Indian Education Programs'' accounts
and the Office of the Special Trustee for American Indians
``Federal Trust Programs'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2020, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2020, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $102,881,000, of which: (1) $93,390,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands, as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $9,491,000
shall be available until September 30, 2021, for salaries and
expenses of the Office of Insular Affairs: Provided, That
all financial transactions of the territorial and local
governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by
such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding
shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands
approved by Public Law 104-134: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for
disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford
Disaster
[[Page H10436]]
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,
$55,986,000, to remain available until September 30, 2021.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer and rescission of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $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''
and Bureau of Indian Education, ``Operation of Indian
Education Programs'' accounts; 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.
Of the unobligated balances from amounts made available for
the Office of the Special Trustee for American Indians,
$3,000,000 is permanently rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $952,338,000,
to remain available until expended, of which not to exceed
$18,427,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation
accounts from which funds were previously transferred for
such purposes: Provided further, That of the funds provided
$194,000,000 is for fuels management activities: Provided
further, That of the funds provided $20,470,000 is for burned
area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between
the Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties:
Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes
of fuels management activities, may obtain maximum
practicable competition among: (1) local private, nonprofit,
or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to
field units to ensure accountability and consistent
application of the authorities provided herein: Provided
further, That funds appropriated under this heading may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in
connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into leases of real
property with local governments, at or below fair market
value, to construct capitalized improvements for 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.
[[Page H10437]]
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' for wildfire suppression
operations, $300,000,000, to remain available until
transferred, 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
such amounts may be transferred to and merged with amounts
made available under the headings ``Department of
Agriculture--Forest Service--Wildland Fire Management'' and
``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' for wildfire suppression
operations in the fiscal year in which such amounts are
transferred: Provided further, That amounts may be
transferred to the ``Wildland Fire Management'' accounts in
the Department of Agriculture or the Department of the
Interior only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds
will be transferred will be obligated within 30 days:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided by law.
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.
For an additional amount for a competitive grant program to
fund radium decontamination and remediation at any land-grant
university that has been subjected to such contamination as a
result of actions of the former United States Bureau of
Mines, $12,000,000.
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, $55,735,000, 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. The
Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer
of any funds under this section, including the amount
expended or transferred and how the funds will be used.
[[Page H10438]]
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) Fees for inspection of well operations conducted via
non-rig units as outlined in title 30 CFR 250 subparts D, E,
F, and Q shall be assessed for all inspections completed in
fiscal year 2020. Fees for fiscal year 2020 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under
subsection (b) quarterly, with payment required within 30
days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing. The Secretary shall bill
designated operators under subsection (d) with payment
required by the end of the following quarter.
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.
department of the interior experienced services program
Sec. 111. (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.
obligation of funds
Sec. 112. 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.
extension of authorities
Sec. 113. (a) Section 512 of title V of division J of
Public Law 108-447 is amended by striking ``on the date that
is 15 years after the date that funds are first made
available for this title.'' and inserting ``after September
30, 2022.''.
(b) Section 608 of title VI of division J of Public Law
108-447 is amended by striking ``the expiration of the 15-
year period beginning on the date that funds are first made
available for this title.'' and inserting ``September 30,
2022.''.
(c) Section 109 of title I of Public Law 103-449, as
amended by Public Law 111-11, title VIII section 8201(c), is
further amended by striking ``$15,000,000'' and inserting
``$17,000,000''.
(d) Section 608(a) of division II of Public Law 104-333, as
amended by Public Law 110-229 section 461, is further amended
by striking ``$15,000,000'' and inserting ``$17,000,000''.
(e) Section 810(a)(1) of title VIII of division B of
appendix D of Public Law 106-554, as amended by Public Law
115-31, division G, title I section 115(b), is further
amended by striking ``$12,000,000'' and inserting
``$14,000,000''.
separation of accounts
Sec. 114. The Secretary of the Interior, in order to
implement an orderly transition to separate accounts of the
Bureau of Indian Affairs and the Bureau of Indian Education,
may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in
conformance with the reprogramming guidelines described in
this Act.
payments in lieu of taxes (pilt)
Sec. 115. Section 6906 of title 31, United States Code,
shall be applied by substituting ``fiscal year 2020'' for
``fiscal year 2019''.
sage-grouse
Sec. 116. 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.
disclosure of departure or alternate procedure approval
Sec. 117. (a) Subject to subsection (b), beginning no later
than 180 days after the enactment of this Act, in any case in
which the Bureau of Safety and Environmental Enforcement or
the Bureau of Ocean Energy Management prescribes or approves
any departure or use of alternate procedure or equipment, in
regards to a plan or permit, under 30 C.F.R. Sec. 585.103,
30 C.F.R. Sec. 550.141; 30 C.F.R. Sec. 550.142; 30 C.F.R.
Sec. 250.141, or 30 C.F.R. Sec. 250.142, the head of such
bureau shall post a description of such departure or
alternate procedure or equipment use approval on such
bureau's publicly available website not more than 15 business
days after such issuance.
(b) The head of each bureau may exclude confidential
business information.
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,
$716,449,000, to remain available until September 30, 2021:
Provided, That of the funds included under this heading,
$6,000,000 shall
[[Page H10439]]
be for Research: National Priorities as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated 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,
$2,663,356,000, 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 explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That of the funds
included under this heading, $510,276,000 shall be for
Geographic Programs specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
In addition, $5,000,000 to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year
2020 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available
until expended: Provided further, That the sum herein
appropriated in this paragraph from the general fund for
fiscal year 2020 shall be reduced by the amount of
discretionary offsetting receipts received during fiscal year
2020, so as to result in a final fiscal year 2020
appropriation from the general fund estimated at not more
than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $5,000,000, those amount
in excess of $5,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2020, shall be retained and used for necessary
salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the
funds included in the first paragraph under this heading, the
Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any
fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the
Solid Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by
such section, $8,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2020, which
shall remain available until expended and be used for
necessary expenses in this appropriation, so as to result in
a final fiscal year 2020 appropriation from the general fund
estimated at not more than $0: Provided further, That to the
extent such offsetting collections received in fiscal year
2020 exceed $8,000,000, those excess amounts shall remain
available until expended and be used for necessary expenses
in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $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,
$33,598,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611), and hire, maintenance, and
operation of aircraft, $1,184,755,000, 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 $1,184,755,000
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, $11,586,000 shall be
paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2021, and $30,747,000
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, including hire, maintenance, and operation of
aircraft, $19,581,000, 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, $4,246,232,000, 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
[[Page H10440]]
Act and former Indian reservations in Oklahoma (as determined
by the Secretary of the Interior) and Native Villages as
defined in Public Law 92-203: Provided further, That for
fiscal year 2020, notwithstanding the limitation on amounts
in section 518(c) of the Federal Water Pollution Control Act,
up to a total of 2 percent of the funds appropriated, or
$30,000,000, whichever is greater, and notwithstanding the
limitation on amounts in section 1452(i) of the Safe Drinking
Water Act, up to a total of 2 percent of the funds
appropriated, or $20,000,000, whichever is greater, for State
Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2020, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2020,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water
State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State
Revolving Fund capitalization grants and 14 percent of the
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible
recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act, or
where such debt was incurred prior to the date of enactment
of this Act if the State, with concurrence from the
Administrator, determines that such funds could be used to
help address a threat to public health from heightened
exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 14 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to
eligible recipients;
(2) $25,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure;
(3) $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) $89,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That at least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided further, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more
of its population living in poverty over the past 30 years,
as measured by the 1990 and 2000 decennial censuses and the
most recent Small Area Income and Poverty Estimates, or any
territory or possession of the United States;
(5) $87,000,000 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 explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated 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) $25,408,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act
(42 U.S.C. 300j-19a);
(9) $26,000,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(10) $19,511,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(11) $3,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(12) $12,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act (33
U.S.C. 1254(b)(8));
(13) $28,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $1,000,000 shall be for grants under section 4304(b)
of the America's Water Infrastructure Act of 2018 (Public Law
115-270); and
(15) $1,075,907,000 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; $13,000,000 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, $55,000,000, 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 $11,500,000,000: 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:
Provided further, That the Administrator, together with the
Director of the Office of Management and Budget and the
Secretary of the Treasury, shall jointly develop criteria for
project eligibility for direct loans and loan guarantees
authorized by the Water Infrastructure Finance and Innovation
Act of 2014 that limit Federal participation in a project
consistent with the requirements for the budgetary treatment
provided for in section 504 of the Federal Credit Reform Act
of 1990 and based on the recommendations contained in the
1967 Report of the President's Commission on Budget Concepts;
and the Administrator, the Director, and the Secretary,
shall, not later than 120 days after the date of enactment of
this Act, publish such criteria in the Federal Register:
Provided further, That, in developing the criteria to be
used, the Administrator, the Director, and the Secretary,
shall consult with the Director of the Congressional Budget
Office: Provided further, That the requirements of section
553 of title 5, United States Code, shall not apply to the
development and publication of such criteria: Provided
further, That the use of direct loans or loan guarantee
authority under this heading for direct loans or commitments
to guarantee loans for any project shall be in accordance
with the criteria published pursuant to this Act: Provided
further, That the Administrator, the Director, and the
Secretary, shall also certify, and publish such certification
in the Federal Register, that the criteria is compliant with
this paragraph, at the same time the Administrator,
[[Page H10441]]
the Director, and the Secretary, publish the criteria in the
Federal Register: Provided further, That the Administrator
may not issue a Notice of Funding Availability for
applications for credit assistance under the Water
Infrastructure Finance and Innovation Act Program in fiscal
year 2020 until the criteria have been developed and
published pursuant to the fourth proviso and certified
pursuant to the previous proviso: Provided further, That
none of the direct loans or loan guarantee authority made
available under this heading shall be available for any
project unless the Administrator and the Director of the
Office of Management and Budget have certified in advance in
writing that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria
developed and published pursuant to this Act: Provided
further, That the criteria developed and published pursuant
to this Act shall not apply to the use of direct loans or
loan guarantee authority provided by prior appropriations
Acts: Provided further, That not later than 15 days after
the date upon which criteria have been published pursuant to
the fourth proviso, the Administrator shall report to the
Committees on Appropriations of the House of Representatives
and Senate, the Committees on Energy and Commerce and
Transportation and Infrastructure of the House of
Representatives, and the Committee on Environment and Public
Works of the Senate on any statutory improvements to the
Water Infrastructure Finance and Innovation Act of 2014 or to
the Water Infrastructure Finance and Innovation Act Program
Account's appropriations language that would further align
such Act and such language with the budgetary treatment and
recommendations referred to in the fourth proviso: Provided
further, That, for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the
Administrator shall promptly provide, documentation and
information relating to a project identified in a Letter of
Interest submitted to the Administrator pursuant to a Notice
of Funding Availability for applications for credit
assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project
that was initiated or completed before the date of enactment
of this 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, $5,000,000, to remain available until September 30,
2021.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 116-8, the Pesticide Registration Improvement
Extension Act of 2018.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2020.
The Administrator is authorized to transfer up to
$320,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000
per project.
For fiscal year 2020, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2020 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $1,350,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
The fourth paragraph under heading ``Administrative
Provisions'' in title II of Public Law 109-54 is amended by
striking ``2020'' and inserting ``2025''.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries
and expenses are available to fund up to one administrative
support staff for the office.
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $305,000,000, to remain available through
September 30, 2023: Provided, That of the funds provided,
$77,000,000 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,
$346,990,000, 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,
$1,957,510,000, 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 of
the funds provided, $373,000,000 shall be for forest
products: Provided further, That of the funds provided,
$445,310,000 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, $455,000,000, 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,
[[Page H10442]]
including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and
trails by the Forest Service as authorized by 16 U.S.C. 532-
538 and 23 U.S.C. 101 and 205: Provided, That funds becoming
available in fiscal year 2020 under the Act of March 4, 1913
(16 U.S.C. 501) shall be transferred to the General Fund of
the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are
appropriated.
land acquisition
(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, $78,898,000, 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, $2,350,620,000, to remain available
until expended: 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.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of Agriculture--Forest Service--Wildland Fire
Management'' for wildfire suppression operations,
$1,950,000,000, to remain available until transferred, 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 such amounts may
be transferred to and merged with amounts made available
under the headings ``Department of the Interior--Department-
Wide Programs--Wildland Fire Management'' and ``Department of
Agriculture--Forest Service--Wildland Fire Management'' for
wildfire suppression operations in the fiscal year in which
such amounts are transferred: Provided further, That amounts
may be transferred to the ``Wildland Fire Management''
accounts in the Department of the Interior or the Department
of Agriculture only upon the notification of the House and
Senate Committees on Appropriations that all wildfire
suppression operations funds appropriated under that heading
in this and prior appropriations Acts to the agency to which
the funds will be transferred will be obligated within 30
days: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer
authority provided by law.
communications site administration
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public
Law 115-334), as amended by this Act, shall be deposited in
the special account established by section 8705(f)(1) of such
Act, shall be available to cover the costs described in
subsection (c)(3) of such section of such Act, and shall
remain available until expended: Provided, That such amounts
shall be transferred to the ``National Forest System''
account.
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 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,
[[Page H10443]]
and international organizations. The Forest Service, acting
for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical
assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-171 (7 U.S.C.
8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain information technology services, including
telecommunications and system modifications or enhancements,
from the Working Capital Fund of the Department of
Agriculture.
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, $4,315,205,000 to
remain available until September 30, 2021, except as
otherwise provided herein, together with payments received
during the fiscal year pursuant to sections 231(b) and 233 of
the Public Health Service Act (42 U.S.C. 238(b) and 238b),
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That $2,000,000 shall be
available for grants or contracts with public or private
institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided
further, That $964,819,000 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
$40,000,000 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, $125,000,000 shall
remain available until expended to supplement funds available
for operational costs at tribal clinics operated under an
Indian Self-Determination and Education Assistance Act
compact or contract where health care is delivered in space
acquired through a full service lease, which is not eligible
for maintenance and improvement and equipment funds from the
Indian Health Service, and $58,000,000 shall be for costs
related to or resulting from accreditation emergencies,
including supplementing activities funded under the heading
``Indian Health Facilities,'' of which up to $4,000,000 may
be used to supplement amounts otherwise available for
Purchased/Referred Care: Provided further, That the amounts
collected by the Federal Government as authorized by sections
104 and 108 of the Indian Health Care Improvement Act (25
U.S.C. 1613a and 1616a) during the preceding fiscal year for
breach of contracts shall be deposited in the Fund authorized
by section 108A of that Act (25 U.S.C. 1616a-1) and shall
remain available until expended and, notwithstanding section
108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be
available to make new awards under the loan repayment and
scholarship programs under sections 104 and 108 of that Act
(25 U.S.C. 1613a and 1616a): Provided further, That the
amounts made available within this account for the Substance
Abuse and Suicide Prevention Program, for Opioid Prevention,
Treatment and Recovery Services, for the Domestic Violence
Prevention Program, for the Zero Suicide Initiative, for the
housing subsidy authority for civilian employees, for
Aftercare Pilot Programs at Youth Regional Treatment Centers,
for transformation and modernization costs of the Indian
Health Service Electronic Health Record system, for national
quality and oversight activities, to improve collections from
public and private insurance at Indian Health Service and
tribally operated facilities, and for accreditation
emergencies shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain
available until expended: Provided further, That funds
provided in this Act may be used for annual contracts and
grants that fall within 2 fiscal years, provided the total
obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected
by the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available until expended
for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the
Social Security Act, except for those related to the
planning, design, or construction of new facilities:
Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal
[[Page H10444]]
organizations until expended: Provided further, That the
Bureau of Indian Affairs may collect from the Indian Health
Service, and from tribes and tribal organizations operating
health facilities pursuant to Public Law 93-638, such
individually identifiable health information relating to
disabled children as may be necessary for the purpose of
carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.):
Provided further, That of the funds provided, $72,280,000 is
for the Indian Health Care Improvement Fund and may be used,
as needed, to carry out activities typically funded under the
Indian Health Facilities account: Provided further, That
none of the funds appropriated by this Act to the Indian
Health Service for the Electronic Health Record system shall
be available for obligation or expenditure for the selection
or implementation of a new Information Technology
infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate
are consulted 90 days in advance of such obligation.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Indian Health Service for fiscal year 2020, such sums as
may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, 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, $911,889,000 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: Provided
further, That not to exceed $2,700,000 from this account and
the ``Indian Health Services'' account may be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health
Service and the General Services Administration: Provided
further, That not to exceed $500,000 may be placed in a
Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and
for expenses of attendance at meetings that relate to the
functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall
be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638: Provided further, That
funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided
further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the
funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for
the health care services of the Indian Health Service until
the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed
final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further,
That with respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in
advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
from which the funds were originally derived, with such
amounts to remain available until expended: Provided
further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative,
and overhead costs associated with the provision of goods,
services, or technical assistance: Provided further, That
the Indian Health Service may provide to civilian medical
personnel serving in hospitals operated by the Indian Health
Service housing allowances equivalent to those that would be
provided to members of the Commissioned Corps of the United
States Public Health Service serving in similar positions at
such hospitals: Provided further, That the appropriation
structure for the Indian Health Service may not be altered
without advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $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.
[[Page H10445]]
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $12,000,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any
other provision of law, the Inspector General of the Board
shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions
within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$7,500,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home:
Provided further, That the Office shall relocate any
certified eligible relocatees who have selected and received
an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88
Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$10,458,000, which shall become available on July 1, 2020,
and shall remain available until September 30, 2021.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$793,658,000, to remain available until September 30, 2021,
except as otherwise provided herein; of which not to exceed
$6,908,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations:
Provided further, 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 any agreement entered into by the Smithsonian
Institution for the sale of its ownership interest, or any
portion thereof, in such building so acquired may not take
effect until the expiration of a 30 day period which begins
on the date on which the Secretary submits to the Committees
on Appropriations of the House of Representatives and Senate,
the Committees on House Administration and Transportation and
Infrastructure of the House of Representatives, and the
Committee on Rules and Administration of the Senate a report,
as outlined in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act), on the intended sale.
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,
$253,700,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by
5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $147,022,000,
to remain available until September 30, 2021, of which not to
exceed $3,660,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years,
that address space needs created by the ongoing renovations
in the Master Facilities Plan, as authorized, $26,203,000, 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 the Smithsonian
Institution: Provided further, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $25,690,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $17,800,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $14,000,000, to remain available
until September 30, 2021.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $162,250,000
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, $162,250,000 to
remain
[[Page H10446]]
available until expended, of which $147,750,000 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 $14,500,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $12,500,000 for the purposes
of section 7(h): Provided, That appropriations for carrying
out section 10(a)(2) shall be available for obligation only
in such amounts as may be equal to the total amounts of
gifts, bequests, devises of money, and other property
accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds
appropriated to the National Foundation on the Arts and the
Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further,
That the Chairperson of the National Endowment for the Arts
may approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $3,240,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study, or education: Provided further,
That one-tenth of one percent of the funds provided under
this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $5,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $7,378,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109,
$8,124,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$60,388,000, of which $715,000 shall remain available until
September 30, 2022, for the Museum's equipment replacement
program; and of which $2,000,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to
the Secretary of the Treasury pursuant to section 104(d)(3)
of the Omnibus Parks and Public Lands Management Act of 1996
(Public Law 104-333), in an amount not to exceed $10,000,000.
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 September 30, 2021:
Provided, That in addition to the authority provided by
section 6(g) of such Act, the World War I Commission may
accept money, in-kind personnel services, contractual
support, or any appropriate support from any executive branch
agency for activities of the Commission.
alyce spotted bear and walter soboleff commission on native children
(including transfer of funds)
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this
paragraph as the ``Commission''), $500,000, to remain
available until September 30, 2021: Provided, That amounts
made available to the Commission under the heading
``Department of the Interior--Departmental Operations--Office
of the Secretary--Departmental Operations'' in division E of
the Consolidated Appropriations Act, 2019 (Public Law 116-6)
may be transferred to or merged with such amounts: Provided
further, That in addition to the authority provided by
section 3(g)(5) and 3(h) of Public Law 114-244, the
Commission may hereafter accept in-kind personnel services,
contractual support, or any appropriate support from any
executive branch agency for activities of the Commission.
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
[[Page H10447]]
Health Service, Contract Support Costs'' and ``Department of
the Interior, Bureau of Indian Affairs and Bureau of Indian
Education, Contract Support Costs'' are the only amounts
available for contract support costs arising out of self-
determination or self-governance contracts, grants, compacts,
or annual funding agreements for fiscal year 2020 with the
Bureau of Indian Affairs, Bureau of Indian Education, and the
Indian Health Service: Provided, That such amounts provided
by this Act are not available for payment of claims for
contract support costs for prior years, or for repayments of
payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not
apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity within 60 days of enactment of
this Act.
alyce spotted bear and walter soboleff commission on native children
Sec. 415. Section 3(a) of the Alyce Spotted Bear and
Walter Soboleff Commission on Native Children Act (Public Law
114-244) is amended by striking ``in the Office of Tribal
Justice of the Department of Justice.''.
forest service communications site administration
Sec. 416. Subsection (f) of section 8705 of the
Agriculture Improvement Act of 2018 (Public Law 115-334) is
amended by striking paragraph (2) and inserting the
following:
``(2) Requirements for fees collected.--Fees collected by
the Forest Service under subsection (c)(3) shall be--
``(A) collected only to the extent provided in advance in
appropriations Acts;
``(B) based on the costs described in subsection (c)(3);
and
``(C) competitively neutral, technology neutral, and
nondiscriminatory with respect to other users of the
communications site.''.
extension of grazing permits
Sec. 417. 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. 418. (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.
humane transfer and treatment of animals
Sec. 419. (a) Notwithstanding any other provision of law,
the Secretary of the Interior, with respect to land
administered by the Bureau of Land Management, or the
Secretary of Agriculture, with respect to land administered
by the Forest Service (referred to in this section as the
``Secretary concerned''), may transfer excess wild horses and
burros that have been removed from land administered by the
Secretary concerned to other Federal, State, and local
government agencies for use as work animals.
[[Page H10448]]
(b) The Secretary concerned may make a transfer under
subsection (a) immediately on the request of a Federal,
State, or local government agency.
(c) An excess wild horse or burro transferred under
subsection (a) shall lose status as a wild free-roaming horse
or burro (as defined in section 2 of Public Law 92-195
(commonly known as the ``Wild Free-Roaming Horses and Burros
Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving
an excess wild horse or burro pursuant to subsection (a)
shall not--
(1) destroy the horse or burro in a manner that results in
the destruction of the horse or burro into a commercial
product;
(2) sell or otherwise transfer the horse or burro in a
manner that results in the destruction of the horse or burro
for processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available
for--
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary
concerned (including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 420. Section 503(f) of Public Law 109-54 (16 U.S.C.
580d note) shall be applied by substituting ``September 30,
2020'' for ``September 30, 2019''.
use of american iron and steel
Sec. 421. (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.
rescission of funds
Sec. 422. Any amounts made available for fiscal year 2020
pursuant to section 8705(f)(2) of Public Law 115-334 as
amended by this Act, are hereby rescinded.
john f. kennedy center reauthorization
Sec. 423. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b)
and inserting the following:
``(a) Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H), $25,690,000 for fiscal year 2020.
``(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $17,800,000 for fiscal year 2020.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 424. 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. 425. 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''.
reprogramming guidelines
Sec. 426. None of the funds made available in this Act, in
this and prior fiscal years, may be reprogrammed without the
advance approval of the House and Senate Committees on
Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
project information
Sec. 427. (a) Within 60 days of the submission of the
fiscal year 2021 budget or by April 1, 2020, whichever comes
first, the Secretary of the Interior and the Secretary of
Agriculture shall submit to the Committees on Appropriations
of the House of Representatives and the Senate prioritized
and detailed lists of Federal land acquisition projects, and
Forest Legacy projects, that have been identified by each
land management Agency.
(b) The Federal land acquisition project lists required by
each Agency in subsection (a) shall include individual
projects for the National Park Service, the U.S. Fish and
Wildlife Service, the Bureau of Land Management, and the U.S.
Forest Service, and shall total for each agency no less than
150 percent of the amount enacted for that agency for the
previous fiscal year.
local contractors
Sec. 428. Section 412 of Division E of Public Law 112-74
shall be applied by substituting ``fiscal year 2020'' for
``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 429. Section 422 of division F of Public Law 110-161
(121 Stat 1844), as amended, shall be applied by substituting
``fiscal year 2020'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 430. Section 426 of division G of Public Law 113-76
(16 U.S.C. 565a-1 note) shall be applied by substituting
``September 30, 2020'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 431. The authority provided by the 19th unnumbered
paragraph under heading ``Administrative Provisions, Forest
Service'' in title III of Public Law 109-54, as amended,
shall be applied by substituting ``fiscal year 2020'' for
``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 432. Section 339 of the Department of the Interior
and Related Agencies Appropriations Act, 2000 (as enacted
into law by Public Law 106-113; 16 U.S.C. 528 note), as
amended by section 335(6) of Public Law 108-108 and section
432 of Public Law 113-76, shall be applied by substituting
``fiscal year 2020'' for ``fiscal year 2019''.
alaska native regional health entities authorization extension
Sec. 433. 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
``October 1, 2020'' for ``October 1, 2019''.
chesapeake bay initiative
Sec. 434. Section 502(c) of the Chesapeake Bay Initiative
Act of 1998 (Public Law 105-312; 54 U.S.C. 320101 note) shall
be applied by substituting ``fiscal year 2020'' for ``fiscal
year 2019''.
forest service budget restructure
Sec. 435. (a) The Secretary of Agriculture shall establish
the ``Forest Service Operations'' account not later than
October 1, 2020, for the necessary expenses of the Forest
Service: (1) for the base salary and expenses of employees in
the Chief's Office, the Work Environment and Performance
Office, the Business Operations Deputy Area, and the Chief
Financial Officer's Office to carry out administrative and
general management support functions; (2) for the costs of
facility maintenance, repairs, and leases for buildings and
sites; (3) for the costs of utility and communication
expenses, business services, and information technology,
including cybersecurity requirements; and (4) for such other
administrative support function expenses necessary for the
operation of the Forest Service.
(b) Subsequent to the establishment of the account under
subsection (a), the Secretary of Agriculture may execute
appropriations of the Department for fiscal year 2021 as
provided pursuant to such subsection, including any
continuing appropriations made available for fiscal year 2021
before enactment of a regular appropriations Act.
(c) Notwithstanding any other provision of law, the
Secretary of Agriculture may transfer any unobligated
balances made available to the Forest Service by this or
prior appropriations Acts to the account established under
subsection (a) to carry out such subsection, and shall notify
the Committees on Appropriations of the Senate and the House
of Representatives within 5 days of such transfer: Provided,
That no amounts may be transferred from amounts that were
made available for wildfire suppression operations
[[Page H10449]]
pursuant to section 251(b)(2)(F) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(d)(1) Not later than November 1, 2020, the Secretary of
Agriculture shall establish the preliminary baseline for
application of transfer authorities and submit the report
specified in paragraph (2) to the Committees on
Appropriations for the Senate and the House of
Representatives.
(2) The report required in this subsection shall include--
(A) a delineation of the amount and account of each
transfer made pursuant to subsection (b) or (c);
(B) a table for each appropriation with a separate column
to display the fiscal year 2020 enacted levels, adjustments
made by Congress, adjustments due to enacted rescissions, if
appropriate, and adjustments made pursuant to the transfer
authority in subsection (b) or (c), and the resulting fiscal
year level;
(C) a delineation in the table for each appropriation,
adjusted as described in paragraph (2), both by budget
activity and program, project, and activity as detailed in
the Budget Appendix; and
(D) an identification of funds directed for a specific
activity.
timber sale requirements
Sec. 436. 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 use of funds
Sec. 437. 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. 438. 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. 439. 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.
policies relating to biomass energy
Sec. 440. 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. 441. 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.
chaco canyon
Sec. 442. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under
43 CFR 3120.3 et seq, or to offer for oil and gas leasing,
any Federal lands within the withdrawal area identified on
the map of the Chaco Culture National Historical Park
prepared by the Bureau of Land Management and dated April 2,
2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
david r. obey northern great lakes visitor center
Sec. 443. (a) Designation.--The Northern Great Lakes
Visitor Center located in Ashland, Wisconsin, the title to
which is owned by the Forest Service, shall be known and
designated as the ``David R. Obey Northern Great Lakes
Visitor Center''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``David R. Obey Northern Great Lakes
Visitor Center''.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2020''.
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate,
$39,920; Majority Whip of the Senate, $9,980; Minority Whip
of the Senate, $9,980; President Pro Tempore Emeritus,
$15,000; Chairmen of the Majority and Minority Conference
Committees, $4,690 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $4,690 for each
Chairman; in all, $189,840.
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all,
$28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$216,321,170, which shall be paid from this appropriation as
follows:
office of the vice president
For the Office of the Vice President, $2,533,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $759,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus,
$326,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders,
$5,506,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,525,000.
committee on appropriations
For salaries of the Committee on Appropriations,
$15,793,000.
conference committees
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,738,000 for each such
committee; in all, $3,476,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $862,000.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,776,000 for each such
committee; in all, $3,552,000.
office of the chaplain
For Office of the Chaplain, $510,000.
office of the secretary
For Office of the Secretary, $26,818,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$85,867,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,940,000.
agency contributions and related expenses
For agency contributions for employee benefits, as
authorized by law, and related expenses, $64,854,170.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,397,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,197,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,110; Sergeant at Arms and
[[Page H10450]]
Doorkeeper of the Senate, $7,110; Secretary for the Majority
of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $133,265,000, of which $26,650,000 shall remain
available until September 30, 2022.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on
International Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$14,536,000 of which $11,436,000 shall remain available until
September 30, 2024 and of which $3,100,000 shall remain
available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $128,753,000, which shall remain
available until September 30, 2024.
miscellaneous items
For miscellaneous items, $18,871,410 which shall remain
available until September 30, 2022.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense
Account, $449,000,000 of which $20,128,950 shall remain
available until September 30, 2022 and of which $6,000,000
shall be allocated solely for the purpose of providing
financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the
Senate, $300,000.
Administrative Provision
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading
``SENATE'' under the heading ``Contingent Expenses of the
Senate'' under the heading ``senators' official personnel and
office expense account'' shall be available for obligation
only during the fiscal year or fiscal years for which such
amounts are made available. Any unexpended balances under
such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance
with the undesignated paragraph under the center heading
``GENERAL PROVISION'' under chapter XI of the Third
Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used
for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing
the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,370,725,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law,
$28,884,000, including: Office of the Speaker, $8,295,000,
including $25,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $2,947,000, including
$10,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $8,295,000, including $10,000
for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$2,448,000, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $2,219,000, including $5,000 for
official expenses of the Minority Whip; Republican
Conference, $2,340,000; Democratic Caucus, $2,340,000:
Provided, That such amount for salaries and expenses shall
remain available from January 3, 2020 until January 2, 2021.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$615,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the
Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a)
for the compensation of interns who serve in the offices of
Members of the House of Representatives, $11,025,000, to
remain available through December 31, 2020: Provided, That
notwithstanding section 120(b) of such Act, an office of a
Member of the House of Representatives may use not more than
$25,000 of the allowance available under this heading during
calendar year 2020.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of this Act
for the compensation of interns who serve in House leadership
offices, $365,000, to remain available through December 31,
2020: Provided, That of the amount provided under this
heading, $200,000 shall be available for the compensation of
interns who serve in House leadership offices of the
majority, to be allocated among such offices by the Speaker
of the House of Representatives, and $165,000 shall be
available for the compensation of interns who serve in House
leadership offices of the minority, to be allocated among
such offices by the Minority Floor Leader.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $135,359,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2020, except that
$2,850,000 of such amount shall remain available until
expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $24,269,000, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2020.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $231,903,000, including: for salaries and
expenses of the Office of the Clerk, including the positions
of the Chaplain and the Historian, and including not more
than $25,000 for official representation and reception
expenses, of which not more than $20,000 is for the Family
Room and not more than $2,000 is for the Office of the
Chaplain, $30,766,000, of which $1,500,000 shall remain
available until expended; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of
Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official
representation and reception expenses, $20,225,000, of which
$10,267,000 shall remain available until expended; for
salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $153,550,000,
of which $11,639,000 shall remain available until expended;
for salaries and expenses of the Office of Diversity and
Inclusion, $1,000,000; for salaries and expenses of the
Office of the Whistleblower Ombudsman, $750,000; for salaries
and expenses of the Office of the Inspector General,
$5,019,000; for salaries and expenses of the Office of
General Counsel, $1,751,000; for salaries and expenses of the
Office of the Parliamentarian, including the Parliamentarian,
$2,000 for preparing the Digest of Rules, and not more than
$1,000 for official representation and reception expenses,
$2,088,000; for salaries and expenses of the Office of the
Law Revision Counsel of the House, $3,419,000; for salaries
and expenses of the Office of the Legislative Counsel of the
House, $11,937,000; for salaries and expenses of the Office
of Interparliamentary Affairs, $814,000; for other authorized
employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $323,920,000, including: supplies,
materials, administrative costs and Federal tort claims,
$1,526,000; official mail for committees, leadership offices,
and administrative offices of the House, $190,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $294,377,000, to remain
available until March 31, 2021; salaries and expenses for
Business Continuity and Disaster Recovery, $17,668,000, of
which $5,000,000 shall remain available until expended;
transition activities for new members and staff, $4,489,000,
to remain available until expended; Wounded Warrior Program
and the Congressional Gold Star Family Fellowship Program,
$3,000,000, to remain available until expended; Office of
Congressional Ethics, $1,670,000; and miscellaneous items
including purchase, exchange, maintenance, repair and
operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of
the House, $1,000,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2020. Any amount remaining after all payments are
made under such allowances for fiscal year 2020 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations
to carry out this section.
[[Page H10451]]
(c) As used in this section, the term ``Member of the House
of Representatives'' means a Representative in, or a Delegate
or Resident Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount
that exceeds $1,000 for the vehicle in any month.
allowance for compensation of interns in member offices
Sec. 112. (a) Section 120(f) of the Legislative Branch
Appropriations Act, 2019 (2 U.S.C. 5322a(f)) is amended by
striking the period at the end and inserting the following:
``, and such sums as may be necessary for fiscal year 2020
and each succeeding fiscal year.''.
(b) Section 101(c)(2) of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 5507(c)(2)) is amended by
striking ``and `Office of the Attending Physician'.'' and
inserting `` `Office of the Attending Physician', and
`Allowance for Compensation of Interns in Member Offices'.''.
(c) The amendments made by this section shall take effect
as if included in the enactment of section 120 of the
Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a).
allowance for compensation of interns in house leadership offices
Sec. 113. (a) There is established for the House of
Representatives an allowance which shall be available for the
compensation of interns who serve in House leadership
offices.
(b) Section 104(b) of the House of Representatives
Administrative Reform Technical Corrections Act (2 U.S.C.
5321(b)) shall apply with respect to an intern who is
compensated under the allowance under this section in the
same manner as such section applies with respect to an intern
who is compensated under the Members' Representational
Allowance.
(c) In this section--
(1) the term ``House leadership office'' means, with
respect to a fiscal year, any office for which the
appropriation for salaries and expenses of the office for the
fiscal year is provided under the heading ``House Leadership
Offices'' in the Act making appropriations for the
Legislative Branch for the fiscal year; and
(2) term ``intern'', with respect to a House leadership
office, has the meaning given such term with respect to a
Member of the House of Representatives in section 104(c)(2)
of the House of Representatives Administrative Reform
Technical Corrections Act (2 U.S.C. 5321(c)(2)).
(d) There are authorized to be appropriated to carry out
this section such sums as may be necessary for fiscal year
2020 and each succeeding fiscal year.
(e) Section 101(c)(2) of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 5507(c)(2)), as amended by
section 112(b), is further amended by striking ``, and
`Allowance for Compensation of Interns in Member Offices'.''
and inserting ``, `Allowance for Compensation of Interns in
Member Offices', and `Allowance for Compensation of Interns
in House Leadership Offices'.''.
(f) This section and the amendments made by this section
shall apply with respect to fiscal year 2020 and each
succeeding fiscal year.
cybersecurity assistance for house of representatives
Sec. 114. The head of any Federal entity that provides
assistance to the House of Representatives in the House's
efforts to deter, prevent, mitigate, or remediate
cybersecurity risks to, and incidents involving, the
information systems of the House shall take all necessary
steps to ensure the constitutional integrity of the separate
branches of the government at all stages of providing the
assistance, including applying minimization procedures to
limit the spread or sharing of privileged House and Member
information.
rescissions of funds
Sec. 115. (a) Of the unobligated balances available from
prior appropriations Acts from the revolving fund established
under House Resolution 94, Ninety-Eighth Congress, agreed to
February 8, 1983, as enacted into permanent law by section
110 of the Congressional Operations Appropriations Act, 1984
(2 U.S.C. 4917), $1,000,000 is hereby rescinded.
(b) Of the unobligated balances available from prior
appropriations Acts from the revolving fund established in
the item relating to ``Stationery'' under the heading ``House
of Representatives, Contingent Expenses of the House'' in the
first section of the Legislative Branch Appropriation Act,
1948 (2 U.S.C. 5534), $4,000,000 is hereby rescinded.
use of available balances of expired appropriations
(including transfer of funds)
Sec. 116. (a) Subject to section 119 of the Legislative
Branch Appropriations Act, 2018 (2 U.S.C. 5511), available
balances of expired appropriations for the House of
Representatives shall be available to the House of
Representatives--
(1) for the payment of a death gratuity which is
specifically appropriated by law and which is made in
connection with the death of an employee of the House of
Representatives, without regard to the fiscal year in which
the payment is made; and
(2) for deposit into the account established under section
109 of the Legislative Branch Appropriations Act, 1998 (2
U.S.C. 5508) for making payments of the House of
Representatives to the Employees' Compensation Fund under
section 8147 of title 5, United States Code, and for
reimbursing the Secretary of Labor for any amounts paid with
respect to unemployment compensation payments for former
employees of the House.
(b) This section shall apply with respect to funds
appropriated or otherwise made available in fiscal year 2020
and each succeeding fiscal year.
reduction in amount of tuition charged for children of employees of
house child care center
Sec. 117. (a) Section 312(d) of the Legislative Branch
Appropriations Act, 1992 (2 U.S.C. 2062(d)) is amended by
adding at the end the following new paragraph:
``(4) In the case of a child of an employee of the center
who is furnished care at the center, the Chief Administrative
Officer shall reduce the amount of tuition otherwise charged
with respect to such child during a month by the greater of--
``(A) 50 percent; or
``(B) such percentage as may be necessary to ensure that
the total amount of tuition paid by the employee with respect
to all children of the employee who are furnished care at the
center during the month does not exceed $1,000.''.
(b) Section 312(d)(2) of such Act (2 U.S.C. 2062(d)(2)) is
amended by inserting after ``similar benefits and programs''
the following: ``(including the subsidies provided on behalf
of employees of the center as a result of reductions in the
amount of tuition otherwise charged with respect to children
of such employees under paragraph (4))''.
(c) The amendments made by this section shall apply with
respect to fiscal year 2020 and each succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2021
For salaries and expenses associated with conducting the
inaugural ceremonies of the President and Vice President of
the United States, January 20, 2021, in accordance with such
program as may be adopted by the joint congressional
committee authorized to conduct the inaugural ceremonies of
2021, $1,500,000 to be disbursed by the Secretary of the
Senate and to remain available until September 30, 2021:
Provided, That funds made available under this heading shall
be available for payment, on a direct or reimbursable basis,
whether incurred on, before, or after, October 1, 2020:
Provided further, That the compensation of any employee of
the Committee on Rules and Administration of the Senate who
has been designated to perform service with respect to the
inaugural ceremonies of 2021 shall continue to be paid by the
Committee on Rules and Administration, but the account from
which such staff member is paid may be reimbursed for the
services of the staff member out of funds made available
under this heading: Provided further, That there are
authorized to be paid from the appropriations account for
``Expenses of Inquiries and Investigations'' of the Senate
such sums as may be necessary, without fiscal year
limitation, for agency contributions related to the
compensation of employees of the joint congressional
committee.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $11,563,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,800,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned
to the Office of the Attending Physician, which shall be
advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and
other expenses are payable and shall be available for all the
purposes thereof, $3,868,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,509,000, to be disbursed by the
Secretary of the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty
[[Page H10452]]
pay, and Government contributions for health, retirement,
social security, professional liability insurance, and other
applicable employee benefits, $379,062,000 of which overtime
shall not exceed $47,048,000 unless the Committee on
Appropriations of the House and Senate are notified, to be
disbursed by the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $85,279,000, to be disbursed by the Chief
of the Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law
Enforcement Training Center for fiscal year 2020 shall be
paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
Administrative Provision
Sec. 120. Section 908(c) of the Emergency Supplemental
Act, 2002 (2 U.S.C. 1926(c)), is amended by striking
``$40,000'' and inserting ``$60,000''.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of
the Office of Congressional Workplace Rights, $6,333,000, of
which $1,000,000 shall remain available until September 30,
2021, and of which not more than $1,000 may be expended on
the certification of the Executive Director in connection
with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $54,941,000:
Provided, That the Director shall use not less than $500,000
of the amount made available under this heading for (1)
improving technical systems, processes, and models for the
purpose of improving the transparency of estimates of
budgetary effects to Members of Congress, employees of
Members of Congress, and the public, and (2) to increase the
availability of models, economic assumptions, and data for
Members of Congress, employees of Members of Congress, and
the public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in
connection with facilities and activities under the care of
the Architect of the Capitol including the Botanic Garden;
electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction
of the Architect of the Capitol; including furnishings and
office equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or
exchange, maintenance, and operation of a passenger motor
vehicle, $120,000,000.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $68,878,000, of which $40,899,000
shall remain available until September 30, 2024.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $15,024,000, of which
$3,000,000 shall remain available until September 30, 2024.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision
of the Architect of the Capitol, $88,424,000, of which
$23,100,000 shall remain available until September 30, 2024.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $153,273,000, of
which $30,300,000 shall remain available until September 30,
2024, and of which $62,000,000 shall remain available until
expended for the restoration and renovation of the Cannon
House Office Building: Provided, That of the amount made
available under this heading, $8,000,000 shall be derived by
transfer from the House Office Building Fund established
under section 176(d) of the Continuing Appropriations Act,
2017, as added by section 101(3) of the Further Continuing
Appropriation Act, 2017 (Public Law 114-254; 2 U.S.C. 2001
note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $98,957,000, of which $15,300,000
shall remain available until September 30, 2024: Provided,
That not more than $10,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2020.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $55,746,000, of which $25,200,000
shall remain available until September 30, 2024.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computing Facility, and Architect of the Capitol
security operations, $55,216,000, of which $28,000,000 shall
remain available until September 30, 2024.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $16,094,000, of which $4,000,000 shall remain
available until September 30, 2024: Provided, That, of the
amount made available under this heading, the Architect of
the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the
National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a
duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $24,321,000.
Administrative Provision
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or
programs for which the contractor is behind schedule or over
budget, unless the Architect of the Capitol, or agency-
employed designee, 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.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; information technology services provided
centrally; special clothing; cleaning, laundering and repair
of uniforms; preservation of motion pictures in the custody
of the Library; operation and maintenance of the American
Folklife Center in the Library; preparation and distribution
of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses
of the Library of Congress Trust Fund Board not properly
chargeable to the income of any trust fund held by the Board,
$504,164,000, of which not more than $6,000,000 shall be
derived from collections credited to this appropriation
during fiscal year 2020, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32
Stat. 480; 2 U.S.C. 150): Provided, That the Library of
Congress may not obligate or expend any funds derived from
collections under the Act of June 28, 1902, in excess of the
amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That the total amount
available for obligation shall be reduced by the amount by
which collections are less than $6,000,000: Provided
further, That of the total amount appropriated, not more than
$18,000 may be expended, on the certification of the
Librarian of Congress, in connection with official
representation and reception expenses, including for the
Overseas Field Offices: Provided further, That of the total
amount appropriated, $9,110,000 shall remain available until
expended for the
[[Page H10453]]
digital collections and educational curricula program:
Provided further, That of the total amount appropriated,
$1,350,000 shall remain available until expended for upgrade
of the Legislative Branch Financial Management System:
Provided further, That of the total amount appropriated,
$250,000 shall remain available until expended for the
Surplus Books Program to promote the program and facilitate a
greater number of donations to eligible entities across the
United States: Provided further, That of the total amount
appropriated, $3,587,000 shall remain available until
expended for the Veterans History Project to continue
digitization efforts of already collected materials, reach a
greater number of veterans to record their stories, and
promote public access to the Project: Provided further, That
of the total amount appropriated, $10,000,000 shall remain
available until expended for the development of the Library's
Visitor Experience project, and may be obligated and expended
only upon approval by the Subcommittee on the Legislative
Branch of the Committee on Appropriations of the House of
Representatives and by the Subcommittee on the Legislative
Branch of the Committee on Appropriations of the Senate.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$91,840,000, of which not more than $43,221,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2020 under
sections 708(d) and 1316 of title 17, United States Code:
Provided, That the Copyright Office may not obligate or
expend any funds derived from collections under such section
in excess of the amount authorized for obligation or
expenditure in appropriations Acts: Provided further, That
not more than $6,482,000 shall be derived from collections
during fiscal year 2020 under sections 111(d)(2), 119(b)(3),
803(e), and 1005 of such title: Provided further, That the
total amount available for obligation shall be reduced by the
amount by which collections are less than $49,703,000:
Provided further, That of the funds provided under this
heading, not less than $17,100,000 is for modernization
initiatives, of which $10,000,000 shall remain available
until September 30, 2021: Provided further, That not more
than $100,000 of the amount appropriated is available for the
maintenance of an ``International Copyright Institute'' in
the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in
intellectual property laws and policies: Provided further,
That not more than $6,500 may be expended, on the
certification of the Librarian of Congress, in connection
with official representation and reception expenses for
activities of the International Copyright Institute and for
copyright delegations, visitors, and seminars: Provided
further, That, notwithstanding any provision of chapter 8 of
title 17, United States Code, any amounts made available
under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to
sections 111, 119, and chapter 10 of such title may be used
for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of
salaries and benefits for the Copyright Royalty Judges and
staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $120,495,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate: Provided further, That this prohibition does
not apply to publication of non-confidential Congressional
Research Service (CRS) products: Provided further, That a
non-confidential CRS product includes any written product
containing research or analysis that is currently available
for general congressional access on the CRS Congressional
Intranet, or that would be made available on the CRS
Congressional Intranet in the normal course of business and
does not include material prepared in response to
Congressional requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$58,563,000: Provided, That of the total amount
appropriated, $650,000 shall be available to contract to
provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2020, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$231,975,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to
be distributed without charge to the recipient, $79,000,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal
years: Provided further, That notwithstanding the 2-year
limitation under section 718 of title 44, United States Code,
none of the funds appropriated or made available under this
Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44,
United States Code, may be expended to print a document,
report, or publication after the 27-month period beginning on
the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of
title 44, United States Code: Provided further, That
unobligated or unexpended balances of expired discretionary
funds made available under this heading in this Act for this
fiscal year may be transferred to, and merged with, funds
under the heading ``Government Publishing Office Business
Operations Revolving Fund'' no later than the end of the
fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated,
to be available for carrying out the purposes of this
heading, subject to the approval of the Committee on
Appropriations of the House of Representatives and the
Senate: Provided further, That notwithstanding sections 901,
902, and 906 of title 44, United States Code, this
appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the
Office of Superintendent of Documents necessary to provide
for the cataloging and indexing of Government publications in
any format, and their distribution to the public, Members of
Congress, other Government agencies, and designated
depository and international exchange libraries as authorized
by law, $31,296,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized
for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2018 and 2019 to
depository and other designated libraries: Provided further,
That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this
Act for this fiscal year may be transferred to, and merged
with, funds under the heading ``Government Publishing Office
Business Operations Revolving Fund'' no later than the end of
the fifth fiscal year after the last fiscal year for which
such funds are available for the purposes for which
appropriated, to be available for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the
Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $6,704,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with law, and
to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out
the programs and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office
Business Operations Revolving Fund: Provided further, That
not more than $7,500 may be expended on the certification of
the Director of the Government Publishing Office in
connection with official representation and reception
expenses: Provided further, That the Business Operations
Revolving Fund shall be available for the hire or purchase of
not more than 12 passenger motor vehicles: Provided further,
That expenditures in connection with travel expenses of the
advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be
available for temporary or intermittent services under
[[Page H10454]]
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further,
That activities financed through the Business Operations
Revolving Fund may provide information in any format:
Provided further, That the Business Operations Revolving Fund
and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used
for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and
(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living
quarters in foreign countries, $630,000,000: Provided, That,
in addition, $24,800,000 of payments received under sections
782, 791, 3521, and 9105 of title 31, United States Code,
shall be available without fiscal year limitation: Provided
further, That this appropriation and appropriations for
administrative expenses of any other department or agency
which is a member of the National Intergovernmental Audit
Forum or a Regional Intergovernmental Audit Forum shall be
available to finance an appropriate share of either Forum's
costs as determined by the respective Forum, including
necessary travel expenses of non-Federal participants:
Provided further, That payments hereunder to the Forum may be
credited as reimbursements to any appropriation from which
costs involved are initially financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $5,900,000:
Provided, That funds made available to support Russian
participants shall only be used for those engaging in free
market development, humanitarian activities, and civic
engagement, and shall not be used for officials of the
central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116
of the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2020
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929
(46 Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members,
officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of
the House of Representatives shall be the permanent law with
respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under 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 under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices
of the House of Representatives and Senate, unless through
regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval
of the Capitol Police Board, guided tours of the United
States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or
otherwise subject to restriction for security or related
reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire
telecommunications equipment produced by Huawei Technologies
Company, ZTE Corporation or 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,
office, or other entity acquiring the equipment or system
has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST 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 Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation 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 and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system
is in the vital national security interest of the United
States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the system intended for
acquisition and a detailed description of the mitigation
strategies identified in paragraph (1), provided that such
report may include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (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 or
other official government activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this division
that contract with a food service provider or providers shall
confer and coordinate with such food service provider or
providers, in consultation with disability advocacy groups,
to eliminate or reduce plastic waste, including waste from
plastic straws, explore the use of biodegradable items, and
increase recycling and composting opportunities.
[[Page H10455]]
adjustment to normal cost percentage rates
Sec. 211. Section 8423(a)(1)(B)(i) of title 5, United
States Code, is amended by inserting ``(including a separate
normal-cost percentage for Congressional employees that are
members of the Capitol Police covered under subsection (d) of
section 8412 and subsection (c) of section 8425)'' after
``Congressional employees''.
congressional staff compensation
Sec. 212. (a) Senate.--
(1) Change in maximum rates.--
(A) In general.--Section 105 of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575) is amended--
(i) in subsection (d)(2), in the second sentence, by
striking ``or in excess'' and all that follows through ``per
annum.'' and inserting ``or in excess of $173,900.'';
(ii) in subsection (e)(3)(B), by striking ``in excess of''
and all that follows and inserting ``in excess of
$173,900.''; and
(iii) in subsection (f), in the first sentence, by striking
``or in excess'' and all that follows through ``unless
expressly'' and inserting ``or in excess of $173,900, unless
expressly''.
(B) Authority for statutory employees.--
(i) Fixed salary positions.--For any position for which the
Secretary of the Senate disburses the pay for the position
and for which the specific amount of the rate of pay for the
particular position is fixed by statute on the day before the
effective date of the amendments made by this section, on and
after such effective date the amount of the rate of pay for
such position shall be fixed by the President pro tempore in
an amount not to exceed the maximum rate of pay in effect
under section 105(f) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 4575(f)).
(ii) Positions with maximums.--For any position for which
the Secretary of the Senate disburses the pay for the
position and for which the maximum rate of pay for the
particular position is fixed by statute on the day before the
effective date of the amendments made by this section, on and
after such effective date the maximum rate of pay for such
position shall be fixed by the President pro tempore, which
shall not exceed the maximum rate of pay in effect under
section 105(f) of the Legislative Branch Appropriation Act,
1968 (2 U.S.C. 4575(f)).
(2) Adjustments.--
(A) In general.--Section 4 of the Federal Pay Comparability
Act of 1970 (2 U.S.C. 4571) is amended--
(i) in subsection (a)--
(I) in paragraph (1)--
(aa) in subparagraph (A), by striking ``or'' at the end;
and
(bb) by striking subparagraph (B) and inserting the
following:
``(B) in the case of such personnel appointed to positions
for which the rates of pay for the particular positions were
fixed by or pursuant to law at specific rates on the day
before the effective date of the amendments made by section
212 of the Legislative Branch Appropriations Act, 2020,
adjust such rates; and
``(C) in the case of such personnel appointed to positions
for which the maximum rates of pay for the particular
positions were fixed by or pursuant to law on the day before
such effective date, adjust such maximum rates; and''; and
(II) in the matter following paragraph (2)--
(aa) by striking ``and with such exceptions as may be
necessary to provide for appropriate pay relationships
between positions''; and
(bb) by striking ``to restore'' and all that follows
through ``between positions.'' and inserting ``to maintain
the pay relationships that existed on the effective date of
the amendments made by section 212 of the Legislative Branch
Appropriations Act, 2020 between the maximum rate of pay for
Senate personnel and Senators.''; and
(ii) in subsection (d), by striking ``to restore'' and all
that follows and inserting ``to maintain the pay
relationships that existed on the effective date of the
amendments made by section 212 of the Legislative Branch
Appropriations Act, 2020 between the maximum rate of pay for
Senate personnel and Senators.''.
(B) Other adjustments.--Section 315(a) of the Legislative
Branch Appropriations Act, 1991 (2 U.S.C. 4573(a)) is amended
by striking ``to the extent necessary to maintain'' and all
that follows and inserting ``(including such personnel
appointed to positions for which the specific amount of the
rate of pay for the particular position is fixed by statute
on the day before the effective date of the amendments made
by section 212 of the Legislative Branch Appropriations Act,
2020 and such personnel appointed to positions for which the
maximum rates of pay for the particular positions were fixed
by or pursuant to law on the day before such effective date)
to the extent necessary to maintain the pay relationships
that existed on such effective date between the maximum rate
of pay for Senate personnel and Senators.''.
(3) Conforming amendments.--
(A) Section 105 of the Legislative Branch Appropriation
Act, 1976 (Public Law 94-59; 89 Stat. 275) is repealed.
(B) Section 201(a)(5)(A) of the Congressional Budget Act of
1974 (2 U.S.C. 601(a)(5)(A)) is amended by striking ``the
lower of--'' and all that follows and inserting ``the maximum
rate of pay in effect under section 105(f) of the Legislative
Branch Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.
(C) Section 302(a)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1382(a)(2)(B)) is
amended by striking ``the lesser of--'' and all that follows
and inserting ``the maximum rate of pay in effect under
section 105(f) of the Legislative Branch Appropriation Act,
1968 (2 U.S.C. 4575(f)).''.
(D) The first section of the Act entitled ``An Act to fix
the annual rates of pay for the Architect of the Capitol and
the Assistant Architect of the Capitol'' (2 U.S.C. 1802) is
amended to read as follows:
``SECTION 1. COMPENSATION.
``The compensation of the Architect of the Capitol shall be
at an annual rate which is equal to the maximum rate of pay
in effect under section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.
(E) Subsection (c) of the first section of the Act entitled
``An Act to establish by law the position of Chief of the
Capitol Police, and for other purposes'' (2 U.S.C. 1902) is
amended by striking ``the lower of'' and all that follows and
inserting ``the maximum rate of pay in effect under section
105(f) of the Legislative Branch Appropriation Act, 1968 (2
U.S.C. 4575(f)).''.
(F) Senate Resolution 89, 100th Congress, agreed to January
28, 1987, as enacted into law by section 9 of the Legislative
Branch Appropriations Act, 1990 (2 U.S.C. 6133), is amended
in subsection (a) of the first section by striking ``by the
appropriate Leader'' and all that follows and inserting ``by
the appropriate Leader.''.
(G) Section 2(a) of the Legislative Branch Appropriations
Act, 1988 (as enacted into law by section 101(i) of Public
Law 100-202 (101 Stat. 1329-290)) (2 U.S.C. 6651) is
repealed.
(H) Section 203(g) of the Federal Legislative Salary Act of
1964 (Public Law 88-426; 78 Stat. 415) is repealed.
(I) Section 701 of the Ethics in Government Act of 1978 (2
U.S.C. 288) is amended--
(i) by striking paragraph (4) of subsection (a); and
(ii) in subsection (b)(1), by striking the second sentence.
(b) House of Representatives.--
(1) Adjustments by speaker of the house.--Section 311(d) of
the Legislative Branch Appropriations Act, 1988 (as enacted
into law by section 101(i) of Public Law 100-202 (101 Stat.
1329-290)) (2 U.S.C. 4532) is amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of subparagraph (A);
(ii) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(C) the maintenance of the pay relationship described in
paragraph (3).'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) The pay relationship described in this paragraph is
the relationship in existence as of the effective date of the
amendments made by section 212 of the Legislative Branch
Appropriations Act, 2020 between--
``(A) an annual rate of pay of $173,900; and
``(B) the annual rate of pay of a Member of the House of
Representatives who is not the Speaker, Majority Leader, or
Minority Leader of the House.''.
(2) Pay adjustments by chief administrative officer.--
Section 4(e) of the Federal Pay Comparability Act of 1970 (2
U.S.C. 4531(e)) is amended to read as follows:
``(e) No rate of pay for any position shall be adjusted
under this section to an amount in excess of the rate of pay
in effect for such position under an order issued by the
Speaker of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''.
(3) Certain positions of the house of representatives.--
(A) Legislative counsel.--Section 523 of the Legislative
Reorganization Act of 1970 (2 U.S.C. 282b) is amended--
(i) in subsection (a), by striking ``equal to the rate of
basic pay'' and all that follows and inserting ``equal to the
greater of $173,900 or the rate of pay in effect for such
position under an order issued by the Speaker of the House of
Representatives pursuant to the authority of section 311(d)
of the Legislative Branch Appropriations Act, 1988 (2 U.S.C.
4532).''; and
(ii) in subsection (b), by striking ``in excess of the rate
of basic pay'' and all that follows and inserting ``in excess
of the applicable rate of pay in effect under an order issued
by the Speaker of the House of Representatives pursuant to
the authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''.
(B) Law revision counsel.--Section 205(f) of House
Resolution 988, 93rd Congress, agreed to October 8, 1974, as
enacted into law by the matter under the heading
``Administrative Provisions'' under the heading ``HOUSE OF
REPRESENTATIVES'' under chapter III of title I of the
Supplemental Appropriations Act, 1975 (2 U.S.C. 285e), is
amended by striking ``Law Revision Counsel shall be paid''
and all that follows and inserting ``Law Revision Counsel
shall be paid at a per annum gross rate determined by the
Speaker not to exceed the greater of $173,900 or the rate of
pay in effect for such position under an order issued by the
Speaker pursuant to the authority of section 311(d) of the
Legislative Branch Appropriations Act, 1988 (2 U.S.C. 4532);
and members of the staff of the Office other than the Law
Revision Counsel shall be paid at per annum gross
[[Page H10456]]
rates fixed by the Law Revision Counsel with the approval of
the Speaker or in accordance with policies approved by the
Speaker, but not in excess of the applicable rate of pay in
effect under an order issued by the Speaker pursuant to the
authority of such section.''.
(C) Parliamentarian.--Section 4 of House Resolution 502,
95th Congress, agreed to April 20, 1977, as enacted into law
by section 115 of the Legislative Branch Appropriation Act,
1978 (2 U.S.C. 287c), is amended--
(i) in subsection (a), by striking ``but not in excess''
and all that follows and inserting ``but not in excess of the
greater of $173,900 or the rate of pay in effect for such
position under an order issued by the Speaker of the House of
Representatives pursuant to the authority of section 311(d)
of the Legislative Branch Appropriations Act, 1988 (2 U.S.C.
4532).''; and
(ii) in subsection (b), by striking ``, but not in excess
of the rate of basic pay set forth in subsection (a)'' and
inserting ``but not in excess of the applicable rate of pay
in effect under an order issued by the Speaker of the House
of Representatives pursuant to the authority of section
311(d) of the Legislative Branch Appropriations Act, 1988 (2
U.S.C. 4532)''.
(D) Chaplain.--Section 3 of House Resolution 661, 95th
Congress, agreed to July 29, 1977, as enacted into law by
section 111 of the Legislative Branch Appropriation Act, 1979
(2 U.S.C. 5521), is amended by striking section 3 and
inserting the following:
``Sec. 3. The maximum per year gross rate of compensation
of the Chaplain of the House of Representatives shall not
exceed the greater of $173,900 or the rate of pay in effect
for such position under an order issued by the Speaker of the
House of Representatives pursuant to the authority of section
311(d) of the Legislative Branch Appropriations Act, 1988 (2
U.S.C. 4532).''.
(E) Certain leadership employees.--Subsection (b) of the
first section of House Resolution 393, 95th Congress, agreed
to March 31, 1977, as enacted into law by section 115 of the
Legislative Branch Appropriation Act, 1978 (2 U.S.C.
5141(b)), is amended by striking ``The annual rate'' and all
that follows through ``United States Code,'' and inserting
the following: ``The maximum annual rate of compensation for
any individual employed under subsection (a) shall not exceed
the greater of $173,900 or the applicable rate of pay in
effect under an order issued by the Speaker of the House of
Representatives pursuant to the authority of section 311(d)
of the Legislative Branch Appropriations Act, 1988 (2 U.S.C.
4532),''.
(4) Chief of staff of joint committee on taxation.--Section
214(e) of the Postal Revenue and Federal Salary Act of 1967
(2 U.S.C. 4302) is amended by striking ``The per annum rate
of compensation'' and all that follows through the period at
the end and inserting the following: ``The maximum annual
rate of compensation of the Chief of Staff of the Joint
Committee on Taxation shall not exceed the greater of
$173,900 or the rate of pay in effect for such position under
an order issued by the Speaker of the House of
Representatives pursuant to the authority of section 311(d)
of the Legislative Branch Appropriations Act, 1988 (2 U.S.C.
4532).''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on the later of--
(1) the first day of the first applicable pay period
beginning on or after January 1, 2020; or
(2) the first day of the first applicable pay period
beginning on or after the date of enactment of this Act.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2020''.
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $1,178,499,000, to remain available until
September 30, 2024: Provided, That, of this amount, not to
exceed $136,099,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$2,449,632,000, to remain available until September 30, 2024:
Provided, That, of this amount, not to exceed $178,715,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,687,230,000, to
remain available until September 30, 2024: Provided, That,
of this amount, not to exceed $153,148,000 shall be available
for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the
Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,362,529,000,
to remain available until September 30, 2024: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That, of the
amount, not to exceed $298,655,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$210,819,000, to remain available until September 30, 2024:
Provided, That, of the amount, not to exceed $20,469,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$164,471,000, to remain available until September 30, 2024:
Provided, That, of the amount, not to exceed $17,000,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $60,928,000, to remain
available until September 30, 2024: Provided, That, of the
amount, not to exceed $6,000,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $54,955,000, to remain available until September 30,
2024: Provided, That, of the amount, not to exceed
$4,780,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities
[[Page H10457]]
for the training and administration of the Air Force Reserve
as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts,
$59,750,000, to remain available until September 30, 2024:
Provided, That, of the amount, not to exceed $4,604,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $172,005,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$398,526,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$141,372,000, to remain available until September 30, 2024.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $357,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $47,661,000, to remain available until September 30,
2024.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $317,870,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$103,631,000, to remain available until September 30, 2024.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $295,016,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $57,000,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $3,045,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $500,000, to remain available until
expended, for unaccompanied housing initiatives undertaken
pursuant to section 2883 of title 10, United States Code,
providing alternative means of acquiring and improving
military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections
[[Page H10458]]
480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged
with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the
Fund; or (2) the Department of Defense Military Unaccompanied
Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in ``Military
Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be
available to cover the costs, as defined in section 502(5) of
the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to
the provisions of subchapter IV of chapter 169 of title 10,
United States Code, pertaining to alternative means of
acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller)
is to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September
30, 2024:
``Military Construction, Army'', $79,500,000;
``Military Construction, Navy and Marine Corps'',
$374,529,000;
``Military Construction, Air Force'', $288,200,000;
``Military Construction, Army National Guard'',
$155,000,000;
``Military Construction, Air National Guard'', $57,000,000;
``Military Construction, Air Force Reserve'', $24,800,000;
and
``Military Construction, Defense-Wide'', $66,880,000:
Provided, That such funds may only be obligated to carry
out construction projects identified in the respective
military department's unfunded priority list for fiscal year
2020 submitted to Congress: Provided further, That such
projects are subject to authorization prior to obligation and
expenditure of funds to carry out construction: Provided
further, That not later than 30 days after enactment of this
Act, the Secretary of the military department concerned, or
his or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
(rescissions of funds)
Sec. 125. Of the unobligated balances available to the
Department of Defense from prior appropriation Acts, the
following funds are hereby rescinded from the following
accounts in the amounts specified:
``Military Construction, Defense-Wide'', $45,055,000; and
``NATO Security Investment Program'', $25,000,000:
Provided, That no amounts may be rescinded from amounts
that were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Sec. 126. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 127. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 128. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any
element of a United States Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer (RED
HORSE) outside of the United States until the Secretary of
the Air Force: (1) completes an analysis and comparison of
the cost and infrastructure investment required to
consolidate or relocate a RED HORSE squadron outside of the
United States versus within the United States; (2) provides
to the Committees on Appropriations of both Houses of
Congress (``the Committees'') a report detailing the findings
of the cost analysis; and (3) certifies in writing to the
Committees that the preferred site for the consolidation or
relocation yields the greatest savings for the Air Force:
Provided, That the term ``United States'' in this section
does not include any territory or possession of the United
States.
Sec. 129. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of
Defense--Military Construction, Navy and Marine Corps'',
``Department of Defense--Military Construction, Air Force'',
and ``Department of Defense--Military Construction, Defense-
Wide'' accounts pursuant to the authorization of
appropriations in a National Defense Authorization Act
specified for fiscal year 2020 in the funding table in
section 4601 of that Act shall be immediately available and
allotted to contract for the full scope of authorized
projects.
Sec. 130. For an additional amount for the accounts and in
the amounts specified for planning and design, for improving
military installation resilience, to remain available until
September 30, 2024:
``Military Construction, Army'', $20,000,000;
``Military Construction, Navy and Marine Corps'',
$35,000,000; and
``Military Construction, Air Force'', $20,000,000:
Provided, That not later than 60 days after enactment of
this Act, the Secretary of the military department concerned,
or his or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section: Provided further,
That the Secretary of the military department concerned may
not obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of
the expenditure plan required by this section.
Sec. 131. For an additional amount for the accounts and in
the amounts specified, to remain available until September
30, 2021:
``Family Housing Operation and Maintenance, Army'',
$50,000,000;
``Family Housing Operation and Maintenance, Navy and Marine
Corps'', $59,600,000; and
``Family Housing Operation and Maintenance, Air Force'',
$31,200,000.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
[[Page H10459]]
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $1,439,931,000, which shall be in addition to funds
previously appropriated under this heading that became
available on October 1, 2019; and, $118,246,975,000 shall
become available on October 1, 2020: Provided, That not to
exceed $18,147,000 of the amount made available for fiscal
year 2021 under this heading shall be reimbursed to ``General
Operating Expenses, Veterans Benefits Administration'', and
``Information Technology Systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $12,578,965,000, to remain available
until expended and to become available on October 1, 2020:
Provided, That expenses for rehabilitation program services
and assistance which the Secretary is authorized to provide
under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and
(11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21 of title 38, United States
Code, $17,620,000, which shall be in addition to funds
previously appropriated under this heading that became
available on October 1, 2019, to remain available until
expended; and, in addition, $129,224,000, shall become
available on October 1, 2020, and shall remain available
until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That, during fiscal year 2020, within the resources
available, not to exceed $500,000 in gross obligations for
direct loans are authorized for specially adapted housing
loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $200,377,391.
vocational rehabilitation loans program account
For the cost of direct loans, $57,729, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,008,232.
In addition, for administrative expenses necessary to carry
out the direct loan program, $401,880, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,186,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $3,125,000,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed 10 percent shall
remain available until September 30, 2021.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, assistance and
support services for caregivers as authorized by section
1720G of title 38, United States Code, loan repayments
authorized by section 604 of the Caregivers and Veterans
Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance
allowances authorized by section 322(d) of title 38, United
States Code, grants authorized by section 521A of title 38,
United States Code, and administrative expenses necessary to
carry out sections 322(d) and 521A of title 38, United States
Code, and hospital care and medical services authorized by
section 1787 of title 38, United States Code;
$56,158,015,000, plus reimbursements, shall become available
on October 1, 2020, and shall remain available until
September 30, 2021: Provided, That, of the amount made
available on October 1, 2020, under this heading,
$1,500,000,000 shall remain available until September 30,
2022: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient
amounts appropriated under this heading for medical supplies
and equipment are available for the acquisition of
prosthetics designed specifically for female veterans:
Provided further, That of the amount that became available on
October 1, 2019, under this heading, not less than
$585,000,000 shall be for gender-specific care for women.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $4,521,400,000, which
shall be in addition to funds previously appropriated under
this heading that became available on October 1, 2019; and,
in addition, $17,131,179,000, plus reimbursements, shall
become available on October 1, 2020, and shall remain
available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$2,000,000,000 shall remain available until September 30,
2022: Provided further, That $615,000,000 of the additional
amounts provided for fiscal year 2020 under this heading in
this Act shall be derived by transfer from the Veterans
Choice Fund pursuant to the authority in section 802(c)(4) of
the Veterans Access, Choice, and Accountability Act of 2014,
as amended (38 U.S.C. 1701 note), from prior year unobligated
balances in that Fund that were provided by section 510 of
the VA MISSION Act of 2018 (Public Law 115-182).
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $98,800,000 which shall be in addition
to funds previously appropriated under this heading that
became available on October 1, 2019; and, in addition,
$7,914,191,000, plus reimbursements, shall become available
on October 1, 2020, and shall remain available until
September 30, 2021: Provided, That, of the amount made
available on October 1, 2020, under this heading,
$150,000,000 shall remain available until September 30, 2022.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services; $6,433,265,000, plus
reimbursements,
[[Page H10460]]
shall become available on October 1, 2020, and shall remain
available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$250,000,000 shall remain available until September 30, 2022.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $800,000,000,
plus reimbursements, shall remain available until September
30, 2021: Provided, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading are available for prosthetic research specifically
for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $329,000,000, of which not
to exceed 10 percent shall remain available until September
30, 2021.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $355,911,000, of
which not to exceed 10 percent shall remain available until
September 30, 2021: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $182,000,000, of which not to exceed 10 percent
shall remain available until September 30, 2021.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $4,371,615,000, plus reimbursements: Provided,
That $1,204,238,000 shall be for pay and associated costs, of
which not to exceed 3 percent shall remain available until
September 30, 2021: Provided further, That $2,739,597,000
shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30,
2021: Provided further, That $427,780,000 shall be for
information technology systems development, and shall remain
available until September 30, 2021: Provided further, That
amounts made available for salaries and expenses, operations
and maintenance, and information technology systems
development may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development
may be transferred among projects or to newly defined
projects: Provided further, That no project may be increased
or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval
is issued, or absent a response, a period of 30 days has
elapsed: Provided further, That the funds made available
under this heading for information technology systems
development shall be for the projects, and in the amounts,
specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation,
development, interface, management, rollout, and maintenance
of a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, and salaries and
expenses of employees hired under titles 5 and 38, United
States Code, $1,500,000,000, to remain available until
September 30, 2022: Provided, That the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress quarterly reports detailing
obligations, expenditures, and deployment implementation by
facility: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided
further, That none of the funds made available under this
heading may be obligated in a manner inconsistent with
deployment schedules provided to the Committees on
Appropriations unless the Secretary of Veterans Affairs
provides notification to the Committees on Appropriations of
such change and an approval is issued.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $210,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2021.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$1,235,200,000, of which $1,036,600,000 shall remain
available until September 30, 2024, and of which $198,600,000
shall remain available until expended, of which $35,000,000
shall be available for seismic improvement projects and
seismic program management activities, including for projects
that would otherwise be funded by the Construction, Minor
Projects, Medical Facilities or National Cemetery
Administration accounts: Provided, That except for advance
planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset
management related activities, including portfolio
development and management activities, and investment
strategy studies funded through the advance planning fund and
the planning and design activities funded through the design
fund, including needs assessments which may or may not lead
to capital investments, and funds provided for the purchase,
security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none
of the funds made available under this heading shall be used
for any project that has not been notified to Congress
through the budgetary process or that has not been approved
by the Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to
the President at the time of enrollment: Provided further,
That such sums as may be necessary shall be available to
reimburse the ``General Administration'' account for payment
of salaries and expenses of all Office of Construction and
Facilities Management employees to support the full range of
capital infrastructure services provided, including minor
construction and leasing services: Provided further, That
funds made available under this heading for fiscal year 2020,
for each approved project shall be obligated: (1) by the
awarding of a construction documents contract by September
30, 2020; and (2) by the awarding of a construction contract
by September 30, 2021: Provided further, That the Secretary
of Veterans Affairs shall promptly submit to the Committees
on Appropriations of both Houses of Congress a written report
on any approved major construction project for which
obligations are not incurred within the time limitations
established above: Provided further, That notwithstanding
the requirements of section 8104(a) of title 38, United
States Code, amounts made available under this heading for
seismic improvement projects and seismic program management
activities shall be available for the completion of both new
and existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $398,800,000, to remain available until September 30,
2024, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department
[[Page H10461]]
which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures
necessary to prevent or to minimize further loss by such
causes.
grants for construction of
state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $90,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2020 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2020, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support
and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2019.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2020, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program
during fiscal year 2020 that are available for dividends in
that program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2020 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management,
the Office of Employment Discrimination Complaint
Adjudication, and the Office of Diversity and Inclusion for
all services provided at rates which will recover actual
costs but not to exceed $57,263,000 for the Office of
Resolution Management, $6,000,000 for the Office of
Employment Discrimination Complaint Adjudication, and
$4,628,000 for the Office of Diversity and Inclusion:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems''
accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations
which are party to the Alaska Native Health Compact with the
Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term
``rural Alaska'' shall mean those lands which are not within
the boundaries of the municipality of Anchorage or the
Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of
[[Page H10462]]
Veterans Affairs shall submit to the Committees on
Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for
the preceding quarter: Provided, That, at a minimum, the
report shall include the direction contained in the paragraph
entitled ``Quarterly reporting'', under the heading ``General
Administration'' in the joint explanatory statement
accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and
``National Cemetery Administration'' accounts for fiscal year
2020 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers
may not result in a more than 10 percent aggregate increase
in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided
further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2020 for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to
$314,409,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided,
That additional funds may be transferred from accounts
designated in this section to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress: Provided further, That section 220
of title II of division C of Public Law 115-244 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2020,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $322,931,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities
as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds
may be transferred from accounts designated in this section
to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That, notwithstanding
section 1704(b)(3) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573),
amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration
Fund shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a
minimum of $15,000,000 shall be transferred to the DOD-VA
Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That
the Secretary shall notify the Committees on Appropriations
of both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 225. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying Public Law 114-223:
Provided further, That the report shall also include
information on the number of appeals pending at the Veterans
Benefits Administration as well as the Board of Veterans
Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $1,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2020 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2020, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of
Veterans Affairs for fiscal year 2020, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $7,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall
ensure that the toll-free suicide
[[Page H10463]]
hotline under section 1720F(h) of title 38, United States
Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at
the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a
study on the effectiveness of the hotline specified in
subsection (a) during the five-year period beginning on
January 1, 2016, based on an analysis of national suicide
data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1)
shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue
receiving, mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA)
hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services
at existing Veterans Health Administration medical facilities
as part of a planned realignment of VA services until the
Secretary provides to the Committees on Appropriations of
both Houses of Congress a report including the following
elements--
(1) a national realignment strategy that includes a
detailed description of realignment plans within each
Veterans Integrated Services Network (VISN), including an
updated Long Range Capital Plan to implement realignment
requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other
outsourced services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings'
condition and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation
Act; and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in
any VISN, which have been authorized or approved by Congress.
Sec. 234. Effective during the period beginning on October
1, 2018 and ending on January 1, 2024, none of the funds made
available to the Secretary of Veterans Affairs by this or any
other Act may be obligated or expended in contravention of
the ``Veterans Health Administration Clinical Preventive
Services Guidance Statement on the Veterans Health
Administration's Screening for Breast Cancer Guidance''
published on May 10, 2017, as issued by the Veterans Health
Administration National Center for Health Promotion and
Disease Prevention.
Sec. 235. (a) Notwithstanding any other provision of law,
the amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of
a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States
Code, who has a service-connected disability that results in
the inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement such
policy, including any limitations on the amount of such
benefits available to such a member except that--
(A) the time periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(B) such term includes embryo cryopreservation and storage
without limitation on the duration of such cryopreservation
and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in
Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the
requirements for funds contained in section 508 of division H
of the Consolidated Appropriations Act, 2018 (Public Law 115-
141).
Sec. 236. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or (2) section
8110(a)(5) of title 38, United States Code.
Sec. 237. Section 842 of Public Law 109-115 shall not
apply to conversion of an activity or function of the
Veterans Health Administration, Veterans Benefits
Administration, or National Cemetery Administration to
contractor performance by a business concern that is at least
51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or
more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
Sec. 238. (a) Except as provided in subsection (b), the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than 5 years after
the date of the enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this
Act.
(b) The Secretary of Veterans Affairs may use a Social
Security account number to identify an individual in an
information system of the Department of Veterans Affairs if
and only if the use of such number is required to obtain
information the Secretary requires from an information system
that is not under the jurisdiction of the Secretary.
Sec. 239. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021 for ``Medical
Services'', section 239 of Division A of Public Law 114-223
shall apply.
Sec. 240. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund
to any other account within the Department of Veterans
Affairs.
Sec. 241. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2020 and fiscal year
2021 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 242. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members
of Congress or their staff on any topic not otherwise
prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national
defense or the conduct of foreign affairs.
Sec. 243. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021, section 258 of
Division A of Public Law 114-223 shall apply.
Sec. 244. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records,
documents, or other materials available to the department or
agency of the United States Government over which such
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.), or to prevent or impede
the access of such Inspector General to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to such
Inspector General and expressly limits the right of access of
such Inspector General.
[[Page H10464]]
(b) A department or agency covered by this section shall
provide its Inspector General access to all records,
documents, and other materials in a timely manner.
(c) Each Inspector General covered by this section shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or
agency over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives within 5 calendar days of any failure by any
department or agency covered by this section to comply with
this section.
Sec. 245. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021, section 248 of
Division A of Public Law 114-223 shall apply.
Sec. 246. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this
title to ensure that the ratio of veterans to full-time
employment equivalents within any program of rehabilitation
conducted under chapter 31 of title 38, United States Code,
does not exceed 125 veterans to one full-time employment
equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report
on the programs of rehabilitation conducted under chapter 31
of title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 247. None of the funds made available in this Act may
be used in a manner that would increase wait times for
veterans who seek care at medical facilities of the
Department of Veterans Affairs.
Sec. 248. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration
may be used in fiscal year 2020 to convert any program which
received specific purpose funds in fiscal year 2019 to a
general purpose funded program unless the Secretary of
Veterans Affairs submits written notification of any such
proposal to the Committees on Appropriations of both Houses
of Congress at least thirty days prior to any such action and
an approval is issued by the Committees.
Sec. 249. (a) None of the funds appropriated or otherwise
made available by this Act may be used to conduct research
commencing on or after October 1, 2019, that uses any canine,
feline, or non-human primate unless the Secretary of Veterans
Affairs approves such research specifically and in writing
pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the
conduct of research commencing on or after October 1, 2019,
using canines, felines, or non-human primates if the
Secretary determines that--
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an
illness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the
commencement of such research, the Secretary shall submit to
the Committees on Appropriations of the Senate and House of
Representatives a report describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the
Secretary that the scientific objectives of such research
could only be met using canines, felines, or non-human
primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research; and
(d) Not later than 180 days after the date of the enactment
of this Act, and biannually thereafter, the Secretary shall
submit to such Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human
primates as of the date of the submittal of the report;
(2) the circumstances under which such research was
conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-
human primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
(e) Not later than December 31, 2020, the Secretary shall
submit to such Committees a plan under which the Secretary
will eliminate or reduce the research conducted using
canines, felines, or non-human primates by not later than
five years after the date of the enactment of this Act.
Sec. 250. None of the funds made available by this Act may
be used by the Secretary of Veterans Affairs to close the
community based outpatient clinic located in Bainbridge, New
York, until the Secretary of Veterans Affairs submits to the
Committees on Appropriations of the House of Representatives
and the Senate a market area assessment.
Sec. 251. (a) Plan Required.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the appropriate committees
of Congress a plan to reduce the chances that clinical
mistakes by employees of the Department of Veterans Affairs
will result in adverse events that require institutional or
clinical disclosures and to prevent any unnecessary hardship
for patients and families impacted by such adverse events.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) A description of a process for the timely
identification of individuals impacted by disclosures
described in subsection (a) and the process for contacting
those individuals or their next of kin.
(2) A description of procedures for expediting any remedial
or follow-up care required for those individuals.
(3) A detailed outline of proposed changes to the process
of the Department for clinical quality checks and oversight.
(4) A communication plan to ensure all facilities of the
Department are made aware of any requirements updated
pursuant to the plan.
(5) A timeline detailing the implementation of the plan.
(6) An identification of the senior executive of the
Department responsible for ensuring compliance with the plan.
(7) An identification of potential impacts of the plan on
timely diagnoses for patients.
(8) An identification of the processes and procedures for
employees of the Department to make leadership at the
facility and the Department aware of adverse events that are
concerning and that result in disclosures and to ensure that
the medical impact on veterans of such disclosures is
minimized.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate;
and
(2) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the House of
Representatives.
Sec. 252. (a) Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once
every five-year period thereafter, the Secretary of Veterans
Affairs shall update the handbook of the Department of
Veterans Affairs titled ``Planning and Activating Community
Based Outpatient Clinics'', or a successor handbook, to
reflect current policies, best practices, and clarify the
roles and responsibilities of the personnel of the Department
involved in the leasing projects of the Department.
(b) The Secretary shall ensure that the handbook specified
in subsection (a) defines ``community based outpatient
clinic'' in the same manner as such term is defined in the
Veterans Health Administration Site Tracking database
(commonly known as ``VAST'') as of the date of the enactment
of this Act.
(c) The Secretary shall ensure that the Veterans Health
Administration incorporates the best practices contained in
the handbook specified in subsection (a) in conducting
oversight of the medical centers of the Department of
Veterans Affairs and the Veterans Integrated Service Network.
(d) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall provide guidance and
training to employees of the Veterans Health Administration
for the use of the handbook specified in subsection (a). The
Secretary shall update such guidance and training together
with each update of such handbook.
(rescissions of funds)
Sec. 253. Of the unobligated balances available to the
Department of Veterans Affairs from prior appropriations
Acts, the following funds are hereby rescinded from the
following accounts in the amounts specified:
``Veterans Health Administration, Medical Services'',
$350,000,000;
``Veterans Health Administration, Medical Support and
Compliance'', $10,000,000;
``Veterans Health Administration, Medical and Prosthetic
Research'', $50,000,000;
``Veterans Health Administration, DOD-VA Health Care
Sharing Incentive Fund'', $15,949,000;
``National Cemetery Administration'', $1,000,000;
``Departmental Administration, Board of Veterans Appeals'',
$8,000,000; and
``Departmental Administration, Veterans Electronic Health
Record'', $70,000,000:
Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Sec. 254. Section 252 of the Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2018 (division J of Public Law 115-141; 132 Stat. 825; 38
U.S.C.
[[Page H10465]]
1701 note) is amended by striking ``The Secretary may carry
out a 2-year pilot program'' and inserting ``During the
period preceding October 1, 2022, the Secretary of Veterans
Affairs may carry out a 2-year pilot program''.
(rescission of funds)
Sec. 255. The remaining unobligated balances in the
``Department of Veterans Affairs--Departmental
Administration--General Operating Expenses'' account from the
following funds appropriated in Public Law 107-38 are hereby
rescinded: Provided, That the amounts rescinded pursuant to
this section that were previously designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of 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 that Act:
(1) funds subject to subsequent enactment and transferred
pursuant to chapter 13 of division B of Public Law 107-117;
and
(2) funds made available and subsequently transferred
pursuant to the first proviso under the heading ``Executive
Office of the President and Funds Appropriated to the
President--Emergency Response Fund''.
Sec. 256. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or
any other Act for fiscal years 2020 and 2021 may be used for
expenses that would otherwise be payable from the Veterans
Choice Fund established by section 802 of the Veterans
Access, Choice, and Accountability Act, as amended (38 U.S.C.
1701 note).
Sec. 257. Hereafter, the matter preceding the first
proviso under the heading ``Veterans Health Administration,
Medical Services'' in title II of division C of Public Law
115-244 shall be applied for the purpose of the
appropriations under that heading that became available on
October 1, 2019, by striking ``aid to State homes as
authorized by section 1741 of title 38, United States
Code,''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$15,000 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$84,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$35,400,000: Provided, That $2,698,997 shall be available
for the purpose of providing financial assistance as
described and in accordance with the process and reporting
procedures set forth under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $2,000 for official
reception and representation expenses, $80,800,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2022. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$75,300,000, of which $12,000,000 shall remain available
until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi: Provided, That of
the amounts made available under this heading from funds
available in the Armed Forces Retirement Home Trust Fund,
$22,000,000 shall be paid from the general fund of the
Treasury to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $111,968,000, to remain available until September 30,
2024, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $94,570,000, to remain available until
September 30, 2024, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $391,988,000, to remain available until September 30,
2024, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $46,000,000, to remain available until
September 30, 2024, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. None of the funds appropriated for military
construction projects outside the United States under this
title may be obligated or expended for planning and design of
any project associated with the European Deterrence
Initiative until the Secretary of Defense develops and
submits to the congressional defense committees, in a
classified and unclassified format, a list of all of the
military construction projects associated with the European
Deterrence Initiative which the Secretary anticipates will be
carried out during each of the fiscal years 2021 through
2025.
TITLE V
NATURAL DISASTER RELIEF
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $3,477,000,000, to remain available until
September 30, 2024, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided,
That none of the funds made available in this Act to the Navy
and Marine Corps for such recovery efforts shall be available
for obligation until the Committees on Appropriations of the
House of Representatives and the Senate receive form 1391 for
each specific request: Provided further, That, not later
than 60 days after enactment of this Act, the Secretary of
the Navy, or his designee, shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a detailed expenditure plan for funds provided under this
heading in this title: Provided further, That such funds may
be obligated or expended for planning and design and military
construction projects not otherwise authorized by law:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $2,605,200,000, to remain available until September
30, 2024, for necessary expenses related to the consequences
of Hurricanes Michael and Florence and flooding and
earthquakes occurring in fiscal year 2019: Provided, That
none of the funds made available in this Act to the Air Force
for such recovery efforts shall be available for obligation
until the Committees on Appropriations of the House of
Representatives and the Senate receive form 1391 for each
specific request: Provided further, That, not later than 60
days after enactment of this Act, the Secretary of the Air
Force, or his designee, shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a detailed expenditure plan for funds provided under this
heading in this title: Provided further, That such funds may
be obligated or expended for planning and design and military
construction projects not otherwise authorized by law:
Provided further, That such amount is
[[Page H10466]]
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $77,175,000, to remain available until
September 30, 2024, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided,
That none of the funds made available in this Act to the
Department of Defense for such recovery efforts shall be
available for obligation until the Committees on
Appropriations of the House of Representatives and the Senate
receive form 1391 for each specific request: Provided
further, That, not later than 60 days after enactment of this
Act, the Secretary of Defense, or his designee, shall submit
to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan
for funds provided under this heading in this title:
Provided further, That such funds may be obligated or
expended for planning and design and military construction
projects not otherwise authorized by law: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'', $66,000,000, to remain available until
September 30, 2024, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding,
tornadoes, and earthquakes occurring in fiscal year 2019:
Provided, That none of the funds made available in this Act
to the Army National Guard for such recovery efforts shall be
available for obligation until the Committees on
Appropriations of the House of Representatives and the Senate
receive form 1391 for each specific request: Provided
further, That, not later than 60 days after enactment of this
Act, the Director of the Army National Guard, or his
designee, shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a detailed
expenditure plan for funds provided under this heading in
this title: Provided further, That such funds may be
obligated or expended for planning and design and military
construction projects not otherwise authorized by law:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Army Reserve
For an additional amount for ``Military Construction, Army
Reserve'', $3,300,000, to remain available until September
30, 2024, for necessary expenses related to the consequences
of Hurricanes Michael and Florence and flooding and
earthquakes occurring in fiscal year 2019: Provided, That
none of the funds made available in this Act to the Army
Reserve for such recovery efforts shall be available for
obligation until the Committees on Appropriations of the
House of Representatives and the Senate receive form 1391 for
each specific request: Provided further, That, not later
than 60 days after enactment of this Act, the Secretary of
the Army, or his designee, shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a detailed expenditure plan for funds provided under this
heading in this title: Provided further, That such funds may
be obligated or expended for planning and design and military
construction projects not otherwise authorized by law:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
ADMINISTRATIVE PROVISION
Sec. 501. Notwithstanding any other provision of law,
funds made available under each heading in this title shall
only be used for the purposes specifically described under
that heading.
TITLE VI
GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 602. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 603. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 604. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 605. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 606. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 607. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 608. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 609. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 610. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 611. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 612. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
Sec. 613. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10,
United States Code.
Sec. 614. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the 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.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2020''.
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,125,687,000,
of which $754,468,000 may remain available until September
30, 2021, and of which up to $4,095,899,000 may remain
available until expended for Worldwide Security Protection:
Provided, That of the amount made available under this
heading for Worldwide Security Protection, $2,626,122,000 is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of
[[Page H10467]]
1985: Provided further, That funds made available under this
heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948 (62 Stat.
11; Chapter 36), $2,896,063,000, of which up to $509,782,000
is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,840,143,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation, and
disarmament activities as authorized, $780,057,000.
(4) Security programs.--For necessary expenses for security
activities, $3,609,424,000, of which up to $3,586,117,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(7) Clarification.--References to the ``Diplomatic and
Consular Programs'' account in any provision of law shall in
this fiscal year, and each fiscal year thereafter, be
construed to include the ``Diplomatic Programs'' account.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $139,500,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, of which $13,624,000 may remain available until
September 30, 2021: Provided, That funds appropriated under
this heading are made available notwithstanding section
209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for
Afghanistan Reconstruction (SIGAR) for reconstruction
oversight, $54,900,000, to remain available until September
30, 2021, which is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That funds
appropriated under this heading that are made available for
the printing and reproduction costs of SIGAR shall not exceed
amounts for such costs during fiscal year 2019.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $730,700,000, to remain available
until expended, of which not less than $272,000,000 shall be
for the Fulbright Program and not less than $111,860,000
shall be for Citizen Exchange Program: Provided, That fees
or other payments received from, or in connection with,
English teaching, educational advising and counseling
programs, and exchange visitor programs as authorized may be
credited to this account, to remain available until expended:
Provided further, That a portion of the Fulbright awards
from the Eurasia and Central Asia regions shall be designated
as Edmund S. Muskie Fellowships, following consultation with
the Committees on Appropriations: Provided further, That
funds appropriated under this heading that are made available
for the Benjamin Gilman International Scholarships Program
shall also be made available for the John S. McCain Scholars
Program, pursuant to section 7075 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further,
That funds appropriated under this heading shall be made
available for a Civil Society Exchange Program, in accordance
with the requirements specified under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), and following
consultation with the Committees on Appropriations: Provided
further, That any substantive modifications from the prior
fiscal year to programs funded by this Act under this heading
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,212,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable
the Secretary of State to provide for extraordinary
protective services, as authorized, $30,890,000, to remain
available until September 30, 2021.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that
are owned or leased by the Department of State, and
renovating, in addition to funds otherwise available, the
Harry S Truman Building, $769,800,000, to remain available
until September 30, 2024, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized:
Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies
of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,205,649,000,
to remain available until expended, of which $424,087,000 is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $7,885,000, to remain
available until expended, of which not to exceed $1,000,000
may be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$5,563,619.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees
collected from other executive agencies for lease or use of
facilities at the International Center in accordance with
section 4 of the International Center Act (Public Law 90-
553), and, in addition, as authorized by section 5 of such
Act, $743,000, to be derived from the reserve authorized by
such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate,
conventions, or specific Acts of Congress, $1,473,806,000, of
which $96,240,000, to remain available until September 30,
2021, is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That the Secretary of State
shall, at the time of the submission of the President's
budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations
for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an
[[Page H10468]]
emergency, as far in advance as is practicable) of any United
Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere
in the United Nations budget: Provided further, That any
payment of arrearages under this heading shall be directed to
activities that are mutually agreed upon by the United States
and the respective international organization and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of
the funds appropriated under this heading shall be available
for a United States contribution to an international
organization for the United States share of interest costs
made known to the United States Government by such
organization for loans incurred on or after October 1, 1984,
through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $1,526,383,000, of which $988,656,000 is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That of the funds made available under this
heading, up to $1,069,315,000 may remain available until
September 30, 2021: Provided further, That none of the funds
made available by this Act shall be obligated or expended for
any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for such
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the
Committees on Appropriations are notified of: (1) the
estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and
the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost
in future fiscal years: Provided further, That none of the
funds appropriated under this heading may be made available
for obligation unless the Secretary of State certifies and
reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking
in persons, exploiting victims of trafficking, or committing
acts of sexual exploitation and abuse or other violations of
human rights, and to hold accountable individuals who engage
in such acts while participating in such mission, including
prosecution in their home countries and making information
about such prosecutions publicly available on the website of
the United Nations: Provided further, That the Secretary of
State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That funds
shall be available for peacekeeping expenses unless the
Secretary of State determines that United States
manufacturers and suppliers are not being given opportunities
to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That
none of the funds appropriated or otherwise made available
under this heading may be used for any United Nations
peacekeeping mission that will involve United States Armed
Forces under the command or operational control of a foreign
national, unless the President's military advisors have
submitted to the President a recommendation that such
involvement is in the national interest of the United States
and the President has submitted to Congress such a
recommendation: Provided further, That the Secretary of
State shall work with the United Nations and members of the
United Nations Security Council to evaluate and prioritize
peacekeeping missions, and to consider a drawdown when
mission goals have been substantially achieved: Provided
further, That any payment of arrearages with funds
appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$48,170,000.
construction
For detailed plan preparation and construction of
authorized projects, $36,900,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and the Border Environment Cooperation Commission as
authorized by the North American Free Trade Agreement
Implementation Act (Public Law 103-182), $15,008,000:
Provided, That of the amount provided under this heading for
the International Joint Commission, up to $1,250,000 may
remain available until September 30, 2021, and up to $9,000
may be made available for representation expenses: Provided
further, That of the amount provided under this heading for
the International Boundary Commission, up to $1,000 may be
made available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $62,718,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency
for Global Media (USAGM), as authorized, to carry out
international communication activities, and to make and
supervise grants for radio, Internet, and television
broadcasting to the Middle East, $798,696,000: Provided,
That in addition to amounts otherwise available for such
purposes, up to $40,708,000 of the amount appropriated under
this heading may remain available until expended for
satellite transmissions and Internet freedom programs, of
which not less than $20,000,000 shall be for Internet freedom
programs: Provided further, That of the total amount
appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be
used for such expenses within the United States as
authorized, and not to exceed $30,000 may be used for
representation expenses of Radio Free Europe/Radio Liberty:
Provided further, That the USAGM shall notify the Committees
on Appropriations within 15 days of any determination by the
USAGM that any of its broadcast entities, including its
grantee organizations, provides an open platform for
international terrorists or those who support international
terrorism, or is in violation of the principles and standards
set forth in subsections (a) and (b) of section 303 of the
United States International Broadcasting Act of 1994 (22
U.S.C. 6202) or the entity's journalistic code of ethics:
Provided further, That in addition to funds made available
under this heading, and notwithstanding any other provision
of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts
from cooperating international organizations, and up to
$1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out
authorized purposes: Provided further, That significant
modifications to USAGM broadcast hours previously justified
to Congress, including changes to transmission platforms
(shortwave, medium wave, satellite, Internet, and
television), for all USAGM language services shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That up to $7,000,000 from
the USAGM Buying Power Maintenance account may be transferred
to, and merged with, funds appropriated by this Act under the
heading ``International Broadcasting Operations'', which
shall remain available until expended: Provided further,
That such transfer authority is in addition to any transfer
authority otherwise available under any other provision of
law and shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided further, That any reference to the
``Broadcasting Board of Governors'' or ``BBG'', including in
any account providing amounts to the Broadcasting Board of
Governors, in any Act making appropriations for the
Department of State, foreign operations, and related programs
enacted before, on, or after the date of the enactment of
this Act shall for this fiscal year, and any fiscal year
thereafter, be construed to mean the ``United States Agency
for Global Media'' or ``USAGM'', respectively.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $11,700,000,
to remain available until expended, as authorized, of which
not less than $2,000,000 shall be made available for
emergency repairs to USAGM transmitting stations.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22
[[Page H10469]]
U.S.C. 4402), $19,000,000, to remain available until
expended: Provided, That funds appropriated under this
heading shall be apportioned and obligated to the Foundation
not later than 60 days after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $45,000,000, to remain
available until September 30, 2021, which shall not be used
for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (22
U.S.C. 2078), the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2020, to
remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2020, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by section 5376 of title 5, United States
Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations,
including the restrictions on compensation for personal
services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452 note), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2020, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $16,700,000: Provided,
That funds appropriated under this heading shall be
apportioned and obligated to the Center not later than 60
days after enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $300,000,000,
to remain available until expended, of which $195,840,000
shall be allocated in the traditional and customary manner,
including for the core institutes, and $104,160,000 shall be
for democracy programs: Provided, That the requirements of
section 7061(a) of this Act shall not apply to funds made
available under this heading: Provided further, That funds
appropriated under this heading shall be apportioned and
obligated to the Endowment not later than 60 days after
enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $675,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2020:
Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such
authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by
title II of the International Religious Freedom Act of 1998
(22 U.S.C. 6431 et seq.), $4,500,000, to remain available
until September 30, 2021, including not more than $4,000 for
representation expenses: Provided, That prior to the
obligation of $1,000,000 of the funds appropriated under this
heading, the Commission shall consult with the appropriate
congressional committees on the status of legislation to
reauthorize the Commission, and such funds shall be subject
to the regular notification procedures of the Committees on
Appropriations.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,579,000, including not more than
$4,000 for representation expenses, to remain available until
September 30, 2021.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized
by title III of the U.S.-China Relations Act of 2000 (22
U.S.C. 6911 et seq.), $2,250,000, including not more than
$3,000 for representation expenses, to remain available until
September 30, 2021.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2021: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall continue in effect during fiscal
year 2020 and shall apply to funds appropriated under this
heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,377,246,000, of which up to $206,587,000 may remain
available until September 30, 2021: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for
the expenditure of such funds through the following fiscal
year: Provided further, That the authority of sections 610
and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That of the funds
appropriated or made available under this heading, not to
exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID
during the current fiscal year: Provided further, That the
USAID Administrator shall consult with the Committees on
Appropriations not later than 60 days after enactment of this
Act on changes to the account structure as described in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $210,300,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available subject to
the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$75,500,000, of which up to $11,325,000 may remain available
until September 30, 2021, for the Office of Inspector General
of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $3,162,450,000, to
remain available until September 30, 2021, and which shall be
apportioned directly to the United States Agency for
International Development not later than 60 days after
enactment of this Act: Provided, That this amount shall be
made available for training, equipment, and technical
assistance to build the capacity of public health
institutions and organizations in
[[Page H10470]]
developing countries, and for such activities as: (1) child
survival and maternal health programs; (2) immunization and
oral rehydration programs; (3) other health, nutrition, water
and sanitation programs which directly address the needs of
mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other
than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio,
malaria, and other infectious diseases including neglected
tropical diseases, and for assistance to communities severely
affected by HIV/AIDS, including children infected or affected
by AIDS; (6) disaster preparedness training for health
crises; (7) programs to prevent, prepare for, and respond to,
unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That
funds appropriated under this paragraph may be made available
for a United States contribution to The GAVI Alliance:
Provided further, That none of the funds made available in
this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the
United States, supports or participates in the management of
a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the
previous proviso must be made not later than 6 months after
the date of enactment of this Act, and must be accompanied by
the evidence and criteria utilized to make the determination:
Provided further, That none of the funds made available
under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter
any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided
further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided
further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to
voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for
the Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,930,000,000, to remain available until September 30,
2024, which shall be apportioned directly to the Department
of State not later than 60 days after enactment of this Act:
Provided, That funds appropriated under this paragraph may be
made available, notwithstanding any other provision of law,
except for the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25),
for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund): Provided
further, That the amount of such contribution shall be
$1,560,000,000 and shall be for the first installment of the
sixth replenishment: Provided further, That up to 5 percent
of the aggregate amount of funds made available to the Global
Fund in fiscal year 2020 may be made available to USAID for
technical assistance related to the activities of the Global
Fund, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this paragraph, up to $17,000,000
may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of
the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $3,400,000,000, to remain available until September 30,
2021: Provided, That funds made available under this heading
shall be apportioned directly to the United States Agency for
International Development not later than 60 days after
enactment of this Act.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $4,395,362,000, to remain
available until expended, of which $1,733,980,000 is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That funds made available
under this heading shall be apportioned to the United States
Agency for International Development not later than 60 days
after enactment of this Act.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency
for International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, and to support transition to
democracy and long-term development of countries in crisis,
$92,043,000, to remain available until expended: Provided,
That such support may include assistance to develop,
strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict: Provided further, That the
USAID Administrator shall submit a report to the Committees
on Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
Secretary of State determines that it is important to the
national interest of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That
funds made available pursuant to the previous proviso shall
be made available subject to prior consultation with the
Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to support programs and
activities administered by the United States Agency for
International Development to prevent or respond to emerging
or unforeseen foreign challenges and complex crises overseas,
$30,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made
available on such terms and conditions as are appropriate and
necessary for the purposes of preventing or responding to
such challenges and crises, except that no funds shall be
made available for lethal assistance or to respond to natural
disasters: Provided further, That funds appropriated under
this heading may be made available notwithstanding any other
provision of law, except sections 7007, 7008, and 7018 of
this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That funds appropriated under this
heading may be used for administrative expenses, in addition
to funds otherwise available for such purposes, except that
such expenses may not exceed 5 percent of the funds
appropriated under this heading: Provided further, That
funds appropriated under this heading shall be apportioned to
USAID not later than 60 days after enactment of this Act:
Provided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of
the Committees on Appropriations, except that such
notifications shall be transmitted at least 5 days prior to
the obligation of funds.
[[Page H10471]]
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$3,045,000,000, to remain available until September 30, 2021.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, including to carry out the purposes of section
502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$178,450,000, to remain available until September 30, 2021,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State, and shall be apportioned to such
Bureau not later than 60 days after enactment of this Act:
Provided, That funds appropriated under this heading that are
made available to the National Endowment for Democracy and
its core institutes are in addition to amounts otherwise
available by this Act for such purposes: Provided further,
That the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, shall consult with the Committees
on Appropriations prior to the initial obligation of funds
appropriated under this paragraph.
For an additional amount for such purposes, $95,250,000, to
remain available until September 30, 2021, which shall be
made available for the Bureau for Democracy, Conflict, and
Humanitarian Assistance, United States Agency for
International Development, and shall be apportioned to such
Bureau not later than 60 days after enactment of this Act.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act
(Public Law 102-511), and the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179),
$770,334,000, to remain available until September 30, 2021,
which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and
related programs for countries identified in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the
SEED Act of 1989 (22 U.S.C. 5402), in addition to funds
otherwise available for such purposes: Provided, That funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be
administered in accordance with the responsibilities of the
coordinator designated pursuant to section 102 of the FREEDOM
Support Act and section 601 of the SEED Act of 1989:
Provided further, That funds appropriated under this heading
shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making
available the administrative authorities contained in that
Act for the use of economic assistance: Provided further,
That funds appropriated under this heading may be made
available for contributions to multilateral initiatives to
counter hybrid threats: Provided further, That any
notification of funds made available under this heading in
this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs
shall include information (if known on the date of
transmittal of such notification) on the use of
notwithstanding authority: Provided further, That if
subsequent to the notification of assistance it becomes
necessary to rely on notwithstanding authority, the
Committees on Appropriations should be informed at the
earliest opportunity and to the extent practicable.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962 (22 U.S.C. 2601), and other activities to meet
refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980 (22 U.S.C. 3901 et seq.); allowances as
authorized by sections 5921 through 5925 of title 5, United
States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United
States Code, $3,432,000,000, to remain available until
expended, of which: $1,521,355,000 is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985;
not less than $35,000,000 shall be made available to respond
to small-scale emergency humanitarian requirements; and
$5,000,000 shall be made available for refugees resettling in
Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601(c)), $100,000, to remain available until
expended: Provided, That amounts in excess of the limitation
contained in paragraph (2) of such section shall be
transferred to, and merged with, funds made available by this
Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$410,500,000, of which $6,330,000 is for the Office of
Inspector General, to remain available until September 30,
2021: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may
not be derived from amounts made available for Peace Corps
overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may
be available for representation expenses, of which not to
exceed $4,000 may be made available for entertainment
expenses: Provided further, That none of the funds
appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the
previous proviso, section 614 of division E of Public Law
113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $905,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading,
up to $105,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation: Provided
further, That section 605(e) of the MCA (22 U.S.C. 7704(e))
shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact
entered into pursuant to section 609 of the MCA (22 U.S.C.
7708) only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds
and the mutual agreement of the parties to the Compact to
proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact:
Provided further, That no country should be eligible for a
threshold program after such country has completed a country
compact: Provided further, That of the funds appropriated
under this heading, not to exceed $100,000 may be available
for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$37,500,000, to remain available until September 30, 2021:
Provided, That of the funds appropriated under this heading,
not to exceed $2,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h
et seq.), $33,000,000, to remain available until September
30, 2021, of which not to exceed $2,000 may be available for
representation expenses: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for
the purposes for which the grant was made: Provided further,
That notwithstanding section 505(a)(2) of the African
Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section
with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely
to foreign currency fluctuation: Provided further, That the
USADF shall submit a report to the appropriate congressional
committees after each time such waiver authority is
exercised: Provided further, That the USADF may make rent or
lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest
earned on such accounts, in furtherance of the purposes of
the African Development Foundation Act: Provided further,
That the USADF may not withdraw any appropriation from the
Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$30,000,000, to remain available until expended, of which not
more than $6,000,000 may be used for administrative expenses:
Provided, That amounts made available under this heading may
be made available to contract for services as described in
section 129(d)(3)(A) of the Foreign Assistance Act of 1961,
without regard to the location in which such services are
performed.
[[Page H10472]]
debt restructuring
For the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to part V of the
Foreign Assistance Act of 1961, $15,000,000, to remain
available until September 30, 2021.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,391,000,000, to remain
available until September 30, 2021: Provided, That the
Department of State may use the authority of section 608 of
the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing
such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading shall be made available to support
training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial
authorities, utilizing regional partners: Provided further,
That funds made available under this heading that are
transferred to another department, agency, or instrumentality
of the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$895,750,000, to remain available until September 30, 2021,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763),
or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities,
notwithstanding any other provision of law, including
activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That
funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be made
available, notwithstanding any other provision of law and
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and
shall remain available until expended: Provided further,
That such funds may also be used for such countries other
than the Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be
made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to
participate in the activities of that Agency: Provided
further, That funds made available for conventional weapons
destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities,
subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$457,348,000, of which $325,213,000, to remain available
until September 30, 2021, is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided, That
funds appropriated under this heading may be used,
notwithstanding section 660 of the Foreign Assistance Act of
1961, to provide assistance to enhance the capacity of
foreign civilian security forces, including gendarmes, to
participate in peacekeeping operations: Provided further,
That of the funds appropriated under this heading, not less
than $31,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission
in the Sinai and not less than $71,000,000 shall be made
available for the Global Peace Operations Initiative:
Provided further, That funds appropriated under this heading
may be made available to pay assessed expenses of
international peacekeeping activities in Somalia under the
same terms and conditions, as applicable, as funds
appropriated by this Act under the heading ``Contributions
for International Peacekeeping Activities'': Provided
further, That none of the funds appropriated under this
heading shall be obligated except as provided through the
regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$112,925,000, of which up to $11,000,000 may remain available
until September 30, 2021 and may not be obligated until the
Secretary of State submits to the Committees on
Appropriations, following consultation with such Committees,
a monitoring and evaluation plan for funds made available
under this heading, as described under this heading in Senate
Report 116-126: Provided, That the civilian personnel for
whom military education and training may be provided under
this heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That of the
funds appropriated under this heading, not to exceed $50,000
may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act (22 U.S.C. 2763), $6,156,924,000, of which
$511,909,000, to remain available until September 30, 2021,
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That to expedite the
provision of assistance to foreign countries and
international organizations, the Secretary of State,
following consultation with the Committees on Appropriations
and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading
to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That
of the funds appropriated under this heading, not less than
$3,300,000,000 shall be available for grants only for Israel
which shall be disbursed within 30 days of enactment of this
Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less
than $805,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That funds
appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further,
That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That
not more than $70,000,000 of the funds appropriated under
this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for
the general costs of administering military assistance and
sales,
[[Page H10473]]
except that this limitation may be exceeded only through the
regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made
available under this heading for general costs of
administering military assistance and sales, not to exceed
$4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses:
Provided further, That not more than $1,082,200,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2020 pursuant to section 43(b) of the Arms Export
Control Act (22 U.S.C. 2792(b)), except that this limitation
may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961,
$390,500,000: Provided, That section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to contributions to
the United Nations Democracy Fund: Provided further, That
not later than 60 days after enactment of this Act, such
funds shall be made available for core contributions for each
entity listed in the table under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) unless
otherwise provided for in this Act, or if the Secretary of
State has justified the proposed uses of funds other than for
core contributions following prior consultation with, and
subject to the regular notification procedures of, the
Committees on Appropriations.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction
and Development as trustee for the Global Environment
Facility by the Secretary of the Treasury, $139,575,000, to
remain available until, and to be fully disbursed not later
than, September 30, 2021: Provided, That of such amount,
$136,563,000, which shall remain available until September
30, 2020, is only available for the second installment of the
seventh replenishment of the Global Environment Facility, and
shall be obligated and disbursed not later than 90 days after
enactment of this Act: Provided further, That the Secretary
shall report to the Committees on Appropriations on the
status of funds provided under this heading not less than
quarterly until fully disbursed: Provided further, That in
such report the Secretary shall provide a timeline for the
obligation and disbursement of any funds that have not yet
been obligated or disbursed.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury for the
United States share of the paid-in portion of the increases
in capital stock, $206,500,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not
to exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,097,010,000, to remain
available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$47,395,000, to remain available until expended.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $171,300,000, to remain available
until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until, and to be fully disbursed no later
than, September 30, 2021, for the second installment of the
eleventh replenishment of the International Fund for
Agricultural Development: Provided, That the Secretary of
the Treasury shall report to the Committees on Appropriations
on the status of such payment not less than quarterly until
fully disbursed: Provided further, That in such report the
Secretary shall provide a timeline for the obligation and
disbursement of any funds that have not yet been obligated or
disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $5,700,000, of which up to $855,000
may remain available until September 30, 2021.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to
make expenditures, contracts, or commitments for the export
of nuclear equipment, fuel, or technology to any country,
other than a nuclear-weapon state as defined in Article IX of
the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the
date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to
exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, not to exceed
$110,000,000, of which up to $16,500,000 may remain available
until September 30, 2021: Provided, That the Export-Import
Bank (the Bank) may accept, and use, payment or services
provided by transaction participants for legal, financial, or
technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special
services performed on a contract or fee basis, but not
including other personal services) in connection with the
collection of moneys owed the Bank, repossession or sale of
pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or
appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which
an application for a loan, guarantee or insurance commitment
has been made, or systems infrastructure directly supporting
transactions: Provided further, That in addition to other
funds appropriated for administrative expenses, such fees
shall be credited to this account for such purposes, to
remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79-173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from
the General Fund shall be reduced on a dollar-for-dollar
basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund
estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $2,000,000, to remain available
until September 30, 2021.
corporate capital account
The United States International Development Finance
Corporation (the Corporation) is authorized to make such
expenditures and commitments within the limits of funds and
borrowing authority available to the Corporation, and in
accordance with the law, and to make such expenditures and
commitments without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for
necessary expenses of the activities described in subsections
(b), (c), (e), (f), and (g) of section 1421 of the BUILD Act
of 2018 (division F of Public Law 115-254) and for
administrative expenses to carry out authorized activities
and project-specific transaction costs described in section
1434(d) of such Act, $299,000,000: Provided further, That of
the amount provided--
(1) $119,000,000 shall remain available until September 30,
2022, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section
1434(k) of such Act, of which $1,000,000 shall remain
available until September 30, 2024;
(2) $150,000,000 shall remain available until September 30,
2022, for the activities described in section 1421(c) of such
Act, except such amounts obligated in a fiscal year shall
remain available for disbursement for the term of the
underlying project: Provided further, That if the term of
the project extends longer than 10 fiscal years, the Chief
Executive Officer of the Corporation shall inform the
appropriate congressional committees prior to the obligation
or disbursement of funds, as applicable: Provided further,
That amounts may only be obligated after the
[[Page H10474]]
Chief Executive Officer of the Corporation submits to the
appropriate congressional committees the guidelines and
criteria required by paragraph (3) of such section; and
(3) $30,000,000 shall be paid to the ``United States
International Development Finance Corporation--Program
Account'' for programs authorized by subsections (b), (e),
(f), and (g) of section 1421 of the BUILD Act of 2018
(division F of Public Law 115-254):
Provided further, That funds may only be obligated pursuant
to section 1421(g) of the BUILD Act of 2018 subject to prior
consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations: Provided further, That in this fiscal year,
and each fiscal year thereafter, the Corporation shall
collect the amounts described in section 1434(h) of the BUILD
Act of 2018: Provided further, That in fiscal year 2020 such
collections shall be credited as offsetting collections to
this appropriation: Provided further, That such collections
collected in fiscal year 2020 in excess of $299,000,000 shall
be credited to this account and shall be available in future
fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That in fiscal year
2020, if such collections are less than $299,000,000,
receipts collected pursuant to the BUILD Act of 2018 and the
Federal Credit Reform Act of 1990, in an amount equal to such
shortfall, shall be credited as offsetting collections to
this appropriation: Provided further, That funds
appropriated or otherwise made available under this heading
may not be used to provide any type of assistance that is
otherwise prohibited by any other provision of law or to
provide assistance to any foreign country that is otherwise
prohibited by any other provision of law: Provided further,
That the sums herein appropriated from the General Fund shall
be reduced on a dollar-for-dollar basis by the offsetting
collections described under this heading so as to result in a
final fiscal year appropriation from the General Fund
estimated at $0.
program account
Amounts paid from ``United States International Development
Finance Corporation--Corporate Capital Account'' (CCA) shall
remain available until September 30, 2022: Provided, That up
to $80,000,000 of amounts paid to this account from CCA or
transferred to this account pursuant to section 1434(j) of
the BUILD Act of 2018 (division F of Public Law 115-254)
shall be available for the costs of direct and guaranteed
loans provided by the Corporation pursuant to section 1421(b)
of such Act: Provided further, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974:
Provided further, That such amounts obligated in a fiscal
year shall remain available for disbursement for the
following 8 fiscal years: Provided further, That funds
transferred to carry out the Foreign Assistance Act of 1961
pursuant to section 1434(j) of the BUILD Act of 2018 may
remain available for obligation for 1 additional fiscal year:
Provided further, That the total loan principal or
guaranteed principal amount shall not exceed $8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$79,500,000, to remain available until September 30, 2021, of
which no more than $19,000,000 may be used for administrative
expenses: Provided, That of the funds appropriated under
this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31,
United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances
by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in
fiscal year 2020 or any previous fiscal year, disaggregated
by fiscal year: Provided, That the report required by this
section shall be submitted not later than 30 days after the
end of each fiscal quarter and should specify by account the
amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of this Act for any consulting service through
procurement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued
pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G
of that Act), as amended by section 111 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law 114-323),
a project to construct a facility of the United States may
include office space or other accommodations for members of
the United States Marine Corps.
(b) New Diplomatic Facilities.--For the purposes of
calculating the fiscal year 2020 costs of providing new
United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
Secretary of State, in consultation with the Director of the
Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is
proportional to the contribution of the Department of State
for this purpose.
(c) Consultation and Notification.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, which may be made available for the acquisition of
property or award of construction contracts for overseas
United States diplomatic facilities during fiscal year 2020,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection
shall include the information enumerated under the heading
``Embassy Security, Construction, and Maintenance'' in House
Report 116-78.
(d) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United
States diplomatic facilities abroad, including physical
security upgrades and local guard staffing, except that the
amount of funds made available for such purposes from this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be a
minimum of $25,000,000.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is
a security risk to personnel.
(e) Soft Targets.--Of the funds appropriated by this Act
under the heading ``Embassy Security, Construction, and
Maintenance'', not less than $10,000,000 shall be made
available for security upgrades to soft targets, including
schools, recreational facilities, and residences used by
United States diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a
reprogramming of funds under section 7015 of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before enactment of this Act
by Congress: Provided, That up to $25,000 may be made
available to carry out the provisions of section 316 of the
International Security and Development Cooperation Act of
1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance, and guarantees of
the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat
or decree or, after the date of enactment of this Act, a coup
d'etat or decree in which the military
[[Page H10475]]
plays a decisive role: Provided, That assistance may be
resumed to such government if the Secretary of State
certifies and reports to the appropriate congressional
committees that subsequent to the termination of assistance a
democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public
participation in democratic processes: Provided further,
That funds made available pursuant to the previous provisos
shall be subject to the regular notification procedures of
the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency
for Global Media.--
(1) Department of State.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for Worldwide
Security Protection, ``Embassy Security, Construction, and
Maintenance'', and ``Emergencies in the Diplomatic and
Consular Service'' in this Act may be transferred to, and
merged with, funds appropriated under such headings if the
Secretary of State determines and reports to the Committees
on Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board,
for emergency evacuations, or to prevent or respond to
security situations and requirements, following consultation
with, and subject to the regular notification procedures of,
such Committees: Provided, That such transfer authority is
in addition to any transfer authority otherwise available in
this Act and under any other provision of law.
(2) United States Agency for Global Media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media
under title I of this Act may be transferred between, and
merged with, such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 10 percent by any such transfers.
(3) Treatment as Reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other
appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized
elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961
may be allocated or transferred to agencies of the United
States Government pursuant to the provisions of sections 109,
610, and 632 of the Foreign Assistance Act of 1961, and
section 1434(j) of the BUILD Act of 2018 (division F of
Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of
the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to section 632(a)
of such Act, with funds appropriated by this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall
not apply to agreements entered into between USAID and the
Department of State.
(c) United States International Development Finance
Corporation.--
(1) Limitation.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law
115-254) may only be transferred from funds made available
under title III of this Act, and such amounts shall not
exceed $50,000,000: Provided, That any such transfers shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the United
States International Development Finance Corporation (the
Corporation), as appropriate, shall ensure that the programs
funded by such transfers are coordinated with, and
complement, foreign assistance programs implemented by the
Department of State and USAID: Provided further, That no
funds transferred pursuant to such authority may be used by
the Corporation to post personnel abroad or for activities
described in section 1421(c) of such Act.
(2) Development credit authority account.--Funds
transferred from the Development Credit Authority program
account of the United States Agency for International
Development to the Corporate Capital Account of the United
States International Development Finance Corporation pursuant
to section 1434(i) of the BUILD Act of 2018 (division F of
Public Law 115-254) shall be transferred to, and merged with,
such account, and may thereafter be deemed to meet any
minimum funding requirements attributed for at the time of
deposit into the Development Credit Authority program
account.
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to
the Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any
agreement for the transfer or allocation of funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961, or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for
the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and
report to the Department of State or USAID, as appropriate,
upon completion of such audits: Provided, That such audits
shall be transmitted to the Committees on Appropriations by
the Department of State or USAID, as appropriate: Provided
further, That funds transferred under such authority may be
made available for the cost of such audits.
(f) Transfer of Overseas Contingency Operations/global War
on Terrorism Funds.--Funds appropriated by this Act under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' that are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 may be transferred
to, and merged with, such funds appropriated under such
headings: Provided, That such transfer authority may only be
exercised to address contingencies: Provided further, That
such transfer authority is in addition to any transfer
authority otherwise available under any other provision of
law, including section 610 of the Foreign Assistance Act of
1961: Provided further, That such transfer authority shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and
agencies funded by this Act in contravention of section 301-
10.122 through 301-10.124 of title 41, Code of Federal
Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block
access to sexually explicit websites: Provided, That nothing
in this subsection shall limit the use of funds necessary for
any Federal, State, tribal, or local law enforcement agency,
or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such
websites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds
made available by this Act shall be available to promote the
sale or export of tobacco or tobacco products, or to seek the
reduction or removal by any foreign country of restrictions
on the marketing of tobacco or tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
(d) Email Servers Outside the .gov Domain.--None of the
funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II that are made available to the Department
of State and the United States Agency for International
Development may be made available to support the use or
establishment of email accounts or email servers created
outside the .gov domain or not fitted for
[[Page H10476]]
automated records management as part of a Federal government
records management program in contravention of the
Presidential and Federal Records Act Amendments of 2014
(Public Law 113-187).
(e) Representation and Entertainment Expenses.--Each
Federal department, agency, or entity funded in titles I or
II of this Act, and the Department of the Treasury and
independent agencies funded in titles III or VI of this Act,
shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official
agency business and United States foreign policy interests,
and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the
funds appropriated or otherwise made available by this Act
under the headings ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' may be obligated or expended to
pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided by this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act (22 U.S.C. 2763), and funds made available for ``United
States International Development Finance Corporation'' and
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods
of availability contained in this Act: Provided further,
That notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of
1961 which are allocated or obligated for cash disbursements
in order to address balance of payments or economic policy
reform objectives, shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That the Secretary of State shall provide a
report to the Committees on Appropriations not later than
October 31, 2020, detailing by account and source year, the
use of this authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultation with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States
Agency for International Development shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2020 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance
programs, either directly or through grantees, contractors,
and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2021 and
for prior fiscal years and allocated for the central
government of such country or for the West Bank and Gaza
program, as applicable, if, not later than September 30,
2021, such taxes have not been reimbursed: Provided, That
the Secretary of State shall report to the Committees on
Appropriations by such date on the foreign governments and
entities that have not reimbursed such taxes, including any
amount of funds withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which
do not assess taxes on United States assistance or which have
an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of
such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior
to exercising the authority of this subsection with regard to
any foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and
update rules, regulations, or policy guidance, as
appropriate, to implement the prohibition against the
taxation of assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges
and immunities applicable to United States foreign assistance
for such country generally, or an individual agreement
between the Government of the United States and such
government that describes, among other things, the treatment
for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State, in consultation with the heads
of other relevant agencies of the United States Government,
shall submit a report to the Committees on Appropriations on
the requirements contained under this section in House Report
116-78.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) Extension of Availability.--In addition to the
authority contained in subsection (a), the original period of
availability of funds appropriated by this Act and
administered by the Department of State or the United States
Agency for International Development that are specifically
designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds
can be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated
funding levels contained in this Act shall not be applicable
to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically
so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs,
Projects, and Activities.--None of the funds made available
in titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs to the departments and
agencies funded by this Act that remain available for
obligation in fiscal year 2020, or provided from any accounts
in the Treasury of the United States derived by the
collection of fees or of currency reflows
[[Page H10477]]
or other offsetting collections, or made available by
transfer, to the departments and agencies funded by this Act,
shall be available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on
Appropriations or such Committees are notified 15 days in
advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I and II of this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, to the departments
and agencies funded under titles I and II of this Act that
remain available for obligation in fiscal year 2020, or
provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the
department and agency funded under title I of this Act, shall
be available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development
Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Peacekeeping Operations'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium
Challenge Corporation'', ``Foreign Military Financing
Program'', ``International Military Education and Training'',
``United States International Development Finance
Corporation'', and ``Peace Corps'', shall be available for
obligation for programs, projects, activities, type of
materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of
these specific headings unless the Committees on
Appropriations are notified 15 days in advance of such
obligation: Provided, That the President shall not enter
into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act
shall not apply to any reprogramming for a program, project,
or activity for which funds are appropriated under titles III
through VI of this Act of less than 10 percent of the amount
previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year:
Provided further, That any notification submitted pursuant to
subsection (f) of this section shall include information (if
known on the date of transmittal of such notification) on the
use of notwithstanding authority.
(d) Department of Defense Programs and Funding
Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any
Act making or authorizing appropriations for the Department
of Defense, unless the Secretary of State, in consultation
with the Secretary of Defense and in accordance with the
regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees
that includes a description of, and the estimated costs
associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and the United States Agency for
International Development for assistance for foreign
countries and international organizations shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same
conditions as other committees pursuant to subsection (f) of
that section: Provided, That before issuing a letter of
offer to sell excess defense articles under the Arms Export
Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued
(in terms of original acquisition cost) at $7,000,000 or
more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that
would receive such excess defense articles: Provided
further, That such Committees shall also be informed of the
original acquisition cost of such defense articles.
(e) Waiver.--The requirements of this section or any
similar provision of this Act or any other Act, including any
prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided,
That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking
the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan,
Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador,
Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon,
Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian
Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria,
Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided
through the regular notification procedures of the Committees
on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III of this Act and prior Acts making
funds available for the Department of State, foreign
operations, and related programs that are made available for
a trust fund held by an international financial institution
shall be subject to the regular notification procedures of
the Committees on Appropriations and such notification shall
include the information specified under this section in House
Report 116-78.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I
of this Act under the heading ``Diplomatic Programs'' that
are made available for lateral entry into the Foreign Service
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of
the Committees on Appropriations:
(A) the Global Engagement Center, except that the Secretary
of State shall consult with the appropriate congressional
committees prior to submitting such notification;
(B) the Power Africa initiative, or any successor program;
(C) community-based police assistance conducted pursuant to
the authority of section 7035(a)(1) of this Act;
(D) the Relief and Recovery Fund and the Global Fragility
Fund, if enacted into law;
(E) the Indo-Pacific Strategy and the Countering Chinese
Influence Fund;
(F) the Global Security Contingency Fund;
(G) the Countering Russian Influence Fund;
(H) programs to end modern slavery; and
(I) the Women's Global Development and Prosperity Fund.
(i) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Foreign Assistance Review or Realignment.--
Programmatic, funding, and organizational changes resulting
from implementation of any foreign assistance review or
realignment shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations: Provided, That such notifications may be
submitted in classified form, if necessary.
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act shall be available to a nongovernmental
organization, including any contractor, which fails to
provide upon timely request any document, file, or record
necessary to the auditing requirements of the Department of
State and the United States Agency for International
Development.
[[Page H10478]]
(b) Records Management and Related Cybersecurity
Protections.--The Secretary of State and USAID Administrator
shall--
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received
in the conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II, as appropriate, to improve Federal
records management pursuant to the Federal Records Act (44
U.S.C. Chapters 21, 29, 31, and 33) and other applicable
Federal records management statutes, regulations, or policies
for the Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong
to the Federal Government;
(4) improve the response time for identifying and
retrieving Federal records, including requests made pursuant
to section 552 of title 5, United States Code (commonly known
as the ``Freedom of Information Act''); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control
of national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection
(b), funds appropriated by this Act under titles III through
V shall be made available at not less than the amounts
specifically designated in the respective tables included in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That such designated amounts for foreign countries
and international organizations shall serve as the amounts
for such countries and international organizations
transmitted to Congress in the report required by section
653(a) of the Foreign Assistance Act of 1961, and shall be
made available for such foreign countries and international
organizations notwithstanding the date of the transmission of
such report.
(b) Authorized Deviations Below Minimum Levels.--Unless
otherwise provided for by this Act, the Secretary of State
and the Administrator of the United States Agency for
International Development, as applicable, may deviate by not
more than 10 percent below the minimum amounts specifically
designated in the respective tables in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That
deviations pursuant to this subsection shall be subject to
prior consultation with the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that
are included, pursuant to subsection (a), in the report
required by section 653(a) of the Foreign Assistance Act of
1961, deviations authorized by subsection (b) may only take
place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables included in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act);
(B) funds for which the initial period of availability has
expired; and
(C) amounts designated by this Act as minimum funding
requirements.
(2) The authority in subsection (b) to deviate below
amounts designated in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) shall not
apply to the table included under the heading ``Global Health
Programs'' in such statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``Economic Support
Fund'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), subsection (b) shall be applied by
substituting ``5 percent'' for ``10 percent''.
(e) Reports.--The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit
the reports required, in the manner described, in House
Report 116-78, Senate Report 116-126, and the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), unless directed
otherwise in such explanatory statement.
(f) Clarification.--Funds appropriated by this Act and the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6)
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall not be included
for purposes of meeting amounts designated for countries in
this Act or the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), or such prior Act or accompanying joint explanatory
statement, unless such headings are specifically designated
as the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any
multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge meets the
requirements enumerated under this section in House Report
116-78.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the
government of which the Secretary of State has determined
supports international terrorism for purposes of section
1754(c) of the Export Reform Control Act of 2018 (50 U.S.C.
4813(c)): Provided, That the prohibition under this section
with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if
the President determines that to do so is important to the
national interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall not be made available
to any foreign government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 3094(a)(1)).
[[Page H10479]]
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
``Economic Support Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', and ``Foreign Military Financing
Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central
program level funding within each such account, and for the
development assistance accounts of the United States Agency
for International Development, ``program, project, and
activity'' shall also be considered to include central,
country, regional, and program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign
Assistance Act of 1961 or as modified pursuant to section
7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited,
the agency shall consult with the Committees on
Appropriations and report to such Committees within 15 days
of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act for direct assistance and none of the funds
otherwise made available to the Export-Import Bank and the
United States International Development Finance Corporation
shall be obligated or expended to finance any loan, any
assistance, or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply
to the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or
training in connection with the growth or production in a
foreign country of an agricultural commodity for export which
would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not
prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of the international financial institutions to use
the voice and vote of the United States to oppose any
assistance by such institutions, using funds appropriated or
made available by this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial
injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 under agreements which result in the generation of
local currencies of that country, the Administrator of the
United States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular
notification procedures, including a description of the
program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2020, restrictions
contained in this or any other Act with respect to assistance
for a
[[Page H10480]]
country shall not be construed to restrict assistance under
the Food for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et
seq.): Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition
for Local Entities.--Funds appropriated by this Act that are
made available to the United States Agency for International
Development may only be made available for limited
competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) Extension of Procurement Authority.--Section 7077 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall continue in effect during fiscal year 2020.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use
the voice of the United States to encourage such institution
to adopt and implement a publicly available policy, including
the strategic use of peer reviews and external experts, to
conduct independent, in-depth evaluations of the
effectiveness of at least 25 percent of all loans, grants,
programs, and significant analytical non-lending activities
in advancing the institution's goals of reducing poverty and
promoting equitable economic growth, consistent with relevant
safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data
and objective analysis: Provided, That not later than 45
days after enactment of this Act, the Secretary shall submit
a report to the Committees on Appropriations on steps taken
in fiscal year 2019 by the United States executive directors
and the international financial institutions consistent with
this subsection compared to the previous fiscal year.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International
Bank for Reconstruction and Development and the International
Development Association to use the voice and vote of the
United States to oppose any loan, grant, policy, or strategy
if such institution has adopted and is implementing any
social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial
institution to use the voice and vote of the United States to
oppose loans or other financing for projects unless such
projects--
(A) provide for accountability and transparency, including
the collection, verification, and publication of beneficial
ownership information related to extractive industries and
on-site monitoring during the life of the project;
(B) will be developed and carried out in accordance with
best practices regarding environmental conservation, cultural
protection, and empowerment of local populations, including
free, prior and informed consent of affected indigenous
communities;
(C) do not provide incentives for, or facilitate, forced
displacement; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under
title V of this Act may be made as payment to any
international financial institution while the United States
executive director to such institution is compensated by the
institution at a rate which, together with whatever
compensation such executive director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States executive director to such
institution is compensated by the institution at a rate in
excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to promote human rights due diligence
and risk management, as appropriate, in connection with any
loan, grant, policy, or strategy of such institution in
accordance with the requirements specified under this
subsection in Senate Report 116-126: Provided, That prior to
voting on any such loan, grant, policy, or strategy the
executive director shall consult with the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of State,
if the executive director has reason to believe that such
loan, grant, policy, or strategy could result in forced
displacement or other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to include in loan, grant, and other financing
agreements improvements in borrowing countries' financial
management and judicial capacity to investigate, prosecute,
and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to use the voice
of the United States to encourage such institution to
collect, verify, and publish, to the maximum extent
practicable, beneficial ownership information (excluding
proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that
receives funds from any such financial institution:
Provided, That not later than 45 days after enactment of this
Act, the Secretary shall submit a report to the Committees on
Appropriations on steps taken in fiscal year 2019 by the
United States executive directors and the international
financial institutions consistent with this subsection
compared to the previous fiscal year.
(g) Whistleblower Protections.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to use the voice
of the United States to encourage each such institution to
effectively implement and enforce policies and procedures
which meet or exceed best practices in the United States for
the protection of whistleblowers from retaliation,
including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
insecure communications networks
Sec. 7030. Funds appropriated by this Act shall be made
available for programs to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving assistance
under this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People's
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training to information
communication technology professionals in countries receiving
assistance under this Act, as appropriate.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6) are fully met.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made
available for direct government-to-government assistance
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such notification shall contain an
explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support,
and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
[[Page H10481]]
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse
has been appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2021 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of
any foreign country for debt service payments owed by any
country to any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen
the ``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ``significant progress''
or ``no significant progress'' in meeting the minimum
requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State
website: Provided, That such report shall include the
elements included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(3) Assistance.--Not less than $5,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition
to funds otherwise available for such purposes: Provided
further, That a description of the uses of such funds shall
be included in the annual ``Fiscal Transparency Report''
required by paragraph (2).
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--(A) Officials of foreign governments
and their immediate family members about whom the Secretary
of State has credible information have been involved,
directly or indirectly, in significant corruption, including
corruption related to the extraction of natural resources, or
a gross violation of human rights shall be ineligible for
entry into the United States.
(B) The Secretary shall also publicly or privately
designate or identify the officials of foreign governments
and their immediate family members about whom the Secretary
has such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if
such entry would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in paragraph
(1) shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances which caused the individual to be ineligible
have changed sufficiently.
(4) Report.--Not later than 30 days after enactment of this
Act, and every 90 days thereafter, the Secretary of State
shall submit a report, including a classified annex if
necessary, to the appropriate congressional committees and
the Committees on the Judiciary describing the information
related to corruption or violation of human rights concerning
each of the individuals found ineligible in the previous 12
months pursuant to paragraph (1)(A) as well as the
individuals who the Secretary designated or identified
pursuant to paragraph (1)(B), or who would be ineligible but
for the application of paragraph (2), a list of any waivers
provided under paragraph (3), and the justification for each
waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or permits to
enter the United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2052) and the amendments made
by such section, and to prevent the sale of conflict
diamonds, and provide technical assistance to promote
independent audit mechanisms and support civil society
participation in natural resource management.
(2) Public disclosure and independent audits.--(A) The
Secretary of the Treasury shall instruct the executive
director of each international financial institution that it
is the policy of the United States to use the voice and vote
of the United States to oppose any assistance by such
institutions (including any loan, credit, grant, or
guarantee) to any country for the extraction and export of a
natural resource if the government of such country has in
place laws, regulations, or procedures to prevent or limit
the public disclosure of company payments as required by
United States law, and unless such government has adopted
laws, regulations, or procedures in the sector in which
assistance is being considered to meet the standards included
under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this
Act under titles I and II, and funds made available for any
independent agency in title III, as appropriate, shall be
made available to support the provision of additional
information on United States Government foreign assistance on
the Department of State foreign assistance website:
Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon
request and in a timely manner, to the Department of State:
Provided further, That not later than 60 days after enactment
of this Act, the Secretary of State and USAID Administrator
shall report to the Committees on Appropriations on the
process and timeline required to consolidate data from
USAID's ``Foreign Aid Explorer'' and
``ForeignAssistance.gov'', in accordance with the
requirements specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'', not less than $2,400,000,000
shall be made available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant
to paragraph (1), not less than $102,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and
Labor, Department of State, at not less than the amounts
specified for certain countries and regional programs
designated in the table under this section in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and
with regard to the National Endowment for Democracy (NED),
any regulation.
(2) Beneficiaries.--Funds made available by this Act for
the NED are made available pursuant to the authority of the
National Endowment for Democracy Act (title V of Public Law
98-164), including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of
funds appropriated by this Act, the term ``democracy
programs'' means programs that support good governance,
credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor
rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political
parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of
democratic states and institutions that are responsive and
accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant
to this section that are made available for programs to
strengthen government institutions shall be prioritized for
those institutions that demonstrate a commitment to democracy
and the rule of law.
(e) Restriction on Prior Approval.--With respect to the
provision of assistance for democracy programs in this Act,
the organizations implementing such assistance, the specific
nature of that assistance, and the participants in such
programs shall not be subject to the prior approval by the
government of any foreign country: Provided, That the
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Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, shall
report to the Committees on Appropriations, not later than
120 days after enactment of this Act, detailing steps taken
by the Department of State and USAID to comply with the
requirements of this subsection.
(f) Continuation of Current Practices.--The United States
Agency for International Development shall continue to
implement civil society and political competition and
consensus building programs abroad with funds appropriated by
this Act in a manner that recognizes the unique benefits of
grants and cooperative agreements in implementing such
programs.
(g) Informing the National Endowment for Democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID,
shall regularly inform the National Endowment for Democracy
of democracy programs that are planned and supported by funds
made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs.
(h) Protection of Civil Society Activists and
Journalists.--Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'',
not less than $20,000,000 shall be made available to support
and protect civil society activists and journalists who have
been threatened, harassed, or attacked, including journalists
affiliated with the United States Agency for Global Media,
consistent with the action plan submitted pursuant to, and on
the same terms and conditions of, section 7032(i) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2018 (division K of Public Law 115-141).
(i) International Freedom of Expression.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic Programs'' shall be made available for
the Bureau of Democracy, Human Rights, and Labor, Department
of State, for the costs of administering programs designed to
promote and defend freedom of expression and the independence
of the media in countries where such freedom and independence
are restricted or denied.
(2) Assistance.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$10,000,000 shall be made available for programs that promote
and defend freedom of expression and the independence of the
media abroad: Provided, That such funds are in addition to
funds otherwise made available by this Act for such purposes,
and are intended to complement emergency and safety programs
for civil society, including journalists and media outlets at
risk: Provided further, That such funds shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--
Funds appropriated by this Act under the heading ``Diplomatic
Programs'' shall be made available for the Office of
International Religious Freedom, Department of State,
including for support staff at not less than the amounts
specified for such office in the table under such heading in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Assistance.--Funds appropriated by this Act under the
headings ``Democracy Fund'', ``Economic Support Fund'', and
``International Broadcasting Operations'' shall be made
available for international religious freedom programs and
funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted religious
minorities: Provided, That funds made available by this Act
under the headings ``Economic Support Fund'' and ``Democracy
Fund'' pursuant to this section shall be the responsibility
of the Ambassador-at-Large for International Religious
Freedom, in consultation with other relevant United States
Government officials, and shall be subject to prior
consultation with the Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Economic Support Fund'' may be made available
notwithstanding any other provision of law for assistance for
ethnic and religious minorities in Iraq and Syria.
(d) Designation of Non-state Actors.--Section 7033(e) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public 115-
31) shall continue in effect during fiscal year 2020.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in titles III and VI
of this Act that are made available for victims of war,
displaced children, displaced Burmese, and to combat
trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $12,500,000 shall be
made available for forensic anthropology assistance related
to the exhumation and identification of victims of war
crimes, crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs for
assistance for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $8,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) Atrocities Prevention.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $5,000,000 shall be made available for programs to
prevent atrocities, including to implement recommendations of
the Atrocities Prevention Board: Provided, That funds made
available pursuant to this subsection are in addition to
amounts otherwise made available for such purposes: Provided
further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development, from this or any
other Act, may be made available as a general contribution to
the World Food Programme, notwithstanding any other provision
of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall be made available to carry out the
Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union as authorized
by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available
as contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of
the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available
until September 30, 2022: Provided, That funds made
available pursuant to this paragraph may only be made
available following prior consultation with the appropriate
congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(4) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d),
including to facilitate collaboration with indigenous
communities, and up to $1,000,000 may be made available for
grants to carry out the activities of the Cultural
Antiquities Task Force.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions
of section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided, That each
individual award may not exceed $100,000: Provided further,
That no more than 15 such awards may be made during fiscal
year 2020.
(6) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking process in
such Act: Provided, That funds made available for such
purpose shall only be made available after consultation with,
and subject to the regular notification procedures of, the
Committees on Appropriations, regarding how any proposed
modification would affect the public diplomacy goals of, and
the estimated economic impact on, the United States:
Provided further, That such consultation shall take place not
later than 30 days prior to the publication in the Federal
Register of any regulatory action modifying the Exchange
Visitor Program.
(f) Partner Vetting.--Prior to initiating a partner vetting
program, or making significant changes to the scope of an
existing partner vetting program, the Secretary of State and
USAID Administrator, as appropriate, shall consult with the
Committees on Appropriations: Provided, That the Secretary
and the Administrator shall provide a direct
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vetting option for prime awardees in any partner vetting
program initiated or significantly modified after the date of
enactment of this Act, unless the Secretary of State or USAID
Administrator, as applicable, informs the Committees on
Appropriations on a case-by-case basis that a direct vetting
option is not feasible for such program.
(g) Contingencies.--During fiscal year 2020, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(h) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this
Act for assistance for the central government of any country
that is not taking appropriate steps to comply with the
Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds
under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds
appropriated under the heading ``Diplomatic Programs'' for
fiscal year 2020, except for funds designated for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, at no later than the end of the
fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated:
Provided, That not more than $50,000,000 may be transferred.
(j) Authority.--Funds made available by this Act under the
heading ``Economic Support Fund'' to counter extremism may be
made available notwithstanding any other provision of law
restricting assistance to foreign countries, except sections
502B, 620A, and 620M of the Foreign Assistance Act of 1961:
Provided, That the use of the authority of this subsection
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations.
(k) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The Secretary of
State shall implement section 203(a)(2) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (Public Law 110-457): Provided, That in addition
to suspension on the basis of an unpaid default or final
civil judgment directly or indirectly related to human
trafficking against the employer or a family member assigned
to an embassy, suspension on this basis should also apply to
an employer or family member assigned to any diplomatic
mission, or any international organization: Provided
further, That the Secretary of State should assist in
obtaining payment of final court judgments awarded to A-3 and
G-5 visa holders, including encouraging the sending states to
provide compensation directly to victims: Provided further,
That the Secretary shall include in the Trafficking in
Persons annual report a concise summary of each trafficking
case involving an A-3 or G-5 visa holder that meets one or
more of the following criteria: (1) a final court judgment
(including a default judgment) issued against a current or
former employee of such diplomatic mission or international
organization; (2) the issuance of a T-visa to the victim; or
(3) a request by the Department of State to the sending state
that immunity of individual diplomats or family members be
waived to permit criminal prosecution.
(l) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2020'' for ``September 30,
2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2020.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2020'' for ``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--(A) Subject
to the limitation described in subparagraph (B), the
authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32) shall remain in
effect through September 30, 2020.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009 (Public Law 111-32)) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds of
the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such member
under section 5304 of title 5, United States Code, if such
member's official duty station were in the District of
Columbia.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2019'' and
inserting ``2019, and 2020''; and
(ii) in subsection (e), by striking ``2019'' each place it
appears and inserting ``2020''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking
``2019'' and inserting ``2020''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) shall remain in
effect through September 30, 2020, and may be used to
facilitate the assignment of persons for oversight of
programs in Syria, South Sudan, Yemen, Somalia, and
Venezuela.
(7) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan through September 30,
2020, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(8) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any other
provision of law, any employee of the Special Inspector
General for Afghanistan Reconstruction (SIGAR) who completes
at least 12 months of continuous service after enactment of
this Act or who is employed on the date on which SIGAR
terminates, whichever occurs first, shall acquire competitive
status for appointment to any position in the competitive
service for which the employee possesses the required
qualifications.
(9) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2020.
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of State
may waive the provisions of subsections (a) through (d) of
section 824 of the Foreign Service Act of 1980 (22 U.S.C.
4064) on a case-by-case basis for an annuitant reemployed by
the Inspector General on a temporary basis, subject to the
same constraints and in the same manner by which the
Secretary of State may exercise such waiver authority
pursuant to subsection (g) of such section.
(11) Afghan allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended--
(A) in the heading, striking ``2015, 2016, AND 2017'' and
inserting ``2015 THROUGH 2020'';
(B) in the matter preceding clause (i), by striking
``18,500'' and inserting ``22,500''; and
(C) in clauses (i) and (ii), by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
(m) Monitoring and Evaluation.--Funds appropriated by this
Act that are made available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``International Disaster Assistance'', and ``Migration and
Refugee Assistance'' shall, as appropriate, be made available
for the regular collection of feedback obtained directly from
beneficiaries on the quality and relevance of such
assistance: Provided, That the Department of State and USAID
shall establish, and post on their respective websites,
updated procedures for implementing partners that receive
funds under such headings for regularly collecting and
responding to such feedback, including guidelines for the
reporting on actions taken in response to the feedback
received: Provided further, That the Department of State and
USAID shall regularly conduct oversight to ensure that such
feedback is regularly collected and used by implementing
partners to maximize the cost-effectiveness and utility of
such assistance.
(n) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-
447) may be made available for pharmaceuticals and other
products for child survival, malaria, and tuberculosis to the
same extent as HIV/AIDS pharmaceuticals and other products,
subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the
Foreign Operations, Export Financing, and Related Programs
Appropriation Act, 2005 (Public Law 108-447) shall be
exercised by the Assistant Administrator for Global Health,
USAID, with respect to funds deposited for such non-HIV/AIDS
pharmaceuticals and other products, and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of
State shall include in the congressional budget justification
an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(o) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Egypt, Jordan,
Tunisia, and Ukraine, which are authorized to be provided:
Provided, That amounts made available under this paragraph
for the costs of such guarantees shall not be considered
assistance for the purposes of provisions of law limiting
assistance to a country.
[[Page H10484]]
(2) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for
the Department of State, foreign operations, and related
programs that were previously designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of such
Act.
(3) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'', not less than $50,000,000 shall be made
available for Local Works pursuant to section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
which may remain available until September 30, 2024.
(2) Eligible entities.--For the purposes of section 7080 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235), ``eligible entities'' shall be defined as small
local, international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may
be considered individually in determining such eligibility.
(q) Western Hemisphere Drug Policy Commission.--Up to
$499,000 of the funds appropriated under the heading
``Western Hemisphere Drug Policy Commission, Salaries and
Expenses'' of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6) shall remain available for obligation until
September 30, 2021, notwithstanding the period of
availability under such heading.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs'' means funds that remain
available for obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development, the Asian Development Fund, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, the African
Development Fund, and the Multilateral Investment Guarantee
Agency.
(4) Southern kordofan.--Any reference to Southern Kordofan
in this or any other Act making appropriations for the
Department of State, foreign operations, and related programs
shall for this fiscal year, and each fiscal year thereafter,
be deemed to include portions of Western Kordofan that were
previously part of Southern Kordofan prior to the 2013
division of Southern Kordofan.
(5) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(6) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) Successor operating unit.--Any reference to a
particular USAID operating unit or office in this or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs shall be deemed to
include any successor operating unit or office performing the
same or similar functions.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out
the provisions of chapter 1 of part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights,
the rule of law, anti-corruption, strategic planning, and
through assistance to foster civilian police roles that
support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address
gender-based violence, and foster improved police relations
with the communities they serve.
(2) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or
other terrorist organizations: Provided, That such areas
shall include the Kurdistan Region of Iraq: Provided
further, That prior to the obligation of funds made available
pursuant to this paragraph, the Secretary of State shall take
all practicable steps to ensure that mechanisms are in place
for monitoring, oversight, and control of such funds:
Provided further, That funds made available pursuant to this
paragraph shall be subject to prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(3) Combat casualty care.--(A) Consistent with the
objectives of the Foreign Assistance Act of 1961 and the Arms
Export Control Act, funds appropriated by this Act under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat
casualty training and equipment.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of
lethal assistance funded by this Act with funds appropriated
under the headings ``Peacekeeping Operations'' and ``Foreign
Military Financing Program'': Provided, That the requirement
of this subparagraph shall apply to a country in conflict,
unless the Secretary determines that such country has in
place, to the maximum extent practicable, functioning combat
casualty care treatment and equipment that meets or exceeds
the standards recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such training and
equipment for combat casualty care shall be made available
through an open and competitive process.
(4) Training related to international humanitarian law.--
The Secretary of State shall offer training related to the
requirements of international humanitarian law as a component
of any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not
apply to a country that is a member of the North Atlantic
Treaty Organization (NATO), is a major non-NATO ally
designated by section 517(b) of the Foreign Assistance Act of
1961, or is complying with international humanitarian law:
Provided further, That any such training shall be made
available through an open and competitive process.
(5) Security force professionalization.--Funds appropriated
by this Act under the headings ``International Narcotics
Control and Law Enforcement'' and ``Peacekeeping Operations''
shall be made available to increase the capacity of foreign
military and law enforcement personnel to operate in
accordance with appropriate standards relating to human
rights and the protection of civilians in the manner
specified under this section in Senate Report 116-126,
following consultation with the Committees on Appropriations:
Provided, That funds made available pursuant to this
paragraph shall be made available through an open and
competitive process.
(6) Global security contingency fund.--Notwithstanding any
other provision of this Act, up to $7,500,000 from funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' may
be transferred to, and merged with, funds previously made
available under the heading ``Global Security Contingency
Fund'', subject to the regular notification procedures of the
Committees on Appropriations.
(7) International prison conditions.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'', not less than
$7,500,000 shall be made available for assistance to
eliminate inhumane conditions in foreign prisons and other
detention facilities, notwithstanding section 660 of the
Foreign Assistance Act of 1961: Provided, That the Secretary
of State and the USAID Administrator shall consult with the
Committees on Appropriations on the proposed uses of such
funds prior to obligation and not later than 60 days after
enactment of this Act: Provided further, That such funds
shall be in addition to funds otherwise made available by
this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
[[Page H10485]]
national entity emerging from instability, as well as a
nation emerging from instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2020.
(3) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
is amended by striking ``of this section'' and all that
follows through the period at the end and inserting ``of this
section after September 30, 2021.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and
2020'' and inserting ``2020, and 2021''.
(4) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act (22 U.S.C. 2763) may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(5) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund),
to remain available for obligation until September 30, 2022:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(6) Public disclosure.--For the purposes of funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for assistance for units of
foreign security forces, the term ``to the maximum extent
practicable'' in section 620M(d)(7) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d) means that the identity of such
units shall be made publicly available unless the Secretary
of State, on a case-by-case basis, determines and reports to
the appropriate congressional committees that disclosure
would endanger the safety of human sources or reveal
sensitive intelligence sources and methods, or that non-
disclosure is in the national security interest of the United
States: Provided, That any such determination shall include
a detailed justification, and may be submitted in classified
form.
(7) Duty to inform.--If assistance to a foreign security
force is provided in a manner in which the recipient unit or
units cannot be identified prior to the transfer of
assistance, the Secretary of State shall provide a list of
units prohibited from receiving such assistance pursuant to
section 620M of the Foreign Assistance Act of 1961 to the
recipient government.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations
that include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and
used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or cluster
munitions technology specifies that the cluster munitions
will only be used against clearly defined military targets
and will not be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
(3) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
that the Secretary of State determines are undemocratic or
are undergoing democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2019, by country
and purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign
Assistance Act of 1961, the term ``military training provided
to foreign military personnel by the Department of Defense
and the Department of State'' shall be deemed to include all
military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department
of State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally.
arab league boycott of israel
Sec. 7036. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance for the Palestinian
Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
[[Page H10486]]
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2020, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds
are in addition to funds otherwise available for such
purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza
Program, including all funds provided as cash transfer
assistance, in fiscal year 2020 under the heading ``Economic
Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and
the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed
at promoting peace, coexistence, and security cooperation
with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and
may only be made available for assistance for the Government
of Egypt if the Secretary of State certifies and reports to
the Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not
less than $125,000,000 shall be made available for assistance
for Egypt, of which not less than $40,000,000 should be made
available for higher education programs, including not less
than $15,000,000 for scholarships for Egyptian students with
high financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited by a
regional accrediting agency recognized by the United States
Department of Education, or meets standards equivalent to
those required for United States institutional accreditation
by a regional accrediting agency recognized by such
Department: Provided, That such funds shall be made
available for democracy programs, and for development
programs in the Sinai: Provided further, That such funds may
not be made available for cash transfer assistance or budget
support unless the Secretary of State certifies and reports
to the appropriate congressional committees that the
Government of Egypt is taking consistent and effective steps
to stabilize the economy and implement market-based economic
reforms.
(3) Foreign military financing program.--(A) Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', $1,300,000,000, to remain available
until September 30, 2021, should be made available for
assistance for Egypt: Provided, That such funds may be
transferred to an interest bearing account in the Federal
Reserve Bank of New York, following consultation with the
Committees on Appropriations, and the uses of any interest
earned on such funds shall be subject to the regular
notification procedures of the Committees on
[[Page H10487]]
Appropriations: Provided further, That $300,000,000 of such
funds shall be withheld from obligation until the Secretary
of State certifies and reports to the Committees on
Appropriations that the Government of Egypt is taking
sustained and effective steps to--
(i) strengthen the rule of law, democratic institutions,
and human rights in Egypt, including to protect religious
minorities and the rights of women, which are in addition to
steps taken during the previous calendar year for such
purposes;
(ii) implement reforms that protect freedoms of expression,
association, and peaceful assembly, including the ability of
civil society organizations, human rights defenders, and the
media to function without interference;
(iii) release political prisoners and provide detainees
with due process of law;
(iv) hold Egyptian security forces accountable, including
officers credibly alleged to have violated human rights;
(v) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(vi) provide regular access for United States officials to
monitor such assistance in areas where the assistance is
used:
Provided further, That the certification requirement of
this paragraph shall not apply to funds appropriated by this
Act under such heading for counterterrorism, border security,
and nonproliferation programs for Egypt.
(B) The Secretary of State may waive the certification
requirement in subparagraph (A) if the Secretary determines
and reports to the Committees on Appropriations that to do so
is important to the national security interest of the United
States, and submits a report to such Committees containing a
detailed justification for the use of such waiver and the
reasons why any of the requirements of subparagraph (A)
cannot be met: Provided, That the report required by this
paragraph shall be submitted in unclassified form, but may be
accompanied by a classified annex.
(4) Report.--Not later than 30 days after enactment of this
Act, and every 60 days thereafter, the Secretary of State
shall submit a report to the appropriate congressional
committees describing and assessing the actions taken by the
Government of Egypt during the previous 60 days to fairly
compensate April Corley for injuries and losses sustained as
a result of the attack on her tour group by the Egyptian
military on September 13, 2015, and progress in resolving her
case: Provided, That if the Secretary reports that no
progress has been made in the previous 60 days, the report
shall include the reasons for the lack of progress.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for the programs and
activities described under this section in House Report 116-
78.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135(d)(4) of the Atomic Energy Act
of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the
Iran Nuclear Agreement Review Act of 2015 (Public Law 114-
17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on--
(i) the status of United States bilateral sanctions on
Iran;
(ii) the reimposition and renewed enforcement of secondary
sanctions; and
(iii) the impact such sanctions have had on Iran's
destabilizing activities throughout the Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Iraq
for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region of
Iraq and for the Marla Ruzicka Iraqi War Victims Fund;
(B) stabilization assistance, including in Anbar Province;
(C) humanitarian assistance, including in the Kurdistan
Region of Iraq; and
(D) programs to protect and assist religious and ethnic
minority populations in Iraq, including as described under
this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(2) United states consulate general basrah.--Any change in
the status of operations at United States Consulate General
Basrah, including the return of Consulate property located
adjacent to the Basrah International Airport to the
Government of Iraq, shall be subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
(3) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States
and Iraq.
(d) Jordan.--
(1) Assistance appropriated by this act.--Of the funds
appropriated by this Act under titles III and IV, not less
than $1,525,000,000 shall be made available for assistance
for Jordan, of which: not less than $1,082,400,000 shall be
made available under the heading ``Economic Support Fund'',
of which not less than $745,100,000 shall be made available
for budget support for the Government of Jordan; and not less
than $425,000,000 shall be made available under the heading
``Foreign Military Financing Program''.
(2) Assistance appropriated by prior acts.--Of the funds
appropriated under the heading ``Economic Support Fund'' in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, not less than
$125,000,000 shall be made available for assistance for
Jordan, of which $100,000,000 shall be made available for
budget support for the Government of Jordan and $25,000,000
shall be made available for programs to increase electricity
transmission to neighboring countries, including Iraq:
Provided, That such funds are in addition to amounts
otherwise made available for such purposes.
(e) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for
Lebanon: Provided, That such funds made available under the
heading ``Economic Support Fund'' may be made available
notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may be made available
for programs and equipment for the Lebanese Internal Security
Forces (ISF) and the Lebanese Armed Forces (LAF) to address
security and stability requirements in areas affected by
conflict in Syria, following consultation with the
appropriate congressional committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may only be made
available for programs to--
(i) professionalize the LAF to mitigate internal and
external threats from non-state actors, including Hizballah;
(ii) strengthen border security and combat terrorism,
including training and equipping the LAF to secure the
borders of Lebanon and address security and stability
requirements in areas affected by conflict in Syria,
interdicting arms shipments, and preventing the use of
Lebanon as a safe haven for terrorist groups; and
(iii) implement United Nations Security Council Resolution
1701:
Provided, That prior to obligating funds made available by
this subparagraph for assistance for the LAF, the Secretary
of State shall submit to the Committees on Appropriations a
spend plan, including actions to be taken to ensure equipment
provided to the LAF is used only for the intended purposes,
except such plan may not be considered as meeting the
notification requirements under section 7015 of this Act or
under section 634A of the Foreign Assistance Act of 1961, and
shall be submitted not later than September 1, 2020:
Provided further, That any notification submitted pursuant to
such section shall include any funds specifically intended
for lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for the ISF or the LAF if the ISF or
the LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(f) Libya.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for stabilization
assistance for Libya, including support for a United Nations-
facilitated political process and border security: Provided,
That the limitation on the uses of funds for certain
infrastructure projects in section 7041(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76)
shall apply to such funds.
(2) Certification.--Prior to the initial obligation of
funds made available by this Act for assistance for Libya,
the Secretary of State shall certify and report to the
Committees on Appropriations that all practicable steps have
been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made
available for assistance for the Western Sahara: Provided,
That not later than 90 days after enactment of this Act and
prior to the obligation of such funds, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development, shall consult
with the Committees on Appropriations on the proposed uses of
such funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may
only be used for the purposes requested in the Congressional
Budget Justification, Foreign Operations, Fiscal Year 2017.
(h) Saudi Arabia.--
[[Page H10488]]
(1) International military education and training.--None of
the funds appropriated by this Act under the heading
``International Military Education and Training'' may be made
available for assistance for the Government of Saudi Arabia.
(2) Export-import bank.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs should be obligated or
expended by the Export-Import Bank of the United States to
guarantee, insure, or extend (or participate in the extension
of) credit in connection with the export of nuclear
technology, equipment, fuel, materials, or other nuclear
technology-related goods or services to Saudi Arabia unless
the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation agreement pursuant
to section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153);
(B) has committed to renounce uranium enrichment and
reprocessing on its territory under that agreement; and
(C) has signed and implemented an Additional Protocol to
its Comprehensive Safeguards Agreement with the International
Atomic Energy Agency.
(i) Syria.--
(1) Non-lethal assistance.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'', and
``Peacekeeping Operations'', not less than $40,000,000 shall
be made available, notwithstanding any other provision of
law, for non-lethal stabilization assistance for Syria, of
which not less than $7,000,000 shall be made available for
emergency medical and rescue response and chemical weapons
use investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of
Iran, foreign terrorist organizations (as designated pursuant
to section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)), or a proxy of Iran in Syria;
(B) may not be made available for activities that further
the strategic objectives of the Government of the Russian
Federation that the Secretary of State determines may
threaten or undermine United States national security
interests; and
(C) should not be used in areas of Syria controlled by a
government led by Bashar al-Assad or associated forces.
(3) Monitoring and oversight.--Prior to the obligation of
any funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
(4) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Tunisia.--
(1) Assistance appropriated by this act.--Of the funds
appropriated under titles III and IV of this Act, not less
than $191,400,000 shall be made available for assistance for
Tunisia.
(2) Assistance appropriated by prior acts.--Of the funds
appropriated under the heading ``Economic Support Fund'' in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, not less than
$50,000,000 shall be made available for assistance for
Tunisia: Provided, That such funds are in addition to
amounts otherwise made available for such purposes.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank
and Gaza, the Secretary of State shall report to the
Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
for assistance for the Palestinian Authority, if after the
date of enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International Criminal
Court (ICC) judicially authorized investigation, or actively
support such an investigation, that subjects Israeli
nationals to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do so
is in the national security interest of the United States,
and submits a report to such Committees detailing how the
waiver and the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the
Senate, and the appropriate congressional committees that the
Palestinians have not, after the date of enactment of this
Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between
Israel and the Palestinians; and
(II) initiated or actively supported an ICC investigation
against Israeli nationals for alleged crimes against
Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-
204 under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under the
preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian
Authority by an amount the Secretary determines is equivalent
to the amount expended by the Palestinian Authority, the
Palestine Liberation Organization, and any successor or
affiliated organizations with such entities as payments for
acts of terrorism by individuals who are imprisoned after
being fairly tried and convicted for acts of terrorism and by
individuals who died committing acts of terrorism during the
previous calendar year: Provided, That the Secretary shall
report to the Committees on Appropriations on the amount
reduced for fiscal year 2020 prior to the obligation of funds
for the Palestinian Authority.
(4) Private sector partnership programs.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for private sector partnership
programs for the West Bank and Gaza if such funds are
authorized: Provided, That funds made available pursuant to
this paragraph shall be subject to prior consultation with
the appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
(l) Yemen.--Funds appropriated under title III of this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be made
available for stabilization assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the
heading ``International Military Education and Training'' for
the central government of a country in the African Great
Lakes region may be made available only for Expanded
International Military Education and Training and
professional military education until the Secretary of State
determines and reports to the Committees on Appropriations
that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring
country, including aiding and abetting armed groups.
(b) Cameroon.--Funds appropriated under title IV of this
Act that are made available for assistance for the armed
forces of Cameroon, including the Rapid Intervention
Battalion, may only be made available to counter regional
terrorism, including Boko Haram and other Islamic State
affiliates, participate in international peacekeeping
operations, and for military education and maritime security
programs.
(c) Central African Republic.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not
less than $3,000,000 shall be made available for a
contribution to the Special Criminal Court in Central African
Republic.
(d) Democratic Republic of the Congo.--Funds appropriated
by this Act under titles III and IV shall be made available
for assistance for the Democratic Republic of the Congo for
stabilization, global health, and bilateral economic
assistance, including in
[[Page H10489]]
areas affected by, and at risk from, the Ebola virus disease.
(e) Lake Chad Basin Countries.--Funds appropriated under
titles III and IV of this Act shall be made available,
following consultation with the Committees on Appropriations,
for assistance for Cameroon, Chad, Niger, and Nigeria for--
(1) democracy, development, and health programs;
(2) assistance for individuals targeted by foreign
terrorist and other extremist organizations, including Boko
Haram, consistent with the provisions of section 7059 of this
Act;
(3) assistance for individuals displaced by violent
conflict; and
(4) counterterrorism programs.
(f) Malawi.--Of the funds appropriated by this Act under
the heading ``Development Assistance'', not less than
$60,000,000 shall be made available for assistance for
Malawi, of which up to $10,000,000 shall be made available
for higher education programs.
(g) Sahel Stabilization and Security.--Funds appropriated
under titles III and IV of this Act shall be made available
for stabilization, health, development, and security programs
in the countries of the Sahel region.
(h) South Sudan.--
(1) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for South
Sudan, not less than $15,000,000 shall be made available for
democracy programs and not less than $8,000,000 shall be made
available for conflict mitigation and reconciliation
programs.
(2) Limitation on assistance for the central government.--
Funds appropriated by this Act that are made available for
assistance for the central Government of South Sudan may only
be made available, following consultation with the Committees
on Appropriations, for--
(A) humanitarian assistance;
(B) health programs, including to prevent, detect, and
respond to the Ebola virus disease;
(C) assistance to support South Sudan peace negotiations or
to advance or implement a peace agreement; and
(D) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement and mutual
arrangements related to such agreement:
Provided, That prior to the initial obligation of funds
made available pursuant to subparagraphs (C) and (D), the
Secretary of State shall consult with the Committees on
Appropriations on the intended uses of such funds and steps
taken by such government to advance or implement a peace
agreement.
(i) Sudan.--
(1) Limitations on assistance and loans.--(A)
Notwithstanding any other provision of law, none of the funds
appropriated by this Act may be made available for assistance
for the Government of Sudan.
(B) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy, health, agriculture, economic
growth, and education programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated
with such Agreement, or any other viable peace agreement in
Sudan.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs that are made
available for any new program or activity in Sudan shall be
subject to prior consultation with the appropriate
congressional committees.
(j) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant
to the Government of Zimbabwe, except to meet basic human
needs or to promote democracy, unless the Secretary of State
certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
ownership and title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as
required in paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--(A) Of the funds
appropriated under title III of this Act, not less than
$131,450,000 shall be made available for assistance for
Burma: Provided, That such funds may be made available
notwithstanding any other provision of law and following
consultation with the appropriate congressional committees:
Provided further, That such funds shall be made available for
programs to promote ethnic and religious tolerance and to
combat gender-based violence, including in Kachin, Karen,
Rakhine, and Shan states: Provided further, That such funds
may be made available for ethnic groups and civil society in
Burma to help sustain ceasefire agreements and further
prospects for reconciliation and peace, which may include
support to representatives of ethnic armed groups for this
purpose.
(B) Funds appropriated under title III of this Act for
assistance for Burma shall be made available for community-
based organizations operating in Thailand to provide food,
medical, and other humanitarian assistance to internally
displaced persons in eastern Burma, in addition to assistance
for Burmese refugees from funds appropriated by this Act
under the heading ``Migration and Refugee Assistance'':
Provided, That such funds may be available for programs to
support the return of Kachin, Karen, Rohingya, Shan, and
other refugees and internally displaced persons to their
locations of origin or preference in Burma only if such
returns are voluntary and consistent with international law.
(C) Funds appropriated under title III of this Act for
assistance for Burma that are made available for assistance
for the Government of Burma to support the implementation of
Nationwide Ceasefire Agreement conferences, committees, and
other procedures may only be made available if the Secretary
of State reports to the Committees on Appropriations that
such conferences, committees, and procedures are directed
toward a sustainable peace and the Government of Burma is
implementing its commitments under such Agreement.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) Limitations.--None of the funds appropriated under
title III of this Act for assistance for Burma may be made
available to any organization or entity controlled by the
armed forces of Burma, or to any individual or organization
that advocates violence against ethnic or religious groups or
individuals in Burma, as determined by the Secretary of State
for programs administered by the Department of State and
USAID or the President of the National Endowment for
Democracy (NED) for programs administered by NED.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2020 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under title III
of this Act, not less than $82,505,000 shall be made
available for assistance for Cambodia.
(2) Certification and exceptions.--
(A) Certification.--None of the funds appropriated by this
Act that are made available for assistance for the Government
of Cambodia may be obligated or expended unless the Secretary
of State certifies and reports to the Committees on
Appropriations that such Government is taking effective steps
to--
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions with
respect to North Korea;
(ii) assert its sovereignty against interference by the
People's Republic of China, including by verifiably
maintaining the neutrality of Ream Naval Base, other military
installations in Cambodia, and dual use facilities such as
the Dara Sakor development project; and
(iii) respect the rights, freedoms, and responsibilities
enshrined in the Constitution of the Kingdom of Cambodia as
enacted in 1993.
(B) Exceptions.--The certification required by subparagraph
(A) shall not apply to funds appropriated by this Act and
made available for democracy, health, education, and
environment programs, programs to strengthen the sovereignty
of Cambodia, and programs to educate and inform the people of
Cambodia of the influence efforts of the People's Republic of
China in Cambodia.
(3) Uses of funds.--Funds appropriated under title III of
this Act for assistance for Cambodia shall be made available
for--
(A) research and education programs associated with the
Khmer Rouge in Cambodia; and
(B) programs in the Khmer language to monitor, map, and
publicize the efforts by the People's Republic of China to
expand its influence in Cambodia, including in Sihanoukville,
Bavet, Poipet, Koh Kong, and areas bordering Vietnam.
(c) Indo-Pacific Strategy and the Asia Reassurance
Initiative Act of 2018.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,482,000,000 shall be
made available to support the implementation of the Indo-
Pacific Strategy and the Asia Reassurance Initiative Act of
2018 (Public Law 115-409).
[[Page H10490]]
(2) Countering chinese influence fund.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', and
``Foreign Military Financing Program'', not less than
$300,000,000 shall be made available for a Countering Chinese
Influence Fund to counter the influence of the People's
Republic of China globally, which shall be subject to prior
consultation with the Committees on Appropriations:
Provided, That such funds are in addition to amounts
otherwise made available for such purposes: Provided
further, That such funds appropriated under such headings may
be transferred to, and merged with, funds appropriated under
such headings: Provided further, That such transfer
authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the
regular notification procedures of the Committees on
Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity
that directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of China;
and
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by the
People's Republic of China unless the Secretary of State, in
consultation with the USAID Administrator and the Chief
Executive Officer of the United States International
Development Finance Corporation, as appropriate, determines
that such use does not adversely impact the national security
of the United States.
(d) Laos.--Of the funds appropriated under title III of
this Act, not less than $34,280,000 shall be made available
for assistance for Laos.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for assistance for the central government of a
country the Secretary of State determines and reports to the
appropriate congressional committees engages in significant
transactions contributing materially to the malicious cyber-
intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C.
9229) to the Committees on Appropriations: Provided further,
That the Secretary of State may waive the application of the
restriction in this paragraph with respect to assistance for
the central government of a country if the Secretary
determines and reports to the appropriate congressional
committees that to do so is important to the national
security interest of the United States, including a
description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(3) Human rights promotion and limitation on use of
funds.--(A) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Democracy Fund'' shall be
made available for the promotion of human rights in North
Korea: Provided, That the authority of section 7032(b)(1) of
this Act shall apply to such funds.
(B) None of the funds made available by this Act under the
heading ``Economic Support Fund'' may be made available for
assistance for the Government of North Korea.
(f) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in
this Act may be obligated or expended for processing licenses
for the export of satellites of United States origin
(including commercial satellites and satellite components) to
the People's Republic of China (PRC) unless, at least 15 days
in advance, the Committees on Appropriations are notified of
such proposed action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) United states-china friendship volunteer program.--Not
later than 90 days after enactment of this Act and following
consultation with the heads of other relevant Federal
agencies, the Director of the Peace Corps shall submit a
report to the appropriate congressional committees on the
United States-China Friendship Volunteer Program, including a
description of program coordination, implementation, and
oversight, and the goals and objectives served: Provided,
That the Director shall also consult with the Committees on
Appropriations on such report.
(4) Hong kong.--
(A) Democracy programs.--Of the funds appropriated by this
Act under the heading ``Democracy Fund'' for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human Rights,
and Labor, Department of State, not less than $1,500,000
shall be made available for democracy programs for Hong Kong,
including legal and other support for democracy activists.
(B) Report.--Funds appropriated under title I of this Act
shall be made available to prepare and submit to Congress the
report required by section 301 of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5731), which shall also include
a description of--
(i) efforts by the Hong Kong authorities and the Government
of the People's Republic of China to prevent free assembly
and communications by the people of Hong Kong;
(ii) the technical surveillance equipment and methods used
by the Hong Kong authorities and the Government of the
People's Republic of China to monitor the movement and
communications of the Hong Kong population;
(iii) the application of social and political control tools
developed by the Government of the People's Republic of China
and used by such Government and the Hong Kong authorities in
Hong Kong;
(iv) the disinformation and political influence campaigns
conducted by the Government of the People's Republic of China
in Hong Kong and overseas with respect to the situation in
Hong Kong; and
(v) the mission and activities of the People's Armed
Police, the People's Liberation Army, the Ministries of
Public Security and State Security in Beijing, the Government
of the People's Republic of China, and other Chinese security
forces in Hong Kong, including their respective roles in
human rights abuses against the people of Hong Kong.
(g) Philippines.--None of the funds appropriated by this
Act under the heading ``International Narcotics Control and
Law Enforcement'' may be made available for counternarcotics
assistance for the Philippines, except for drug demand
reduction, maritime law enforcement, or transnational
interdiction.
(h) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan
people and respect Tibetan culture and traditions, and are
subject to effective monitoring.
(2) Programs for tibetan communities.--(A) Notwithstanding
any other provision of law, of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less
than $8,000,000 shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education,
and environmental conservation in Tibetan communities in the
Tibet Autonomous Region and in other Tibetan communities in
China.
(B) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $6,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India
and Nepal, and to assist in the education and development of
the next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in subparagraph (A) for programs inside Tibet.
(C) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $3,000,000 shall be
made available for programs to strengthen the capacity of the
Central Tibetan Administration: Provided, That such funds
shall be administered by the United States Agency for
International Development.
(i) Vietnam.--Of the funds appropriated under titles III
and IV of this Act, not less than $159,634,000 shall be made
available for assistance for Vietnam, of which not less
than--
(1) $13,000,000 shall be made available for health and
disability programs in areas sprayed with Agent Orange and
contaminated with dioxin, to assist individuals with severe
upper or lower body mobility impairment or cognitive or
developmental disabilities;
(2) $20,000,000 shall be made available, notwithstanding
any other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may
be made available for assistance for the Government of
Vietnam, including the military, for such purposes; and
(3) $1,500,000 shall be made available for a war legacy
reconciliation program.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by this
Act under the headings
[[Page H10491]]
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' that are made available for
assistance for Afghanistan--
(A) shall be made available to implement the South Asia
Strategy, the Revised Strategy for United States Engagement
in Afghanistan, and the United States Agency for
International Development Country Development Cooperation
Strategy for Afghanistan;
(B) shall be made available to continue support for
institutions of higher education in Kabul, Afghanistan that
are accessible to both women and men in a coeducational
environment, including for the costs for operations and
security for such institutions;
(C) shall be made available for programs that protect and
strengthen the rights of Afghan women and girls and promote
the political and economic empowerment of women including
their meaningful inclusion in political processes: Provided,
That such assistance to promote the economic empowerment of
women shall be made available as grants to Afghan
organizations, to the maximum extent practicable; and
(D) may not be made available for any program, project, or
activity pursuant to section 7044(a)(1)(C) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6).
(2) Afghan women.--
(A) In general.--The Secretary of State shall promote the
meaningful participation of Afghan women in ongoing peace and
reconciliation processes in Afghanistan in a manner
consistent with the Women, Peace, and Security Act of 2017
(Public Law 115-68), including advocacy for the inclusion of
Afghan women leaders in ongoing and future dialogue and
negotiations and efforts to ensure that any peace agreement
reached with the Taliban protects the rights of women and
girls and ensures their freedom of movement, rights to
education and work, and access to healthcare and legal
representation.
(B) Assistance.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Economic Support Fund'' shall be made available for an
endowment pursuant to paragraph (3)(A)(iv) of this subsection
for an institution of higher education in Kabul, Afghanistan
that is accessible to both women and men in a coeducational
environment: Provided, That such endowment shall be
established in partnership with a United States-based
American higher education institution that will serve on its
board of trustees: Provided further, That prior to the
obligation of funds for such an endowment, the Administrator
of the United States Agency for International Development
shall submit a report to the Committees on Appropriations
describing the governance structure, including a proposed
board of trustees, and financial safeguards, including
regular audit and reporting requirements, in any endowment
agreement: Provided further, That the USAID Administrator
shall provide a report on the expenditure of funds generated
from such an endowment to the Committees on Appropriations on
an annual basis.
(3) Authorities.--
(A) Funds appropriated by this Act under titles III through
VI that are made available for assistance for Afghanistan may
be made available--
(i) notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance
Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the Government
of Afghanistan, including in accordance with section
7046(a)(2)(B)(ii) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74);
(iii) for an endowment to empower women and girls; and
(iv) for an endowment for higher education.
(B) Section 7046(a)(2)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112-74) shall apply to funds
appropriated by this Act for assistance for Afghanistan.
(C) Of the funds appropriated by this Act under the heading
``Diplomatic Programs'', up to $3,000,000 may be transferred
to any other appropriation of any department or agency of the
United States Government, upon the concurrence of the head of
such department or agency, to support operations in, and
assistance for, Afghanistan and to carry out the provisions
of the Foreign Assistance Act of 1961: Provided, That any
such transfer shall be subject to the regular notification
procedures of the Committees on Appropriations.
(4) Agreement and certification.--Funds appropriated by
this Act shall be made available for the following purposes--
(A) the submission to the appropriate congressional
committees by the President of a copy of any agreement or
arrangement between the Government of the United States and
the Taliban relating to the United States presence in
Afghanistan or Taliban commitments on the future of
Afghanistan, which shall be submitted not later than 30 days
after finalizing such an agreement or arrangement; and
(B) the submission to the appropriate congressional
committees of a joint certification by the Secretary of State
and Secretary of Defense that such agreement or arrangement
will further the objective of setting conditions for the
long-term defeat of al Qaeda and Islamic State and will not
make the United States more vulnerable to terrorist attacks
originating from Afghanistan or supported by terrorist
elements in Afghanistan.
(5) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III
and IV of this Act, not less than $198,323,000 shall be made
available for assistance for Bangladesh, of which--
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from
Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and due process of
law; and
(3) not less than $23,300,000 shall be made available for
democracy programs, of which not less than $2,000,000 shall
be made available for such programs for the Rohingya
community in Bangladesh.
(c) Nepal.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $130,265,000 shall be made
available for assistance for Nepal, including for earthquake
recovery and reconstruction programs and democracy programs.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and
in support of international peacekeeping operations:
Provided, That such funds may only be made available for any
additional uses if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Nepal is investigating and prosecuting
violations of human rights and the laws of war, and the Nepal
Army is cooperating fully with civilian judicial authorities
in such cases.
(d) Pakistan.--
(1) Terms and conditions.--The terms and conditions of
section 7044(c) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6) shall continue in effect
during fiscal year 2020.
(2) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for
Pakistan, not less than $15,000,000 shall be made available
for democracy programs and not less than $10,000,000 shall be
made available for gender programs.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly in
areas recovering from ethnic and religious conflict:
Provided, That such funds shall be made available for
programs to assist in the identification and resolution of
cases of missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka, except
for funds made available for humanitarian assistance, victims
of trauma, and technical assistance to promote fiscal
transparency and sovereignty, may be made available only if
the Secretary of State certifies and reports to the
Committees on Appropriations that such Government is taking
effective and consistent steps to--
(A) respect and uphold the rights and freedoms of the
people of Sri Lanka regardless of ethnicity and religious
belief, including by investigating violations of human rights
and holding perpetrators of such violations accountable;
(B) assert its sovereignty against interference by the
People's Republic of China; and
(C) promote reconciliation between ethnic and religious
groups arising from past conflict in Sri Lanka, including by
addressing land confiscation and ownership issues, resolving
cases of missing persons, and reducing the presence of the
armed forces in former conflict zones.
(3) International security assistance.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', not to exceed $500,000 may be made
available for assistance for Sri Lanka: Provided, That such
funds may be made available only for programs to support
humanitarian and disaster response preparedness and maritime
security, including professionalization and training for the
navy and coast guard: Provided further, That funds made
available under the heading ``Peacekeeping Operations'' may
only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(f) Regional Programs.--Funds appropriated by this Act
shall be made available for assistance for Afghanistan,
Pakistan, and other countries in South and Central Asia to
significantly increase the recruitment, training, and
retention of women in the judiciary, police, and other
security forces, and to train judicial and security personnel
in such countries to prevent and address gender-based
violence, human trafficking, and other practices that
disproportionately harm women and girls.
[[Page H10492]]
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--
(A) Fiscal year 2020.--Of the funds appropriated by this
Act under titles III and IV, not less than $519,885,000
should be made available for assistance for Belize, Costa
Rica, El Salvador, Guatemala, Honduras, Nicaragua, and
Panama, including through the Central America Regional
Security Initiative: Provided, That such assistance shall be
prioritized for programs and activities that addresses the
key factors that contribute to the migration of
unaccompanied, undocumented minors to the United States and
such funds shall be made available for global health,
humanitarian, development, democracy, border security, and
law enforcement programs for such countries, including for
programs to reduce violence against women and girls and to
combat corruption, and for support of commissions against
corruption and impunity, as appropriate: Provided further,
That not less than $45,000,000 shall be for support of
offices of Attorneys General and of other entities and
activities to combat corruption and impunity in such
countries.
(B) Fiscal year 2019.--Of the funds appropriated under
titles III and IV of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6), not less than $527,600,000
should be made available for assistance for Belize, Costa
Rica, El Salvador, Guatemala, Honduras, Nicaragua, and
Panama, including through the Central America Regional
Security Initiative: Provided, That such funds shall be made
available subject to the conditions in paragraph (2) of this
subsection and notwithstanding paragraphs (1) and (2) of
section 7045(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6).
(2) Northern triangle.--
(A) Limitation on assistance to certain central
governments.--Of the funds made available pursuant to
paragraph (1) under the heading ``Economic Support Fund'' and
under title IV of this Act that are made available for
assistance for each of the central governments of El
Salvador, Guatemala, and Honduras, 50 percent may only be
obligated after the Secretary of State certifies and reports
to the appropriate congressional committees that such
government is--
(i) combating corruption and impunity, including
prosecuting corrupt government officials;
(ii) implementing reforms, policies, and programs to
increase transparency and strengthen public institutions;
(iii) protecting the rights of civil society, opposition
political parties, and the independence of the media;
(iv) providing effective and accountable law enforcement
and security for its citizens, and upholding due process of
law;
(v) implementing policies to reduce poverty and promote
equitable economic growth and opportunity;
(vi) supporting the independence of the judiciary and of
electoral institutions;
(vii) improving border security;
(viii) combating human smuggling and trafficking and
countering the activities of criminal gangs, drug
traffickers, and transnational criminal organizations; and
(ix) informing its citizens of the dangers of the journey
to the southwest border of the United States.
(B) Reprogramming.--If the Secretary is unable to make the
certification required by subparagraph (A) for one or more of
the governments, such assistance for such central government
shall be reprogrammed for assistance for other countries in
Latin America and the Caribbean, notwithstanding the minimum
funding requirements of this subsection and of section 7019
of this Act: Provided, That any such reprogramming shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(C) Exceptions.--The limitation of subparagraph (A) shall
not apply to funds appropriated by this Act that are made
available for--
(i) the Mission to Support the Fight Against Corruption and
Impunity in Honduras, the International Commission Against
Impunity in El Salvador, and support of offices of Attorneys
General and of other entities and activities related to
combating corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) humanitarian assistance; and
(iv) food security programs.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $448,253,000 shall be
made available for assistance for Colombia: Provided, That
such funds shall be made available for the programs and
activities described under this section in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by this
Act under the heading ``International Narcotics Control and
Law Enforcement'' and made available for assistance for
Colombia, 20 percent may be obligated only after the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Colombia is continuing
to implement a national whole-of-government counternarcotics
strategy intended to reduce by 50 percent cocaine production
and coca cultivation levels in Colombia by 2023.
(B) Human rights.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' and
made available for assistance for Colombia, 20 percent may be
obligated only after the Secretary of State certifies and
reports to the Committees on Appropriations that--
(i) the Special Jurisdiction for Peace and other judicial
authorities are taking effective steps to hold accountable
perpetrators of gross violations of human rights in a manner
consistent with international law, including for command
responsibility, and sentence them to deprivation of liberty;
(ii) the Government of Colombia is taking effective steps
to prevent attacks against human rights defenders and other
civil society activists, trade unionists, and journalists,
and judicial authorities are prosecuting those responsible
for such attacks; and
(iii) senior military officers responsible for ordering,
committing, and covering up cases of false positives are
being held accountable, including removal from active duty if
found guilty through criminal or disciplinary proceedings.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used to
transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and
to provide transport in support of alternative development
programs and investigations by civilian judicial authorities.
(5) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available
for payment of reparations to conflict victims or
compensation to demobilized combatants associated with a
peace agreement between the Government of Colombia and
illegal armed groups.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' that are made available
for assistance for Haiti may not be made available for
assistance for the central Government of Haiti unless the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is taking effective
steps, which are steps taken since the certification and
report submitted during the prior year, if applicable, to--
(A) strengthen the rule of law in Haiti, including by--
(i) selecting judges in a transparent manner based on
merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the judiciary; and
(iv) improving governance by implementing reforms to
increase transparency and accountability, including through
the penal and criminal codes;
(B) combat corruption, including by implementing the anti-
corruption law enacted in 2014 and prosecuting corrupt
officials;
(C) increase government revenues, including by implementing
tax reforms, and increasing expenditures on public services;
and
(D) resolve commercial disputes between United States
entities and the Government of Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(3) Limitation.--None of the funds made available by this
Act may be used to provide assistance to the armed forces of
Haiti.
(d) The Caribbean.--Of the funds appropriated by this Act
under titles III and IV, not less than $60,000,000 shall be
made available for the Caribbean Basin Security Initiative.
(e) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $30,000,000 shall be
made available for democracy programs for Venezuela.
(2) Funds appropriated under title III of this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made
available for assistance for communities in countries
supporting or otherwise impacted by refugees from Venezuela,
including Colombia, Peru, Ecuador, Curacao, and Trinidad and
Tobago: Provided, That such amounts are in addition to funds
otherwise made available for assistance for such countries,
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $448,000,000 shall be made
available for assistance for Ukraine.
[[Page H10493]]
(b) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for a government of an
Independent State of the former Soviet Union if such
government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7047(a) of this Act, funds may
be made available without regard to the restriction in this
subsection if the President determines that to do so is in
the national security interest of the United States:
Provided further, That prior to executing the authority
contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how
such assistance supports the national security interest of
the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of
the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.)
and section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation
assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD
Act of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act
may be used to facilitate or support the sale of defense
articles or defense services to the Turkish Presidential
Protection Directorate (TPPD) under Chapter 2 of the Arms
Export Control Act (22 U.S.C. 2761 et seq.) unless the
Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD that are
named in the July 17, 2017, indictment by the Superior Court
of the District of Columbia, and against whom there are
pending charges, have returned to the United States to stand
trial in connection with the offenses contained in such
indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not
apply to the use of funds made available by this Act for
border security purposes, for North Atlantic Treaty
Organization or coalition operations, or to enhance the
protection of United States officials and facilities in
Turkey.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--None of the funds appropriated
by this Act may be made available for assistance for the
central Government of the Russian Federation.
(b) Annexation of Crimea.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State
determines and reports to the Committees on Appropriations
has taken affirmative steps intended to support or be
supportive of the Russian Federation annexation of Crimea or
other territory in Ukraine: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if
the Secretary determines and reports to such Committees that
to do so is in the national interest of the United States,
and includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of Russian-backed separatists, if
such activity includes the participation of Russian
Government officials, or other Russian owned or controlled
financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of Russian-backed separatists, if such
assistance includes the participation of Russian Government
officials, or other Russian owned or controlled financial
entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit,
or guarantee) for any program that violates the sovereignty
or territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of
State determines and reports to the Committees on
Appropriations that the Government of Ukraine has
reestablished sovereignty over Crimea and other territory in
Ukraine under the control of Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State
determines and reports to the Committees on Appropriations
has recognized the independence of, or has established
diplomatic relations with, the Russian Federation occupied
Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia: Provided, That the Secretary shall publish on the
Department of State website a list of any such central
governments in a timely manner: Provided further, That the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, and includes a justification
for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit,
or guarantee) for any program that violates the sovereignty
and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this Act
under the headings ``Assistance for Europe, Eurasia and
Central Asia'', ``International Narcotics Control and Law
Enforcement'', ``International Military Education and
Training'', and ``Foreign Military Financing Program'', not
less than $290,000,000 shall be made available to carry out
the purposes of the Countering Russian Influence Fund, as
authorized by section 254 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (Public Law 115-44; 22
U.S.C. 9543) and notwithstanding the country limitation in
subsection (b) of such section, and programs to enhance the
capacity of law enforcement and security forces in countries
in Europe, Eurasia, and Central Asia and strengthen security
cooperation between such countries and the United States and
the North Atlantic Treaty Organization, as appropriate.
(2) Economics and trade.--Funds appropriated by this Act
and made available for assistance for the Eastern Partnership
countries shall be made available to advance the
implementation of Association Agreements and trade agreements
with the European Union, and to reduce their vulnerability to
external economic and political pressure from the Russian
Federation.
(e) Democracy Programs.--Funds appropriated by this Act
shall be made available to support democracy programs in the
Russian Federation and other countries in Europe, Eurasia,
and Central Asia, including to promote Internet freedom:
Provided, That not later than 90 days after enactment of this
Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional
committees a comprehensive, multiyear strategy for the
promotion of democracy in such countries.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Withholding of funds.--Of the funds appropriated under
the heading ``Contributions to International Organizations''
in title I and ``International Organizations and Programs''
in title V of this Act that are available for contributions
to the United Nations (including the Department of
Peacekeeping Operations), any United Nations agency, or the
Organization of American States, 15 percent may not be
obligated for such organization, department, or agency until
the Secretary of State determines and reports to the
Committees on Appropriations that the organization,
department, or agency is--
(A) posting on a publicly available website, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(B) effectively implementing and enforcing policies and
procedures which meet or exceed best practices in the United
States for the protection of whistleblowers from retaliation,
including--
(i) protection against retaliation for internal and lawful
public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(v) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment; and
(C) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first class and business class travel.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived
[[Page H10494]]
on a case- by-case basis if the Secretary of State determines
and reports to the Committees on Appropriations that such
waiver is necessary to avert or respond to a humanitarian
crisis.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency,
body, or commission is chaired or presided over by a country,
the government of which the Secretary of State has
determined, for purposes of section 1754(c) of the Export
Reform Control Act of 2018 (50 U.S.C. 4813(c)), supports
international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State
as a contribution to any organization, agency, commission, or
program within the United Nations system if such
organization, agency, commission, or program is chaired or
presided over by a country the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961, section 40 of the
Arms Export Control Act, section 1754(c) of the Export Reform
Control Act of 2018 (50 U.S.C. 4813(c)), or any other
provision of law, is a government that has repeatedly
provided support for acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines
and reports to the Committees on Appropriations that to do so
is important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of
the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on
Appropriations that participation in the Council is important
to the national interest of the United States and that such
Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of
members to such Council: Provided, That such report shall
include a description of the national interest served and the
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council:
Provided further, That the Secretary of State shall report to
the Committees on Appropriations not later than September 30,
2020, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council.
(d) United Nations Relief and Works Agency.--Prior to the
initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), the Secretary of State shall report to
the Committees on Appropriations, in writing, on whether
UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance
Act of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to
ensure they are only used for humanitarian or other
appropriate purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States
law, and is taking steps to improve the financial
transparency of the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in
a timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--
None of the funds appropriated or made available pursuant to
titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961, the costs for participation of another country's
delegation at international conferences held under the
auspices of multilateral or international organizations.
(f) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2020
for contributions to any organization, department, agency, or
program within the United Nations system or any international
program that are withheld from obligation or expenditure due
to any provision of law: Provided, That the Secretary shall
update such report each time additional funds are withheld by
operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such
report, including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping
Operations.--The Secretary of State should withhold
assistance to any unit of the security forces of a foreign
country if the Secretary has credible information that such
unit has engaged in sexual exploitation or abuse, including
while serving in a United Nations peacekeeping operation,
until the Secretary determines that the government of such
country is taking effective steps to hold the responsible
members of such unit accountable and to prevent future
incidents: Provided, That the Secretary shall promptly
notify the government of each country subject to any
withholding of assistance pursuant to this paragraph, and
shall notify the appropriate congressional committees of such
withholding not later than 10 days after a determination to
withhold such assistance is made: Provided further, That the
Secretary shall, to the maximum extent practicable, assist
such government in bringing the responsible members of such
unit to justice.
(h) Additional Availability.--Subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made
available due to the implementation of subsection (a), the
third proviso under the heading ``Contributions for
International Peacekeeping Activities'' in title I of this
Act, or section 307(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2227(a)), shall remain available for obligation
until September 30, 2021: Provided, That the requirement to
withhold funds for programs in Burma under section 307(a) of
the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
(i) National Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall withhold 5
percent of the funds appropriated by this Act under the
heading ``Contributions to International Organizations'' for
a specialized agency or other entity of the United Nations if
the Secretary, in consultation with the United States
Ambassador to the United Nations, determines and reports to
the Committees on Appropriations that such agency or entity
has taken an official action that is against the national
security interest of the United States or an ally of the
United States, including Israel.
(2) Release of funds.--The Secretary of State, in
consultation with the United States Ambassador to the United
Nations, may release funds withheld pursuant to paragraph (1)
if the Secretary determines and reports to the Committees on
Appropriations that such agency or entity is taking steps to
address the action that resulted in the withholding of such
funds.
(3) Reprogramming.--Should the Secretary of State be unable
to make a determination pursuant to paragraph (2) regarding
the release of withheld funds, such funds may be reprogrammed
for other purposes under the heading ``Contributions to
International Organizations''.
(4) Waiver.--The Secretary of State, following consultation
with the Committees on Appropriations, may waive the
requirements of this subsection if the Secretary determines
that to do so in the national interest.
war crimes tribunals
Sec. 7049. (a) If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to section
552(c) of the Foreign Assistance Act of 1961 of up to
$30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or
such other tribunals or commissions as the Council may
establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under
this section shall be in lieu of any determinations otherwise
required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made
available subject to the regular notification procedures of
the Committees on Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the
International Criminal Court: Provided, That funds may be
made available for technical assistance, training, assistance
for victims, protection of witnesses, and law enforcement
support related to international investigations,
apprehensions, prosecutions, and adjudications of genocide,
crimes against humanity, and war crimes: Provided further,
That the previous proviso shall not apply to investigations,
apprehensions, or prosecutions of American service members
and other United States citizens or nationals, or nationals
of the North Atlantic Treaty Organization (NATO) or major
non-NATO allies initially
[[Page H10495]]
designated pursuant to section 517(b) of the Foreign
Assistance Act of 1961.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for
obligation during fiscal year 2020 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $65,500,000 shall
be made available for programs to promote Internet freedom
globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of
expression on the Internet, and that are important to the
national interest of the United States: Provided further,
That funds made available pursuant to this section shall be
matched, to the maximum extent practicable, by sources other
than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``Democracy
Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'' that are made available pursuant to subsection (a)
shall be--
(A) coordinated with other democracy programs funded by
this Act under such headings, and shall be incorporated into
country assistance and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011, International
Strategy for Cyberspace, the Department of State
International Cyberspace Policy Strategy required by section
402 of the Cybersecurity Act of 2015 (division N of Public
Law 114-113), and the comprehensive strategy to promote
Internet freedom and access to information in Iran, as
required by section 414 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations;
to combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(D) made available for research of key threats to Internet
freedom; the continued development of technologies that
provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage
of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the Chief Executive Officer (CEO) of the
United States Agency for Global Media (USAGM), shall
coordinate any such research and development programs with
other relevant United States Government departments and
agencies in order to share information, technologies, and
best practices, and to assess the effectiveness of such
technologies; and
(E) made available only after the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State,
concurs that such funds are allocated consistent with--
(i) the strategies referenced in subparagraph (B) of this
paragraph;
(ii) best practices regarding security for, and oversight
of, Internet freedom programs; and
(iii) sufficient resources and support for the development
and maintenance of anti-censorship technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading ``International
Broadcasting Operations'' that are made available pursuant to
subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute USAGM digital content,
facilitate audience access to such content on websites that
are censored, coordinate the distribution of USAGM digital
content to targeted regional audiences, and to promote and
distribute such tools and techniques, including digital
security techniques;
(B) coordinated with programs funded by this Act under the
heading ``International Broadcasting Operations'', and shall
be incorporated into country broadcasting strategies, as
appropriate;
(C) coordinated by the USAGM CEO to provide Internet
circumvention tools and techniques for audiences in countries
that are strategic priorities for the USAGM and in a manner
consistent with the USAGM Internet freedom strategy; and
(D) made available for the research and development of new
tools or techniques authorized in subparagraph (A) only after
the USAGM CEO, in consultation with the Secretary of State
and other relevant United States Government departments and
agencies, evaluates the risks and benefits of such new tools
or techniques, and establishes safeguards to minimize the use
of such new tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after
enactment of this Act, the Secretary of State and the USAGM
CEO shall submit to the Committees on Appropriations spend
plans for funds made available by this Act for programs to
promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to
ensure that such programs are not used for illicit purposes:
Provided, That the Department of State spend plan shall
include funding for all such programs for all relevant
Department of State and the United States Agency for
International Development offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this
section to promote Internet freedom globally may only be made
available to support technologies that undergo comprehensive
security audits conducted by the Bureau of Democracy, Human
Rights, and Labor, Department of State to ensure that such
technology is secure and has not been compromised in a manner
detrimental to the interest of the United States or to
individuals and organizations benefiting from programs
supported by such funds: Provided, That the security
auditing procedures used by such Bureau shall be reviewed and
updated periodically to reflect current industry security
standards.
(e) Surge.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', up to $2,500,000 may be
made available to surge Internet freedom programs in closed
societies if the Secretary of State determines and reports to
the appropriate congressional committees that such use of
funds is in the national interest: Provided, That such funds
are in addition to amounts made available for such purposes:
Provided further, That such funds may be transferred to, and
merged with, funds appropriated by this Act under the heading
``International Broadcasting Operations'' following
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Limitation.--None of the funds made
available by this Act may be used to support or justify the
use of torture and other cruel, inhuman, or degrading
treatment or punishment by any official or contract employee
of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section
660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for
assistance to eliminate torture and other cruel, inhuman, or
degrading treatment or punishment by foreign police, military
or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic Programs'', ``International Narcotics Control
and Law Enforcement'', ``Andean Counterdrug Initiative'', and
``Andean Counterdrug Programs'' may be used for any other
program and in any region.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations
that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section 7063(b) of
this Act, such aircraft may be used to transport, on a
reimbursable or non-reimbursable basis, Federal and non-
Federal personnel supporting Department of State and USAID
programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with
the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working Capital
Fund of the Department and shall be available for expenses
related to the purchase, lease, maintenance, chartering, or
operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose
of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law
[[Page H10496]]
111-117) shall apply to this Act: Provided, That the date
``September 30, 2009'' in subsection (f)(2)(B) of such
section shall be deemed to be ``September 30, 2019''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of
sections 7086(b) (1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Monetary Fund (IMF) to seek to ensure that any
loan will be repaid to the IMF before other private or
multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated
in this Act may be used to provide assistance (other than
funds provided under the headings ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International
Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``United States Emergency Refugee and
Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of
State of its refusal to extradite to the United States any
individual indicted for a criminal offense for which the
maximum penalty is life imprisonment without the possibility
of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) Waiver.--The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that
such waiver is important to the national interest of the
United States.
impact on jobs in the united states
Sec. 7056. None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade
Act of 1974, of workers in the recipient country, including
any designated zone or area in that country: Provided, That
the application of section 507(4)(D) and (E) of such Act (19
U.S.C. 2467(4)(D) and (E)) should be commensurate with the
level of development of the recipient country and sector, and
shall not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating
or transferring jobs from the United States to other
countries and adversely impacts the labor force in the United
States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to the Supplemental
Guidelines for High Carbon Intensity Projects approved by the
Export-Import Bank of the United States on December 12, 2013,
when enforcement of such rule, regulation, policy, or
guidelines would prohibit, or have the effect of prohibiting,
any coal-fired or other power-generation project the purpose
of which is to--
(A) provide affordable electricity in International
Development Association (IDA)-eligible countries and IDA-
blend countries; and
(B) increase exports of goods and services from the United
States or prevent the loss of jobs from the United States.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2020, $32,500,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive
health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles
III and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs''
and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the
funds appropriated under title III of this Act, not less than
$575,000,000 should be made available for family planning/
reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is
sustained, severe, and is spreading internationally, or that
it is in the national interest to respond to a Public Health
Emergency of International Concern, funds appropriated by
this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Migration and Refugee Assistance'', and
``Millennium Challenge Corporation'' may be made available to
combat such infectious disease or public health emergency,
and may be transferred to, and merged with, funds
appropriated under such headings for the purposes of this
paragraph.
(2) Emergency reserve fund.--Up to $10,000,000 of the funds
made available under the heading ``Global Health Programs''
may be made available for the Emergency Reserve Fund
established pursuant to section 7058(c)(1) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31):
Provided, That such funds shall be made available under the
same terms and conditions of such section.
(3) Ebola virus disease.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``International Disaster Assistance'' that are made
available to respond to the Ebola virus disease outbreak in
the Democratic Republic of the Congo, including in countries
affected by, or at risk of being affected by, such outbreak,
shall be the responsibility of the Assistant Administrator
for Democracy, Conflict, and Humanitarian Assistance, USAID,
or successor official responsible for USAID Ebola response.
(4) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with
the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
gender equality
Sec. 7059. (a) Women's Empowerment.--
(1) Gender equality.--Funds appropriated by this Act shall
be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the
status, increasing the participation, and protecting the
rights of women and girls worldwide.
(2) Women's economic empowerment.--Funds appropriated by
this Act are available to implement the Women's
Entrepreneurship and Economic Empowerment Act of 2018 (Public
Law 115-428): Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the
Committees on Appropriations on the implementation of such
Act.
(3) Women's global development and prosperity fund.--Of the
funds appropriated under title III of this Act, up to
$100,000,000 may be made available for the Women's Global
Development and Prosperity Fund.
(b) Women's Leadership.--Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made
available for programs specifically designed to increase
leadership opportunities for women in countries where women
and girls suffer discrimination due to law, policy, or
practice, by strengthening protections for women's political
status, expanding women's participation
[[Page H10497]]
in political parties and elections, and increasing women's
opportunities for leadership positions in the public and
private sectors at the local, provincial, and national
levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $165,000,000 shall be made available
to implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police
and other security forces.
(d) Women, Peace, and Security.--Funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'' should be made available to support a multi-
year strategy to expand, and improve coordination of, United
States Government efforts to empower women as equal partners
in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected
by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to
women and girls.
(e) Women and Girls at Risk From Extremism and Conflict.--
Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $15,000,000 shall be
made available to support women and girls who are at risk
from extremism and conflict, and for the activities described
in section 7059(e)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141): Provided, That such
funds are in addition to amounts otherwise made available by
this Act for such purposes, and shall be made available
following consultation with, and the regular notification
procedures of, the Committees on Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--(A) Of the funds appropriated under
title III of this Act, not less than $875,000,000 shall be
made available for assistance for basic education, and such
funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries: Provided, That such funds shall also be used for
secondary education activities: Provided further, That the
Administrator of the United States Agency for International
Development, following consultation with the Committees on
Appropriations, may reprogram such funds between countries:
Provided further, That funds made available under the
headings ``Development Assistance'' and ``Economic Support
Fund'' for the support of non-state schools in this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(B) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$125,000,000 shall be made available for contributions to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education: Provided,
That such funds may be made available notwithstanding any
other provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $35,000,000 shall
be made available for new and ongoing partnerships between
higher education institutions in the United States and
developing countries focused on building the capacity of
higher education institutions and systems in developing
countries: Provided further, That not later than 45 days
after enactment of this Act, the USAID Administrator shall
consult with the Committees on Appropriations on the proposed
uses of funds for such partnerships.
(b) Development Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $17,000,000 shall be made available for cooperative
development programs of USAID and not less than $30,000,000
shall be made available for the American Schools and
Hospitals Abroad program.
(c) Environment Programs.--
(1)(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support environment
programs.
(B) Funds made available pursuant to this subsection shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(2)(A) Of the funds appropriated under title III of this
Act, not less than $315,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $100,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking.
(C) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance
for any military unit or personnel that the Secretary of
State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the appropriate congressional committees
that to do so is in the national security interest of the
United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the Secretary
of the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI)
to use the voice and vote of the United States to oppose any
financing of any such activity.
(3) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy
of the United States to use the voice and vote of the United
States, in relation to any loan, grant, strategy, or policy
of such institution, regarding the construction of any large
dam consistent with the criteria set forth in Senate Report
114-79, while also considering whether the project involves
important foreign policy objectives.
(4) Of the funds appropriated under title III of this Act,
not less than $135,000,000 shall be made available for
sustainable landscapes programs.
(5) Of the funds appropriated under title III of this Act,
not less than $177,000,000 shall be made available for
adaptation programs.
(6) Of the funds appropriated under title III of this Act,
not less than $179,000,000 shall be made available for
renewable energy programs.
(d) Food Security and Agricultural Development.--Of the
funds appropriated by title III of this Act, not less than
$1,005,600,000 shall be made available for food security and
agricultural development programs to carry out the purposes
of the Global Food Security Act of 2016 (Public Law 114-195):
Provided, That funds may be made available for a
contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by section 3310 of the Agriculture Improvement Act of
2018 (Public Law 115-334).
(e) Micro, Small, and Medium-Sized Enterprises.--Of the
funds appropriated by this Act, not less than $265,000,000
shall be made available to support the development of, and
access to financing for, micro, small, and medium-sized
enterprises that benefit the poor, especially women.
(f) Programs To Combat Trafficking in Persons.--Of the
funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not
less than $67,000,000 shall be made available for activities
to combat trafficking in persons internationally, of which
not less than $45,000,000 shall be from funds made available
under the heading ``International Narcotics Control and Law
Enforcement'': Provided, That funds appropriated by this Act
that are made available for programs to end modern slavery
shall be in addition to funds made available by this
subsection to combat trafficking in persons.
(g) Reconciliation Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $30,000,000 shall be made available to support
people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political
backgrounds from areas of civil strife and war, including
between Israelis and Palestinians living in the West Bank and
Gaza: Provided, That the USAID Administrator shall consult
with the Committees on Appropriations, prior to the initial
obligation of funds, on the uses of such funds, and such
funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That
to the maximum extent practicable, such funds shall be
matched by sources other than the United States Government:
Provided further, That such funds shall be administered by
the Office of Conflict Management and Mitigation, USAID.
(h) Water and Sanitation.--Of the funds appropriated by
this Act, not less than $450,000,000 shall be made available
for water supply and sanitation projects pursuant to section
136 of the Foreign Assistance Act of 1961, of which not less
than $225,000,000 shall be for programs in sub-Saharan
Africa, and of which not less than $15,000,000 shall be made
available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
budget documents
Sec. 7061. (a) Operating Plans.--Not later than 45 days
after enactment of this Act, each department, agency, or
organization funded in titles I, II, and VI of this Act, and
the Department of the Treasury and Independent Agencies
funded in title III of this
[[Page H10498]]
Act, including the Inter-American Foundation and the United
States African Development Foundation, shall submit to the
Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in
such titles of this Act, or funds otherwise available for
obligation in fiscal year 2020, that provides details of the
uses of such funds at the program, project, and activity
level: Provided, That such plans shall include, as
applicable, a comparison between the congressional budget
justification funding levels, the most recent congressional
directives or approved funding levels, and the funding levels
proposed by the department or agency; and a clear, concise,
and informative description/justification: Provided further,
That operating plans that include changes in levels of
funding for programs, projects, and activities specified in
the congressional budget justification, in this Act, or
amounts specifically designated in the respective tables
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), as applicable, shall be subject to the notification and
reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Not later than 90 days after enactment of this Act, the
Secretary of State or Administrator of the United States
Agency for International Development, as appropriate, shall
submit to the Committees on Appropriations a spend plan for
funds made available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan,
Colombia, and countries in Central America;
(B) assistance made available pursuant to section 7047(d)
of this Act to counter Russian influence and aggression,
except that such plan shall be on a country-by-country basis;
(C) assistance made available pursuant to section 7059 of
this Act;
(D) the Indo-Pacific Strategy;
(E) democracy programs, Power Africa, and sectors
enumerated in subsections (a), (c), (d), (e), (f), (g) and
(h) of section 7060 of this Act;
(F) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for International
Organized Crime and for Cybercrime and Intellectual Property
Rights: Provided, That the spend plans shall include
bilateral and global programs funded under such heading along
with a brief description of the activities planned for each
country; and
(G) the regional security initiatives described under this
heading in Senate Report 116-126.
(2) Not later than 90 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Spending Report.--Not later than 45 days after
enactment of this Act, the USAID Administrator shall submit
to the Committees on Appropriations a detailed report on
spending of funds made available during fiscal year 2019
under the heading ``Development Credit Authority''.
(d) Clarification.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements in this Act or under section 634A
of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) Submission.--The congressional budget justification for
Department of State operations and foreign operations shall
be provided to the Committees on Appropriations concurrent
with the date of submission of the President's budget for
fiscal year 2021: Provided, That the appendices for such
justification shall be provided to the Committees on
Appropriations not later than 10 calendar days thereafter.
(2) Multi-year availability of certain funds.--The
Secretary of State and the USAID Administrator shall include
in the congressional budget justification a detailed
justification for multi-year availability for any funds
requested under the headings ``Diplomatic Programs'' and
``Operating Expenses''.
reorganization
Sec. 7062. (a) Oversight.--
(1) Prior consultation and notification.--Funds
appropriated by this Act, prior Acts making appropriations
for the Department of State, foreign operations, and related
programs, or any other Act may not be used to implement a
reorganization, redesign, or other plan described in
paragraph (2) by the Department of State, the United States
Agency for International Development, or any other Federal
department, agency, or organization funded by this Act
without prior consultation by the head of such department,
agency, or organization with the appropriate congressional
committees: Provided, That such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That any such notification
submitted to such Committees shall include a detailed
justification for any proposed action, including the
information specified under section 7073 of the joint
explanatory statement accompanying the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further,
That congressional notifications submitted in prior fiscal
years pursuant to similar provisions of law in prior Acts
making appropriations for the Department of State, foreign
operations, and related programs may be deemed to meet the
notification requirements of this section.
(2) Description of activities.--Pursuant to paragraph (1),
a reorganization, redesign, or other plan shall include any
action to--
(A) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus
and offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of
the authorities and responsibilities of such bureaus and
offices;
(B) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(C) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and USAID
from the levels specified in sections 7063(d)(1) and
7064(i)(1) of this Act.
(b) Additional Requirements and Limitations.--
(1) USAID reorganization.--Not later than 30 days after
enactment of this Act, and quarterly thereafter until
September 30, 2021, the USAID Administrator shall submit a
report to the appropriate congressional committees on the
status of USAID's reorganization in the manner described in
House Report 116-78.
(2) Bureau of population, refugees, and migration,
department of state.--None of the funds appropriated by this
Act, prior Acts making appropriations for the Department of
State, foreign operations, and related programs, or any other
Act may be used to downsize, downgrade, consolidate, close,
move, or relocate the Bureau of Population, Refugees, and
Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(3) Administration of funds.--Funds made available by this
Act--
(A) under the heading ``Migration and Refugee Assistance''
shall be administered by the Assistant Secretary for
Population, Refugees, and Migration, Department of State, and
this responsibility shall not be delegated; and
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United States
Ambassador-at-Large for Global Women's Issues, Department of
State, and this responsibility shall not be delegated.
department of state management
Sec. 7063. (a) Financial Systems Improvement.--Funds
appropriated by this Act for the operations of the Department
of State under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' shall be made available to
implement the recommendations contained in the Foreign
Assistance Data Review Findings Report (FADR) and the Office
of Inspector General (OIG) report entitled ``Department
Financial Systems Are Insufficient to Track and Report on
Foreign Assistance Funds'': Provided, That not later than 45
days after enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations an update to
the plan required under section 7006 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
for implementing the FADR and OIG recommendations: Provided
further, That such funds may not be obligated for
enhancements to, or expansions of, the Budget System
Modernization Financial System, Central Resource Management
System, Joint Financial Management System, or Foreign
Assistance Coordination and Tracking System until such
updated plan is submitted to the Committees on
Appropriations: Provided further, That such funds may not be
obligated for new, or expansion of existing, ad hoc
electronic systems to track commitments, obligations, or
expenditures of funds unless the Secretary of State,
following consultation with the Chief Information Officer of
the Department of State, has reviewed and certified that such
new system or expansion is consistent with the FADR and OIG
recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act
or otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the
service centers included in the Congressional Budget
Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2020: Provided, That the
amounts for such service centers shall be the amounts
included in such budget justification, except as provided in
section 7015(b) of this Act: Provided further, That Federal
agency components shall be charged only for their direct
usage of each Working Capital Fund service: Provided
further, That prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-
related activities, the Secretary of State shall include the
proposed increase in the Department of State budget
justification or, at least 60 days prior to the increase,
provide the Committees on Appropriations a justification for
such increase, including a detailed assessment of the cost
and benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay
for Working Capital Fund services that
[[Page H10499]]
are consistent with the purpose and authorities of such
components: Provided further, That the Working Capital Fund
shall be paid in advance or reimbursed at rates which will
return the full cost of each service.
(c) Certification.--
(1) Compliance.--Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify
and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office
is in compliance with Department and Federal financial and
grants management policies, procedures, and regulations, as
applicable.
(2) Considerations.--When making a certification required
by paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country and
program level, as appropriate;
(B) identify risks and develop mitigation and monitoring
plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(d) Personnel Levels.--
(1) Funds made available by this Act are made available to
support the permanent Foreign Service and Civil Service staff
levels of the Department of State at not less than the hiring
targets established in the fiscal year 2019 operating plan.
(2) Not later than 60 days after enactment of this Act, and
every 60 days thereafter until September 30, 2021, the
Secretary of State shall report to the appropriate
congressional committees on the on-board personnel levels,
hiring, and attrition of the Civil Service, Foreign Service,
eligible family member, and locally employed staff workforce
of the Department of State, on an operating unit-by-operating
unit basis: Provided, That such report shall also include a
hiring plan, including timelines, for maintaining the agency-
wide, on-board Foreign Service and Civil Service at not less
than the levels specified in paragraph (1).
(e) Information Technology Platform.--
(1) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may
be made available for a new major information technology (IT)
investment without the concurrence of the Chief Information
Officer, Department of State.
(2) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be used by an
agency to submit a project proposal to the Technology
Modernization Board for funding from the Technology
Modernization Fund unless, not later than 15 days in advance
of submitting the project proposal to the Board, the head of
the agency--
(A) notifies the Committees on Appropriations of the
proposed submission of the project proposal; and
(B) submits to the Committees on Appropriations a copy of
the project proposal.
(3) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be used by an
agency to carry out a project that is approved by the Board
unless the head of the agency--
(A) submits to the Committees on Appropriations a copy of
the approved project proposal, including the terms of
reimbursement of funding received for the project; and
(B) agrees to submit to the Committees on Appropriations a
copy of each report relating to the project that the head of
the agency submits to the Board.
united states agency for international development management
Sec. 7064. (a) Authority.--Up to $100,000,000 of the funds
made available in title III of this Act pursuant to or to
carry out the provisions of part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International
Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant
to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals
contained in subsection (a) shall expire on September 30,
2021.
(c) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which the
responsibilities of such individual primarily relate:
Provided, That funds made available to carry out this section
may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating
Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949), may be extended for a period of up to
4 years notwithstanding the limitation set forth in such
section.
(e) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on
Appropriations.
(f) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Food for Peace Act (Public Law 83-480; 7
U.S.C. 1721 et seq.), may be used by USAID to employ up to 40
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be
assigned to any bureau or office: Provided further, That
such funds appropriated to carry out title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be
made available only for personal services contractors
assigned to the Office of Food for Peace.
(g) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) may be assigned to or
support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs.
(i) Personnel Levels.--
(1) Funds made available by this Act under the heading
``Operating Expenses'' are made available to support 1,850
permanent Foreign Service Officers and 1,600 permanent Civil
Service staff.
(2) Not later than 60 days after enactment of this Act, and
every 60 days thereafter until September 30, 2021, the USAID
Administrator shall report to the appropriate congressional
committees on the on-board personnel levels, hiring, and
attrition of the Civil Service, Foreign Service, and foreign
service national workforce of USAID, on an operating unit-by-
operating unit basis: Provided, That such report shall also
include a hiring plan, including timelines, for maintaining
the agency-wide, on-board Foreign Service Officers and Civil
Service staff at not less than the levels specified in
paragraph (1).
stabilization and development in regions impacted by extremism and
conflict
Sec. 7065. (a) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'', and
``Foreign Military Financing Program'', not less than
$200,000,000 shall be made available for the Relief and
Recovery Fund for assistance for areas liberated or at risk
from, or under the control of, the Islamic State of Iraq and
Syria, other terrorist organizations, or violent extremist
organizations, including for stabilization assistance for
vulnerable ethnic and religious minority communities affected
by conflict: Provided, That unless specifically designated
in this Act or in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) for assistance for countries, such funds
are in addition to amounts otherwise made available for such
purposes: Provided further, That such funds appropriated
under such headings may be transferred to, and merged with,
funds appropriated under such headings: Provided further,
That such transfer authority is in addition to any other
transfer authority provided by this Act or any other Act, and
is subject to the regular notification procedures of the
Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that
are made available for the Relief and Recovery Fund, not less
than $10,000,000 shall be made available for programs to
promote accountability for genocide, crimes against humanity,
and war crimes, including in Iraq and Syria, which shall be
in addition to any other funds made available by this Act for
such purposes: Provided, That such programs shall include
components to develop local investigative and judicial
skills,
[[Page H10500]]
and to collect and preserve evidence and maintain the chain
of custody of evidence, including for use in prosecutions,
and may include the establishment of, and assistance for,
transitional justice mechanisms: Provided further, That such
funds shall be administered by the Special Coordinator for
the Office of Global Criminal Justice, Department of State:
Provided further, That funds made available by this paragraph
shall be made available on an open and competitive basis.
(b) Countering Violent Extremism in Asia.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $2,500,000 shall be made available for
programs to counter violent extremism in Asia, including
within the Buddhist community: Provided, That such funds are
in addition to funds otherwise made available by this Act for
such purposes.
(c) Global Community Engagement and Resilience Fund.--Of
the funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading ``Economic
Support Fund'', $5,000,000 shall be made available to the
Global Community Engagement and Resilience Fund (GCERF),
including as a contribution: Provided, That any such funds
made available for the GCERF shall be made available on a
cost-matching basis from sources other than the United States
Government, to the maximum extent practicable, and shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(d) Global Concessional Financing Facility.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', $25,000,000 shall be made available for the Global
Concessional Financing Facility of the World Bank to provide
financing to support refugees and host communities:
Provided, That such funds shall be in addition to funds
allocated for bilateral assistance in the report required by
section 653(a) of the Foreign Assistance Act of 1961, and may
only be made available subject to prior to consultation with
the Committees on Appropriations.
disability programs
Sec. 7066. (a) Assistance.--Funds appropriated by this Act
under the heading ``Development Assistance'' shall be made
available for programs and activities administered by the
United States Agency for International Development to address
the needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports, and
integration of individuals with disabilities, including for
the cost of translation.
(b) Management, Oversight, and Technical Support.--Of the
funds made available pursuant to this section, 5 percent may
be used by USAID for management, oversight, and technical
support.
debt-for-development
Sec. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
enterprise funds
Sec. 7068. (a) Notification.--None of the funds made
available under titles III through VI of this Act may be made
available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to
the appropriate congressional committees.
rescissions
(including rescissions of funds)
Sec. 7069. (a) Economic Support Fund.--
(1) Of the unobligated balances available under the
Economic Support Fund, identified by Treasury Appropriation
Fund Symbol 72 X 1037, $32,000,000 are rescinded.
(2) Of the unobligated and unexpended balances available to
the President for bilateral economic assistance under the
heading ``Economic Support Fund'' from prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, $200,000,000 shall be
deobligated, as appropriate, and shall be rescinded.
(3) For the purposes of this subsection, no amounts may be
rescinded from amounts that were designated by Congress as an
emergency requirement or for Overseas Contingency Operations/
Global War on Terrorism pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
(b) Embassy Security, Construction, and Maintenance.--Of
the unobligated balances from amounts available under the
heading ``Embassy Security, Construction, and Maintenance''
in title II of the Security Assistance Appropriations Act,
2017 (division B of Public Law 114-254), $242,462,000 are
rescinded: Provided, That such funds that were previously
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of such Act.
(c) Complex Crises Fund.--Of the unobligated balances from
amounts made available under title VIII in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading ``Complex
Crises Fund'', $40,000,000 are rescinded: Provided, That
such funds that were previously designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of such
Act.
(d) Export-Import Bank of the United States.--Of the
unobligated balances available under the heading ``Export and
Investment Assistance, Export-Import Bank of the United
States, Subsidy Appropriation'' for tied-aid grants from
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, $64,282,000 are
rescinded.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2020''.
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$115,490,000, of which not to exceed $3,100,000 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 $21,000,000 shall be
available for the Office of the General Counsel; not to
exceed $10,500,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$15,000,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,650,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $29,244,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,142,000 shall be
available for the Office of Public Affairs; not to exceed
$1,859,000 shall be available for the Office of the Executive
Secretariat; not to exceed $12,181,000 shall be available for
the Office of Intelligence, Security, and Emergency Response;
and not to exceed $16,814,000 shall be available for the
Office of the Chief Information Officer: Provided, That the
Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to
any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such
transfers: Provided further, That notice of any change in
funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law
107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public
Affairs.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $21,000,000,
of which $14,218,000 shall remain available until expended
for (1) $5,000,000 for new competitive grants under section
5505 of title 49, United States Code, for Tier I University
Transportation Centers, (2) $1,000,000 for the establishment
of 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, (3)
$1,000,000 for the Secretary of Transportation to enter into
an agreement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study through the
Transportation Research Board on effective ways to measure
the resilience of transportation systems and services to
natural disasters, natural hazards, and other potential
disruptions, and (4) $5,000,000 for the establishment of a
Highly Automated
[[Page H10501]]
Systems Safety Center of Excellence as required in section
105 of this Act: Provided, That such amounts are in addition
to amounts previously provided for Tier I University
Transportation Centers: Provided further, That such amounts
for additional Tier I University Transportation Centers under
this heading are provided notwithstanding section
5505(c)(4)(A) of title 49, United States Code: Provided
further, That there may be credited to this appropriation, to
be available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training: Provided
further, That any reference in law, regulation, judicial
proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a
reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $1,000,000,000, to remain available through
September 30, 2022: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State,
local government, transit agency, port authority, or a
collaboration among such entities on a competitive basis for
projects that will have a significant local or regional
impact: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited
to, highway or bridge projects eligible under title 23,
United States Code; public transportation projects eligible
under chapter 53 of title 49, United States Code; passenger
and freight rail transportation projects; 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 shall use an
amount not less than $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 an award under this heading is an urban award
if it is to a project located within or on the boundary of an
Urbanized Area (UA), as designated by the U.S. Census Bureau,
that had a population greater than 200,000 in the 2010
Census: Provided further, That for the purpose of
determining if an award for planning, preparation or design
is an urban award, the project location is the location of
the project being planned, prepared or designed: Provided
further, That each award under this heading that is not an
urban award is a rural award: Provided further, That of the
funds awarded under this heading, not more than 50 percent
shall be awarded as urban awards and rural awards,
respectively: Provided further, That for rural awards, 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 $25,000,000 of the funds provided
under this heading, and may transfer portions of those funds
to the Administrators of the Federal Highway Administration,
the Federal Transit Administration, the Federal Railroad
Administration, and the Maritime Administration to fund the
award and oversight of grants and credit assistance made
under the National Infrastructure Investments program:
Provided further, That 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:
Provided further, That such sums provided for national
infrastructure investments for multimodal safety projects
under title VIII of division F of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-
6; 127 Stat. 423) shall remain available through fiscal year
2024 for the liquidation of valid obligations of active
grants awarded with this funding: Provided further, That the
preceding proviso shall be applied as if it were in effect on
September 30, 2019.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface
Transportation and Innovative Finance Bureau as authorized by
49 U.S.C. 116, $5,000,000, to remain available until
expended: Provided, That the Secretary shall notify the
House and Senate Committees on Appropriations no less than 15
days prior to exercising the transfer authority granted under
section 116(h) of title 49, United States Code.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $2,000,000, to remain
available through September 30, 2021.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, and implementation of enhanced security
controls on network devices, $15,000,000, to remain available
through September 30, 2021.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $10,879,000, 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, $4,646,000, to remain
available until September 30, 2021: Provided, That
notwithstanding 49 U.S.C. 332, these funds may be used for
business opportunities related to any mode of transportation:
Provided further, That appropriations made available under
this heading shall be available for any purpose consistent
with prior year appropriations that were made available under
the heading ``Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential
[[Page H10502]]
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: 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. No later than May 1, 2020, the Secretary shall
announce the selection of all projects to receive awards for
all competitive grants provided in Public Law 116-6 under the
headings: ``Federal Railroad Administration--Federal-State
Partnership for State of Good Repair'', ``Federal Railroad
Administration--Consolidated Rail Infrastructure and Safety
Improvements'', ``Federal Railroad Administration--
Restoration and Enhancement'', ``Federal Railroad
Administration--Magnetic Levitation Technology Deployment
Program'', and ``Maritime Administration--Port Infrastructure
Development Program''.
Sec. 105. (a) The Secretary shall establish a Highly
Automated Systems Safety Center of Excellence within the
Department of Transportation, in order to have a Department
of Transportation workforce capable of reviewing, assessing,
and validating the safety of automated technologies.
(b) The Highly Automated Systems Safety Center of
Excellence shall--
(1) serve as a central location within the Department of
Transportation for expertise in automation and human factors,
computer science, data analytics, machine learning, sensors,
and other technologies involving automated systems;
(2) collaborate with and provide support on highly
automated systems to all Operating Administrations of the
Department of Transportation; and
(3) have a workforce composed of Department of
Transportation employees, including direct hires or detailees
from Operating Administrations of the Department of
Transportation and other Federal agencies.
(c) Employees of the Highly Automated Systems Safety Center
of Excellence, in conjunction with the relevant Operating
Administrations of the Department of Transportation, shall
review, assess, and validate highly automated systems to
ensure their safety.
(d) The Highly Automated Systems Safety Center of
Excellence shall not supersede laws or regulations granting
certification authorities to Operating Administrations of the
Department of Transportation.
(e) No later than 90 days after the date of enactment of
this Act, the Secretary shall report to the Committees on
Appropriations of the House of Representatives and the Senate
on staffing needs and the staffing plan for the Highly
Automated Systems Safety Center of Excellence.
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, $10,630,000,000, to
remain available until September 30, 2021, of which
$10,519,000,000 shall be derived from the Airport and Airway
Trust Fund: Provided, That of the sums appropriated under
this heading--
(1) not less than $1,404,096,000 shall be available for
aviation safety activities;
(2) $7,970,734,000 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 further, That not to exceed 5 percent of any
budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation by more than 5 percent: Provided further,
That any transfer in excess of 5 percent shall be treated as
a reprogramming of funds under section 405 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That not later than 60 days after the
submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an
annual update to the report submitted to Congress in December
2004 pursuant to section 221 of Public Law 108-176: Provided
further, That the amount herein appropriated shall be reduced
by $100,000 for each day after the date that is 60 days after
the submission of the budget request that such report has not
been submitted to the Congress: Provided further, That not
later than 60 days after the submission of the budget
request, the Administrator shall transmit to Congress a
companion report that describes a comprehensive strategy for
staffing, hiring, and training flight standards and aircraft
certification staff in a format similar to the one utilized
for the controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall
be reduced by $100,000 per day for each day after the date
that is 60 days after the submission of the budget request
that such report has not been submitted to Congress:
Provided further, That funds may be used to enter into a
grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $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.
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
[[Page H10503]]
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, $3,045,000,000, of which $515,000,000 shall
remain available until September 30, 2021, $2,409,473,000
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 not
later than 60 days after submission of the budget request,
the Secretary of Transportation shall transmit to the
Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line
item for fiscal years 2021 through 2025, with total funding
for each year of the plan constrained to the funding targets
for those years as estimated and approved by the Office of
Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$192,665,000, 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 explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That not to exceed 10
percent of any funding level specified under this heading in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) may be
transferred to any other funding level specified under this
heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That no transfer may increase or
decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be
treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,350,000,000 in fiscal year 2020,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) for subgrants or paragraph (3) of that section
shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not
more than $116,500,000 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, $400,000,000, 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 subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Assistant Secretary for Administration of the
Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available
for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation
Administration.
Sec. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report
[[Page H10504]]
that justifies all fees related to aeronautical navigation
products and explains how such fees are consistent with
Executive Order No. 13642.
Sec. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119B. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119C. None of the funds provided under this Act may
be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program
participants as long as the Federal Aviation Administration
has received an application from the airport, and as long as
the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration
published establishment criteria.
Sec. 119D. None of the funds made available by this Act
may be used to open, close, redesignate as a lesser office,
or reorganize a regional office, the aeronautical center, or
technical center unless the Administrator submits a request
for the reprogramming of funds under section 405 of this Act.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $453,549,689, together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration. In addition, $3,248,000 shall be transferred
to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under titles 23 and 49, United States Code, and
the provisions of the Fixing America's Surface Transportation
(FAST) Act (Public Law 114-94) shall not exceed total
obligations of $46,365,092,000 for fiscal year 2020:
Provided, That the Secretary may collect and spend fees, as
authorized by title 23, United States Code, to cover the
costs of services of expert firms, including counsel, in the
field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and
all or a portion of the costs to the Federal Government of
servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That such amounts are in addition to
administrative expenses that are also available for such
purpose, and are not subject to any obligation limitation or
the limitation on administrative expenses under section 608
of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code,
$47,104,092,000 derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of
Transportation $2,166,140,392: Provided, That the funds 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) $781,140,392 shall be for activities eligible under
sections 133(b)(1) and 133(b)(4) of title 23, United States
Code, and to provide necessary charging infrastructure along
corridor-ready or corridor-pending alternative fuel corridors
designated pursuant to section 151 of title 23, United States
Code;
(2) $1,150,000,000 shall be for a bridge replacement and
rehabilitation program;
(3) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of Public Law 102-240;
(4) $3,500,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(5) $1,500,000 shall be for activities eligible under the
Territorial Highway Program, as described in section
165(c)(6) of title 23, United States Code;
(6) $70,000,000 shall be for the nationally significant
Federal lands and tribal projects program under section 1123
of the FAST Act;
(7) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23, United
States Code;
(8) $5,000,000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section
1441 of the FAST Act; and
(9) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create a
national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System:
Provided further, That for the purposes of funds made
available under this heading for activities eligible under
sections 133(b)(1) and 133(b)(4) of title 23, United States
Code, and to provide necessary charging infrastructure along
corridor-ready or corridor-pending alternative fuel corridors
designated pursuant to section 151 of title 23, United States
Code, the term ``State'' means any of the 50 States or the
District of Columbia: Provided further, That the funds made
available under this heading for activities eligible under
sections 133(b)(1) and 133(b)(4) of title 23, United States
Code, and to provide necessary charging infrastructure along
corridor-ready or corridor-pending alternative fuel corridors
designated pursuant to section 151 of title 23, United States
Code, 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
activities eligible under sections 133(b)(1) and 133(b)(4) of
title 23, United States Code, and to provide necessary
charging infrastructure along corridor-ready or corridor-
pending alternative fuel corridors designated pursuant to
section 151 of title 23, United States Code, 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 sections 133(b)(1) and
133(b)(4) of title 23, United States Code, and to provide
necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated
pursuant to section 151 of title 23, United States Code,
shall be apportioned to the States in the same ratio as the
obligation limitation for fiscal year 2020 is distributed
among the States in section 120(a)(5) of this Act: Provided
further, That, except as provided in the following proviso,
the funds made available under this heading for activities
eligible under the Puerto Rico Highway Program and activities
eligible under the Territorial Highway Program shall be
administered as if allocated under sections 165(b) and
165(c), respectively, of title 23, United States Code, and
shall remain available through September 30, 2023: Provided
further, That the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program
shall not be subject to the requirements of sections
165(b)(2)(A) or 165(b)(2)(B) of such title: Provided
further, That the funds made available under this heading for
the nationally significant Federal lands and tribal projects
program under section 1123 of the FAST Act shall remain
available through September 30, 2023: Provided further, That
for the purposes of funds made available under this heading
for a bridge replacement and rehabilitation program, (1) the
term ``State'' means any of the 50 States or the District of
Columbia, and (2) the term ``qualifying State'' means any
State in which the percentage of total deck area of bridges
classified as in poor condition in such State is at least 5
percent: Provided further, That, of the funds made available
under this heading for a bridge replacement and
rehabilitation program, the Secretary shall reserve
$6,000,000 for each State that does not meet the definition
of a qualifying State: Provided further, That, after making
the reservations under the preceding proviso, the Secretary
shall distribute the remaining funds made available under
this heading for a bridge replacement and rehabilitation
program to each qualifying State by the proportion that the
percentage of total deck area of bridges classified as in
poor condition in such qualifying State bears to the sum of
the percentages of total deck area of bridges classified as
in poor condition in all qualifying States: Provided
further, That for the bridge replacement and rehabilitation
program:
(1) no qualifying State shall receive more than
$50,000,000;
(2) each State shall receive an amount not less than
$6,000,000; and
(3) after calculating the distribution of funds pursuant to
the preceding proviso, any amount in excess of $50,000,000
shall be redistributed equally among each State that does not
meet the definition of a qualifying State:
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 calculate the
percentages of total deck area of bridges (including the
percentages of total deck area classified as in poor
condition) based on the National Bridge Inventory as of
December 31, 2018: Provided further, That the funds made
available under this heading for a bridge replacement and
rehabilitation program shall be administered as if
apportioned under
[[Page H10505]]
chapter 1 of title 23, United States Code, and shall remain
available through September 30, 2023: Provided further, That
the funds made available under this heading, in paragraph (7)
in the third proviso, shall be available for projects
eligible under section 130(a) of title 23, United States
Code, for commuter authorities, as defined in section
24102(2) of title 49, United States Code, that experienced at
least one accident investigated by the National
Transportation Safety Board between January 1, 2008 and
December 31, 2018 and for which the National Transportation
Safety Board issued an accident report: Provided further,
That the funds made available under this heading, in
paragraph (7) of the third proviso, shall be administered as
if apportioned under chapter 1 of title 23, United States
Code: 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 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:
Provided further, That amounts provided under this heading in
paragraphs (7), (8), and (9) shall remain available until
expended.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2020, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under sections 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Fixing America's Surface
Transportation Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2020, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface Transportation
Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
[[Page H10506]]
(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. Notwithstanding the original period of availability
of funds to be obligated under this section, such funds and
associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal
year in which the Secretary of Transportation is notified.
The Federal share of the cost of a project carried out with
funds made available under this section shall be the same as
associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general
geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such
authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each
quarter to the House and Senate Committees on Appropriations.
Sec. 126. The following are repealed:
(1) Section 352 of the National Highway System Designation
Act of 1995 (Public Law 104-59, 109 Stat. 568).
(2) Section 324 of the Department of Transportation and
Related Agencies Appropriations Act, 1986 (Public Law 99-190;
99 Stat. 1288).
(3) Section 325 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (Public Law 104-50;
109 Stat. 456).
Notwithstanding any other provision of law, tolls collected
for motor vehicles on any bridge connecting the boroughs of
Brooklyn, New York, and Staten Island, New York, shall be
collected for any such vehicles exiting from such bridge in
both Staten Island and Brooklyn.
Sec. 127. Section 125(d) of title 23, United States Code,
is amended by striking paragraph (4).
Sec. 128. Until final guidance is published, the
Administrator of the Federal Highway Administration shall
make determinations on Buy America waivers for those waivers
that were submitted before April 17, 2018, as if the notice
of proposed rulemaking of that date was not in effect.
Sec. 129. Section 1948 of SAFETEA-LU (Public Law 109-59;
119 Stat. 1514) is repealed.
Sec. 129A. Section 119(e)(5) of title 23, United States
Code, is amended to read as follows:
``(5) Requirement for plan.--
``(A) In general.--Notwithstanding section 120, each fiscal
year, if the Secretary determines that a State has not
developed and implemented a State asset management plan
consistent with this section, the Federal share payable on
account of any project or activity for which funds are
obligated by the State in that fiscal year under this section
shall be 65 percent.
``(B) Determination.--The Secretary shall make the
determination under subparagraph (A) for a fiscal year not
later than the day before the beginning of such fiscal
year.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Fixing America's
Surface Transportation Act, $288,000,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account),
together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which
shall remain available until expended: Provided, That funds
available for implementation, execution or administration of
motor carrier safety operations and programs authorized under
title 49, United States Code, shall not exceed total
obligations of $288,000,000 for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2020, of which
$9,073,000, to remain available for obligation until
September 30, 2022, is for the research and technology
program, 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)
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 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
[[Page H10507]]
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, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $194,000,000, of which
$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, including behavioral research on
Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls,
section 4011 of the Fixing America's Surface Transportation
Act (Public Law 114-94), and chapter 303 of title 49, United
States Code, $155,300,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That none of the
funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in
fiscal year 2020, are in excess of $155,300,000: Provided
further, That of the sums appropriated under this heading--
(1) $149,800,000 shall be for programs authorized under 23
U.S.C. 403, including behavioral research on Automated
Driving Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls, and section
4011 of the Fixing America's Surface Transportation Act
(Public Law 114-94); and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $155,300,000 obligation
limitation for operations and research, $20,000,000 shall
remain available until September 30, 2021, and shall be in
addition to the amount of any limitation imposed on
obligations for future years: Provided further, That amounts
for behavioral research on Automated Driving Systems and
Advanced Driver Assistance Systems and improving consumer
responses to safety recalls are in addition to any other
funds provided for those purposes for fiscal year 2020 in
this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402, 404, and 405, and section
4001(a)(6) of the Fixing America's Surface Transportation
Act, to remain available until expended, $623,017,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs for which the total obligations in fiscal year 2020
are in excess of $623,017,000 for programs authorized under
23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the
Fixing America's Surface Transportation Act: Provided
further, That of the sums appropriated under this heading--
(1) $279,800,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402;
(2) $285,900,000 shall be for ``National Priority Safety
Programs'' under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ``High Visibility
Enforcement Program'' under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
Provided further, That none of these funds shall be used
for construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for ``National
Priority Safety Programs'' under 23 U.S.C. 405 for ``Impaired
Driving Countermeasures'' (as described in subsection (d) of
that section) shall be available for technical assistance to
the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(8), any
amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of
any exercise of the authority granted under the previous
proviso or under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. In addition to the amounts made available under
the heading, ``Operations and Research (Liquidation of
Contract Authorization) (Limitation on Obligations) (Highway
Trust Fund)'' for carrying out the provisions of section 403
of title 23, United States Code, $17,000,000, to remain
available until September 30, 2021, shall be made available
to the National Highway Traffic Safety Administration from
the general fund: Provided, That of the sums provided under
this provision--
(1) not to exceed $7,000,000 shall be available to provide
funding for grants, pilot program activities, and innovative
solutions to reduce impaired-driving fatalities in
collaboration with eligible entities under section 403 of
title 23, United States Code; and
(2) not to exceed $10,000,000 shall be available to
continue a high visibility enforcement paid-media campaign
regarding highway-rail grade crossing safety in collaboration
with the Federal Railroad Administration.
Sec. 143. None of the funds in this Act or any other Act
shall be used to enforce the requirements of 23 U.S.C.
405(a)(9).
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $224,198,000, of
which $20,000,000 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, $200,000,000, to
remain available until expended: Provided, That the
Secretary may withhold up to one percent of the amount
provided under this heading for the costs of award and
project management oversight of grants carried out under
section 24911 of title 49, United States Code: Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity for funds provided under this heading consistent
with section 24911 of title 49, United States Code, no later
than 180 days after enactment of this Act: Provided further,
That the Secretary shall review all applications received in
response to the Notice of Funding Opportunity required in the
previous proviso: Provided further, That the Secretary shall
announce the selection of projects to receive awards for the
funds described in the previous two provisos no later than 1
year of 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,
$325,000,000, 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
22907(c)(1) of title 49, United States Code: Provided
further, That amounts available under this heading for
projects selected for commuter rail passenger transportation
may be transferred by the Secretary, after selection, to the
appropriate agencies to be administered in accordance with
chapter 53 of title 49, United States Code: Provided
further, That 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 of the sums appropriated under this heading,
$45,000,000 shall be available for projects eligible under
section 22907(c)(2) of title 49, United States Code, that
require the acquisition of rights-of-way, track, or track
structure to support the development of new intercity
passenger rail service routes: Provided further, That for
amounts available under this heading eligible recipients
under section 22907(b) of title 49, United States
[[Page H10508]]
Code, shall include any holding company of a Class II
railroad or Class III railroad (as those terms are defined in
section 20102 of title 49, United States Code): Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity that encompasses funds provided under this
heading in this Act no later than 120 days after enactment of
this Act and announce the selection of projects to receive
awards for such funds no later than 300 days after the
enactment of this Act: Provided further, That the Notice of
Funding Opportunity under the previous proviso shall require
application submissions 60 days after the publishing of such
Notice.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of
magnetic levitation transportation projects, consistent with
language in section 1307(a) through (c) of Public Law 109-59,
as amended by section 102 of Public Law 110-244 (section 322
of title 23, United States Code), $2,000,000, to remain
available until expended.
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 11101(a) of the Fixing America's Surface
Transportation Act (division A of Public Law 114-94),
$700,000,000, to remain available until expended: Provided,
That the Secretary may retain up to one-half of 1 percent of
the funds provided under both this heading and the ``National
Network Grants to the National Railroad Passenger
Corporation'' heading to fund the costs of project management
and oversight of activities authorized by section 11101(c) of
division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized
under section 11101(c) of division A of Public Law 114-94,
the Secretary may retain up to an additional $5,000,000 of
the funds provided under this heading to fund expenses
associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code:
Provided further, That of the amounts made available under
this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading, not less
than $50,000,000 shall be made available to bring Amtrak-
served facilities and stations into compliance with the
Americans with Disabilities Act: 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, State Supported Corridor, and
Long Distance 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), $1,300,000,000, 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. None of the funds provided to the National
Railroad Passenger Corporation under the headings ``Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National
Railroad Passenger Corporation'' may be used to reduce the
total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May
1, 2019.
Sec. 152. 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).
Sec. 153. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in
contravention of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $117,000,000, of which
$15,000,000 shall remain available until September 30, 2021,
and up to $1,000,000 shall be available to carry out the
provisions of section 5326 of such title: Provided, That
upon submission to the Congress of the fiscal year 2021
President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on Capital Investment
Grants, including proposed allocations for fiscal year 2021.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by
the Fixing America's Surface Transportation Act, section
20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,800,000,000,
to be derived from the Mass Transit Account of the Highway
Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b)
of the Fixing America's Surface Transportation Act, shall not
exceed total obligations of $10,150,348,462 in fiscal year
2020: Provided further, That the Federal share of the cost
of activities carried out under 49 U.S.C. section 5312 shall
not exceed 80 percent, except that if there is substantial
public interest or benefit, the Secretary may approve a
greater Federal share: Provided further, That in addition to
the amounts appropriated for purposes of 49 U.S.C. 5338(e),
not less than 2 percent of the funds appropriated or
available for the purposes of 49 U.S.C. 5338(f) shall be
available for the purposes of 49 U.S.C. 5338(e).
transit infrastructure grants
For an additional amount for buses and bus facilities
grants under section 5339 of title 49, United States Code,
low or no emission grants under section 5339(c) of such
title, formula grants to rural areas under section 5311 of
such title, high density state apportionments under section
5340(d) of such title, the demonstration and deployment of
innovative mobility solutions as authorized under section
5312 of such title, bus testing facilities under sections
5312 and 5318 of such title, and for grants to areas of
persistent poverty, $510,000,000, to remain available until
expended: Provided, That of the sums provided under this
heading--
(1) $338,000,000 shall be available for the buses and bus
facilities competitive grants as authorized under section
5339 of such title, of which $168,000,000 shall be available
for the buses and bus facilities formula grants as authorized
under section 5339(a) of such title, and $170,000,000 shall
be available for buses and bus facilities competitive grants
as authorized under section 5339(b) of such title;
(2) $75,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title: Provided, That the minimum grant award shall be not
less than $750,000;
[[Page H10509]]
(3) $40,000,000 shall be available for formula grants for
rural areas as authorized under section 5311 of such title;
(4) $40,000,000 shall be available for the high density
state apportionments as authorized under section 5340(d) of
such title;
(5) 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):
Provided, 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;
(6) $5,500,000 shall be available for the demonstration and
deployment of innovative mobility solutions as authorized
under section 5312 of such title; and
(7) $8,500,000 shall be available for competitive grants to
eligible entities to assist areas of persistent poverty:
Provided, That areas of persistent poverty means any county
that has consistently had 20 percent or more of the
population living in poverty over the 30 years preceding the
date of enactment of this Act, as measured by the 1990 and
2000 decennial census and the most recent Small Area Income
and Poverty Estimates, or any census tract with a poverty
rate of at least 20 percent as measured by the 2013-2017 5-
year data series available from the American Community Survey
of the Census Bureau: Provided further, That grants shall be
for planning, engineering, or development of technical, or
financing plans for projects eligible under chapter 53 of
title 49, United States Code: Provided further, That
eligible entities are those defined as eligible recipients or
subrecipients under sections 5307, 5310 or 5311 of title 49,
United States Code, and are in areas of persistent poverty:
Provided further, That the Federal Transit Administration
should complete outreach to such counties and the departments
of transportation within applicable States via personal
contact, webinars, web materials and other appropriate
methods determined by the Administrator: Provided further,
That State departments of transportation may apply on behalf
of eligible entities within their States: Provided further,
That the Federal Transit Administration should encourage
grantees to work with non-profits or other entities of their
choosing in order to develop planning, technical,
engineering, or financing plans: Provided further, That the
Federal Transit Administration should encourage grantees to
partner with non-profits that can assist with making projects
low or no emissions: Provided further, That projects funded
under paragraph (7) of this heading shall be for not less
than 90 percent of the net total project cost:
Provided further, That amounts made available by this
heading shall be derived from the general fund: Provided
further, That the amounts made available under this heading
shall not be subject to any limitation on obligations for
transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314,
$5,000,000, to remain available until September 30, 2021, of
which not less than $2,500,000 shall be for a cooperative
agreement through which the Federal Transit Administration
assists transit recipients with frontline workforce
development and standards based training in maintenance and
operations through an agreement with a national nonprofit
organization with a demonstrated capacity to develop and
provide such programs though labor management partnerships
and apprenticeships: Provided, That the assistance provided
under this heading does not duplicate the activities of 49
U.S.C. 5311(b) or 49 U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United
States Code, and section 3005(b) of the Fixing America's
Surface Transportation Act, $1,978,000,000, to remain
available until September 30, 2023: Provided, That of the
amounts made available under this heading, $1,681,300,000
shall be allocated by December 31, 2021: Provided further,
That of the amounts made available under this heading,
$1,458,000,000 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, $100,000,000
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: Provided further, That projects that
receive a grant agreement under the Expedited Project
Delivery for Capital Investment Grants Pilot Program under
section 3005(b) of the Fixing America's Surface
Transportation Act shall be deemed eligible for funding
provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such
section: Provided further, That such funding shall not
exceed the Federal share under section 3005(b).
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That 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. No funds in this or any other Act shall be used
to adjust apportionments or withhold funds from
apportionments pursuant to 26 U.S.C. 9503(e)(4).
Sec. 164. An eligible recipient of a grant under section
5339(c) may submit an application in partnership with other
entities, including a transit vehicle manufacturer, that
intend to participate in the implementation of a project
under section 5339(c) of title 49, United States Code, and a
project awarded with such partnership shall be treated as
satisfying the requirement for a competitive procurement
under section 5325(a) of title 49, United States Code, for
the named entity.
Sec. 165. None of the funds made available in this or any
other Act shall be used to 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 project costs as authorized under
49 U.S.C. 5309.
Sec. 166. 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.
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, $38,000,000, 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.
[[Page H10510]]
operations and training
(including transfer of funds)
For necessary expenses of operations and training
activities authorized by law, $152,589,000: Provided, That
of the sums appropriated under this heading--
(1) $80,216,000 shall remain available until September 30,
2021 for the operations of the United States Merchant Marine
Academy;
(2) $5,225,000 shall remain available until expended for
the maintenance and repair, and equipment 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) $9,775,000, shall remain available until expended for
the Short Sea Transportation Program (America's Marine
Highways) to make grants for the purposes authorized under
sections 55601(b)(1) and (3) of title 46, United States Code:
Provided further, That not later than 120 days after
enactment of this Act, the Administrator of the Maritime
Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3507 of Public
Law 110-417: Provided further, That available balances under
this heading for the Short Sea Transportation Program
(America's Marine Highways) from prior year recoveries shall
be available to carry out activities authorized under
sections 55601(b)(1) and (3) of title 46, United States Code:
Provided further, That from funds provided under paragraphs
(3) and (4) of the first proviso, the Secretary of
Transportation shall make grants no later than 180 days after
enactment of this Act in such amounts as the Secretary
determines: Provided further, That any unobligated balances
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,
$225,000,000 to remain available until expended: Provided,
That projects eligible for funding provided under this
heading shall be projects for coastal seaports, inland river
ports, or Great Lakes ports: Provided further, That of the
amounts made available under this heading, no less than
$200,000,000 shall be for coastal seaports or Great Lakes
ports: Provided further, That the Maritime Administration
shall distribute funds provided under this heading as
discretionary grants to port authorities or commissions or
their subdivisions and agents under existing authority, as
well as to a State or political subdivision of a State or
local government, a tribal government, a public agency or
publicly chartered authority established by one or more
States, a special purpose district with a transportation
function, a multistate or multijurisdictional group of
entities, or a lead entity described above jointly with a
private entity or group of private entities: Provided
further, That projects eligible for funding provided under
this heading shall be designed to improve the safety,
efficiency, or reliability of the movement of goods into, out
of, around, or within a port and located--
(1) within the boundary of a port, or
(2) outside the boundary of a port, and directly related to
port operations, or to an intermodal connection to a port:
Provided further, That project awards eligible under this
heading shall be only for--
(1) port gate improvements;
(2) road improvements both within and connecting to the
port;
(3) rail improvements both within and connecting to the
port;
(4) berth improvements (including docks, wharves, piers and
dredging incidental to the improvement project);
(5) fixed landside improvements in support of cargo
operations (such as silos, elevators, conveyors, container
terminals, Ro/Ro structures including parking garages
necessary for intermodal freight transfer, warehouses
including refrigerated facilities, lay-down areas, transit
sheds, and other such facilities);
(6) utilities necessary for safe operations (including
lighting, stormwater, and other such improvements that are
incidental to a larger infrastructure project); or
(7) a combination of activities described above:
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 grant awards less
than $10,000,000, the Secretary shall prioritize ports that
handled less than 10,000,000 short tons in 2017, as
identified by the U.S. Army Corps of Engineers: Provided
further, That for grant awards less than $10,000,000, 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.
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 $1,500,000 shall remain available until September 30,
2022: Provided, That no later than 90 days after enactment
of this Act, the Secretary of Transportation shall initiate a
rulemaking on automatic and remote-controlled shut-off valves
and hazardous liquid pipeline facilities leak detection
systems as required under section 4 and section 8 of the
Pipeline Safety, Regulatory Certainty, and Job Creation Act
of 2011 (Public Law 112-90), respectively, and shall issue a
final rule no later than one year after enactment of this
Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $61,000,000, of which $11,000,000
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, $168,000,000, to remain available until
September 30, 2022, of which $23,000,000 shall be derived
from the Oil Spill Liability Trust Fund; of which
$137,000,000 shall be derived from the Pipeline Safety Fund;
and of which $8,000,000 shall be derived from fees
[[Page H10511]]
collected under 49 U.S.C. 60302 and deposited in the
Underground Natural Gas Storage Facility Safety Account for
the purpose of carrying out 49 U.S.C. 60141: Provided, That
not less than $1,058,000 of the funds provided under this
heading shall be for the One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $28,318,000 shall
remain available until September 30, 2022, from amounts made
available by 49 U.S.C. 5116(h), and 5128(b) and (c):
Provided, That notwithstanding 49 U.S.C. 5116(h)(4), not more
than 4 percent of the amounts made available from this
account shall be available to pay administrative costs:
Provided further, That notwithstanding 49 U.S.C. 5128(b) and
(c) and the current year obligation limitation, prior year
recoveries recognized in the current year shall be available
to develop a hazardous materials response training curriculum
for emergency responders, including response activities for
the transportation of crude oil, ethanol and other flammable
liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out 49 U.S.C. 5116(a)(1)(C),
5116(h), 5116(i), and 5107(e).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $94,600,000: 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 Department shall
provide the list required in this subsection prior to the
notification required in subsection (a): Provided further,
That the requirement to provide a list in this subsection
does not apply to any ``quick release'' of funds from the
emergency relief program: Provided further, That no list
shall involve funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002, as amended
by the Improper Payments Elimination and Recovery Act of 2010
and Improper Payments Elimination and Recovery Improvement
Act of 2012, and Fraud Reduction and Data Analytics Act of
2015: Provided, That amounts in excess of that required for
paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with
the improper payment or payments is not readily available,
the Secretary may credit an appropriate account, which shall
be available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to depositing such recovery in
the Treasury, the Secretary shall notify the House and Senate
Committees on Appropriations of the amount and reasons for
such transfer: Provided further, That for purposes of this
section, the term ``improper payments'' has the same meaning
as that provided in section 2(e)(2) of Public Law 111-204.
Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of said reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date
on which the reprogramming action has been approved or denied
by the House and Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 191. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 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
[[Page H10512]]
knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 192. Section 502(b)(3) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is
amended by striking ``only during the 4-year period beginning
on the date of enactment of the Passenger Rail Reform and
Investment Act of 2015'' and inserting ``until September 30,
2020''.
Sec. 193. The Secretary of Transportation shall coordinate
with the Secretary of Homeland Security to ensure that best
practices for Industrial Control Systems Procurement are up-
to-date and shall ensure that systems procured with funds
provided under this title were procured using such practices.
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 $18,700,000 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,
$847,000,000, to remain available until September 30, 2021:
Provided, That of the sums appropriated under this heading--
(1) $227,000,000 shall be available for the Office of
Public and Indian Housing;
(2) $124,000,000 shall be available for the Office of
Community Planning and Development;
(3) $384,000,000 shall be available for the Office of
Housing, of which not less than $12,300,000 shall be for the
Office of Recapitalization;
(4) $28,000,000 shall be available for the Office of Policy
Development and Research;
(5) $75,000,000 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, and the operational expenses of the Fund: Provided,
That amounts within the Fund shall not be available to
provide services not specifically authorized under this
heading: 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,
$19,874,050,000, 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 and
Senate Committees on Appropriations: Provided further, That
public housing agencies participating in the MTW
demonstration shall be funded pursuant to their
[[Page H10513]]
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; (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;
(5) for adjustments in the allocations for public housing
agencies that (i) are leasing a lower-than-average percentage
of their authorized vouchers, (ii) have low amounts of budget
authority in their net restricted assets accounts and HUD-
held programmatic reserves, relative to other agencies, and
(iii) are not participating in the Moving to Work
demonstration, to enable such agencies to lease more
vouchers; and (6) for public housing agencies that have
experienced increased costs or loss of units in an area for
which the President declared a disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170 et seq.): Provided further, That the
Secretary shall allocate amounts under the previous proviso
based on need, as determined by the Secretary;
(2) $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 $5,000,000 may be available to provide
tenant protection assistance, not otherwise provided under
this paragraph, to residents residing in low vacancy areas
and who may have to pay rents greater than 30 percent of
household income, as the result of: (A) the maturity of a
HUD-insured, HUD-held or section 202 loan that requires the
permission of the Secretary prior to loan prepayment; (B) the
expiration of a rental assistance contract for which the
tenants are not eligible for enhanced voucher or tenant
protection assistance under existing law; or (C) the
expiration of affordability restrictions accompanying a
mortgage or preservation program administered by the
Secretary: Provided further, That such tenant protection
assistance made available under the previous proviso may be
provided under the authority of section 8(t) or section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)): Provided further, That the Secretary shall issue
guidance to implement the previous provisos, including, but
not limited to, requirements for defining eligible at-risk
households within 60 days of the enactment of this Act:
Provided further, That any tenant protection voucher made
available from amounts under this paragraph shall not be
reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the
initial family that received any such voucher no longer
receives such voucher, and the authority for any public
housing agency to issue any such voucher shall cease to
exist: Provided further, That the Secretary may provide
section 8 rental assistance from amounts made available under
this paragraph for units assisted under a project-based
subsidy contract funded under the ``Project-Based Rental
Assistance'' heading under this title where the owner has
received a Notice of Default and the units pose an imminent
health and safety risk to residents: Provided further, That
to the extent that the Secretary determines that such units
are not feasible for continued rental assistance payments or
transfer of the subsidy contract associated with such units
to another project or projects and owner or owners, any
remaining amounts associated with such units under such
contract shall be recaptured and used to reimburse amounts
used under this paragraph for rental assistance under the
preceding proviso;
(3) $1,977,000,000 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 $30,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
HUD-VASH vouchers, and other special purpose incremental
vouchers: Provided, That no less than $1,947,000,000 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) $229,050,000 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
[[Page H10514]]
housing program administered in conjunction with the
Department of Veterans Affairs as authorized under section
8(o)(19) of the United States Housing Act of 1937: Provided,
That the Secretary of Housing and Urban Development shall
make such funding available, notwithstanding section 203
(competition provision) of this title, to public housing
agencies that partner with eligible VA Medical Centers or
other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need
for such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in
consultation with the Secretary of the Department of Veterans
Affairs: Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of the
Department of Veterans Affairs), any provision of any statute
or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds
made available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available
under this paragraph shall continue to remain available for
homeless veterans upon turn-over;
(7) $25,000,000 shall be made available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided, That the assistance made available
under this subparagraph shall continue to remain available
for family unification upon turnover; and
(B) $20,000,000 shall be 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 subparagraph shall continue to remain available
for such eligible youth upon turnover: Provided further,
That of the total amount made available under this
subparagraph, 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, 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;
(8) $25,000,000 shall be made available for the mobility
demonstration authorized under section 235 of division G of
the Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f
note; Public Law 116-6; 133 Stat. 465), of which up to
$5,000,000 shall be for new incremental voucher assistance
and the remainder of which shall be available to provide
mobility-related services to families with children,
including pre- and post-move counseling and rent deposits,
and to offset the administrative costs of operating the
mobility demonstration: Provided, That incremental voucher
assistance made available under this paragraph shall be for
families with children participating in the mobility
demonstration and shall continue to remain available for
families with children upon turnover: Provided further, That
for any public housing agency administering voucher
assistance under the mobility demonstration that determines
that it no longer has an identified need for such assistance
upon turnover, such agency shall notify the Secretary, and
the Secretary shall recapture such assistance from the agency
and reallocate it to any other public housing agency or
agencies based on need for voucher assistance in connection
with such demonstration; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2020 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be rescinded:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from section 8
project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$2,869,893,812, 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 $64,650,000 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 $34,650,000 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,
$45,000,000 shall be available for competitive grants to
public housing agencies to evaluate and reduce lead-based
paint hazards and other housing-related hazards including
carbon monoxide and 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)), $4,549,000,000, to remain
[[Page H10515]]
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, $175,000,000, 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 $87,500,000 shall be awarded to public housing
agencies: Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
no more than $5,000,000 of funds made available under this
heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community:
Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the
heading ``Revitalization of Severely Distressed Public
Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal
years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall
issue the Notice of Funding Availability for funds made
available under this heading no later than 90 days after
enactment of this Act: Provided further, That the Secretary
shall make grant awards no later than one year from the date
of enactment of this Act in such amounts that the Secretary
determines: Provided further, That notwithstanding section
24(o) of the United States Housing Act of 1937 (42 U.S.C.
1437v(o)), the Secretary may, until September 30, 2023,
obligate any available unobligated balances made available
under this heading in this, or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency
Programs, to remain available until September 30, 2023,
$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
training and technical assistance, $825,000,000, 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 a grant funded pursuant to this
paragraph shall be not greater than $10,000,000: Provided
further, That up to 1 percent of this additional amount may
be transferred, in aggregate, to ``Program Offices--Public
and Indian Housing'' for necessary costs of administering and
overseeing the obligation and expenditure of this additional
amount and of additional amounts provided in prior years, to
remain available until September 30, 2025: Provided further,
That any funds transferred pursuant to the previous proviso
in prior Acts may also be used for the purposes described in
the previous proviso;
(4) $70,000,000 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
[[Page H10516]]
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 notwithstanding the provisions of the
Federal Grant and Cooperative Agreements Act of 1977 (31
U.S.C. 6301-6308), the amounts made available under this
paragraph may be used by the Secretary to enter into
cooperative agreements with public and private organizations,
agencies, institutions, and other technical assistance
providers to support the administration of negotiated
rulemaking under section 106 of NAHASDA (25 U.S.C. 4116), the
administration of the allocation formula under section 302 of
NAHASDA (25 U.S.C. 4152), and the administration of
performance tracking and reporting under section 407 of
NAHASDA (25 U.S.C. 4167): Provided further, That of the
funds made available under this paragraph, not more than
$1,000,000 shall be available to support utilization,
outreach, and capacity building with tribes and tribal
housing organizations 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 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.), $2,000,000, to remain available until September 30,
2024: Provided, That notwithstanding section 812(b) of such
Act, the Department of Hawaiian Home Lands may not invest
grant amounts provided under this heading in investment
securities and other obligations: Provided further, That
amounts made available under this heading in this and prior
fiscal years may be used to provide rental assistance to
eligible Native Hawaiian families both on and off the
Hawaiian Home Lands, notwithstanding any other provision of
law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $410,000,000, to remain
available until September 30, 2021, except that amounts
allocated pursuant to section 854(c)(5) of such Act shall
remain available until September 30, 2022: Provided, That
the Secretary shall renew all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For carrying out the community development block grant
program under title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5301 et
seq.)(``the Act'' herein), $3,425,000,000, to remain
available until September 30, 2022, unless otherwise
specified: Provided, That unless explicitly provided for
under this heading, not to exceed 20 percent of any grant
made with funds appropriated under this heading shall be
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any
portion of such funds to another such entity in exchange for
any other funds, credits or non-Federal considerations, but
must use such funds for activities eligible under title I of
the Act: Provided further, That notwithstanding section
105(e)(1) of the Act, no funds provided under this heading
may be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with
guidelines required under subsection (e)(2): Provided
further, That 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, $1,350,000,000, 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 2016, 2017, 2018, 2019, 2020, 2021, or 2022 under that
section: Provided further, That section 231(b) of such Act
(42 U.S.C. 12771(b)) shall not apply to any uninvested funds
that otherwise were deducted or would be deducted from the
line of credit in the participating jurisdiction's HOME
Investment Trust Fund in 2018, 2019, 2020, 2021, or 2022
under that section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$55,000,000, to remain available until September 30, 2022:
Provided, That of the total amount provided under this
heading, $10,000,000 shall be made available to the Self-Help
Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996,
as amended: Provided further, That of the total amount
provided under this heading, $36,000,000 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
[[Page H10517]]
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 $2,777,000,000, to
remain available until September 30, 2022: Provided further,
That not less than $290,000,000 of the funds appropriated
under this heading shall be available for such Emergency
Solutions Grants program: Provided further, That not less
than $2,350,000,000 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 $10,000,000 shall be available to
provide technical assistance on improving system responses to
youth homelessness, and collection, analysis, use, and
reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That the
Secretary may use up to 10 percent of the amount made
available under the previous proviso to build the capacity of
current technical assistance providers or to train new
technical assistance providers with verifiable prior
experience with systems and programs for youth experiencing
homelessness: Provided further, That 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
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, $12,170,000,000, 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,
$793,000,000, to remain available until September 30, 2023:
Provided, That of the amount provided under this heading, up
to $100,000,000 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
[[Page H10518]]
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, $202,000,000, 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, $53,000,000, to
remain available until September 30, 2021, including up to
$4,500,000 for administrative contract services and up to
$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 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, 2021: Provided, That
during fiscal year 2020, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $1,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the
[[Page H10519]]
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 $30,500,000, 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, $98,000,000, 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, $70,300,000, to remain
available until September 30, 2021: 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 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, $350,000 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 $50,000,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970, which
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That not less than $95,000,000 of
the amounts made available under this heading for the award
of grants pursuant to section 1011 of the Residential Lead-
Based Paint Hazard Reduction Act of 1992 shall be provided to
areas with the highest lead-based paint abatement needs:
Provided further, That $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 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 of the amount made available for the Healthy
Homes Initiative, $5,000,000 shall be for the implementation
of projects in up to 5 communities that are served by both
the Healthy Homes Initiative and the Department of Energy
weatherization programs to demonstrate whether the
coordination of Healthy Homes remediation activities with
weatherization activities achieves cost savings and better
outcomes in improving the safety and quality of homes:
Provided further, That each applicant shall certify adequate
capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a notice of funding
availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts,
still remaining available, may be used for any purpose under
this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is
undersubscribed and there are other program competitions
under this heading that are oversubscribed.
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, $128,200,000: 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(s) 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: Provided
further, That in addition to amounts under this heading
otherwise available for the purposes specified in the
previous proviso, $10,000,000 to remain available until
September 30, 2021, shall be available only for such
specified purposes.
[[Page H10520]]
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-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;
[[Page H10521]]
(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 paragraph (1) under the heading ``Native American
Programs'' 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, and only such recipients
shall be eligible to apply for funds made available under
paragraph (3) of such heading.
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--
(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;
[[Page H10522]]
(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 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. (a) Amounts recaptured from funds appropriated
for this or any succeeding fiscal year under the heading
``Department of Housing and Urban Development--Community
Planning and Development--Homeless Assistance Grants'' shall
become available until expended not later than the end of the
fifth fiscal year after the last fiscal year for which such
funds are available and shall be available, in addition to
rental assistance amounts that were recaptured and made
available until expended under such heading by any prior Act,
and in addition to such other funds as may be available for
such purposes, for the following purposes:
(1) For grants under the Continuum of Care program under
subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.);
(2) For grants under the Emergency Solutions Grant program
under subtitle B of title IV of such Act (42 U.S.C. 11371 et
seq.);
(3) Not less than 10 percent of the amounts shall be used
only for grants in rural areas under the Continuum of Care
program, to include activities eligible under the Rural
Housing Stability Assistance program under section 491 of
such Act (42 U.S.C. 11408) that are not otherwise eligible
under the Continuum of Care program; and
(4) Not less than 10 percent of the amounts shall be for
emergency solutions grants for disaster areas as authorized
by subsection (c).
(b) Prior to the use of any recaptured amounts referred to
in subsection (a), including competing, awarding, or
obligating such amounts, the Secretary shall submit a plan in
accordance with subsection (a) that specifies the planned use
of any such amounts to the Committees on Appropriations of
the House of Representatives and the Senate, and receive
prior written approval of such plan, except that use of
amounts in the plan for the purposes specified in subsection
(a)(4) may begin once such plan is submitted to such
Committees.
(c)(1) The Secretary may make grants under the Emergency
Solutions Grants program under subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et
seq.) to States or local governments to address the needs of
homeless individuals or families or individuals or families
at risk of homelessness in areas affected by a major disaster
declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or
after the date of enactment of
[[Page H10523]]
this Act, whose needs are not otherwise served or fully met
by existing Federal disaster relief programs, including the
Transitional Sheltering Assistance program under such Act (42
U.S.C. 5170b).
(2) For purposes of grants under paragraph (1), the
Secretary may suspend all consultation, citizen
participation, and matching requirements.
Sec. 232. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary of Housing and Urban
Development in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 233. None of the funds made available by this Act may
be used to establish and apply review criteria, including
rating factors or preference points, for participation in or
coordination with EnVision Centers, in the evaluation,
selection, and award of any funds made available and
requiring competitive selection under this Act, except with
respect to any such funds otherwise authorized for EnVision
Center purposes under this Act.
Sec. 234. (a) The Secretary of Housing and Urban
Development shall make available to grantees under programs
included under the Department's Consolidated Planning
Process, not later than the expiration of the 90-day period
beginning on the date of the enactment of this Act, the
prepopulated up-to-date housing and economic data and data
for both broadband and resilience assessment requirements, as
referred to in the HUD Response to the third comment under
section III.A. of the Supplementary Information included with
the final rule entitled ``Modernizing HUD's Consolidated
Planning Process To Narrow the Digital Divide and Increase
Resilience to Natural Hazards'', published by the Department
of Housing and Urban Development in the Federal Register on
Friday, December 16, 2016 (81 Fed. Reg. 91000).
(b) The Secretary of Housing and Urban Development shall
require such grantees to incorporate the broadband and
resilience components into the Consolidated Plan process not
later than the expiration of the 270-day period beginning on
the date of the enactment of this Act.
Sec. 235. 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 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. 236. 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. 237. (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. 238. 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. 239. 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.
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, $24,274,000: 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), $157,500,000, 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.
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.
[[Page H10524]]
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,
$3,800,000, to remain available until September 30, 2021.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2020, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the joint explanatory statement
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table accompanying the explanatory statement accompanying
this Act, accompanying reports of the House and Senate
Committee on Appropriations, or in the budget appendix for
the respective appropriations, whichever is more detailed,
and shall apply to all items for which a dollar amount is
specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2020 from
appropriations made available for salaries and expenses for
fiscal year 2020 in this Act, shall remain available through
September 30, 2021, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
[[Page H10525]]
Sec. 416. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 418. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(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 Federal Acquisition
Regulations.
Sec. 420. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
Sec. 421. None of the funds made available by this Act may
be used in contravention of section 5309(d)(2) of title 49,
United States Code.
Sec. 422. None of the funds made available by this
division may be used to issue rules or guidance in
contravention of section 1210 of Public Law 115-254 (132
Stat. 3442) or section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 423. None of the funds made available by this
division may be used in contravention of section 2635.702 of
title 5, Code of Federal Regulations.
Sec. 424. Of the unobligated balances of funds remaining
from--
(1) Public Law 91-605, and any other Act, appropriated to
the ``Rail Crossings Demonstration Projects'' account under
Treasury Account Fund Symbol 69X0555, a total of $517,220.20
is hereby permanently rescinded;
(2) Public Law 92-18, and any other Act, appropriated to
the ``Darien Gap Highway'' account under Treasury Account
Fund Symbol 69X0553, a total of $2,037,034.50 is hereby
permanently rescinded;
(3) Public Law 93-87, and any other Act, appropriated to
the ``Alaska Highway'' account under Treasury Account Fund
Symbol 69X0537, a total of $62,861.61 is hereby permanently
rescinded;
(4) Public Law 94-387, and any other Act, appropriated to
the ``Railroad-Highway Crossings Demonstration Projects''
account under Treasury Account Fund Symbol 69X0557, a total
of $2,035,137.12 is hereby permanently rescinded;
(5) Public Law 97-257, and any other Act, appropriated to
the ``Access Highways to Public Recreation Areas on Certain
Lakes'' account under Treasury Account Fund Symbol 69X0503, a
total of $352,333.19 is hereby permanently rescinded;
(6) Public Law 99-190, and any other Act, appropriated to
the ``Highway Beautification'' account under Treasury Account
Fund Symbol 69X0540, a total of $488,909.57 is hereby
permanently rescinded;
(7) Public Law 101-164, and any other Act, appropriated to
the ``Highway Demonstration Projects-Preliminary
Engineering'' account under Treasury Account Fund Symbol
69X0583, a total of $2,601,431.71 is hereby permanently
rescinded;
(8) Public Law 101-516, and any other Act, appropriated to
the ``Highway Demonstration Projects'' account under Treasury
Account Fund Symbol 69X0598, a total of $1,341 is hereby
permanently rescinded;
(9) Public Law 102-143, and any other Act, appropriated to
the ``Highway Studies Feasibility, Design, Environmental,
Engineering'' account under Treasury Account Fund Symbol
69X0533, a total of $262,204.01 is hereby permanently
rescinded;
(10) Public Law 103-331, and any other Act, appropriated to
the ``Surface Transportation Projects'' account under
Treasury Account Fund Symbol 69X0505, a total of $573,097.13
is hereby permanently rescinded; and
(11) Public Law 107-87, and any other Act, appropriated to
the ``Miscellaneous Highway Project'' account under Treasury
Account Fund Symbol 69X0641, a total of $11,003,637 is hereby
permanently rescinded.
Sec. 425. (a) Section 127(l)(3)(A) of title 23, United
States Code, is amended--
(1) in the matter preceding clause (i), in the first
sentence, by striking ``clause (i) or (ii)'' and inserting
``clauses (i) through (iv)''; and
(2) by adding at the end the following:
``(iii) The Wendell H. Ford (Western Kentucky) Parkway (to
be designated as a spur of Interstate Route 69) from the
interchange with the William H. Natcher Parkway in Ohio
County, Kentucky, west to the interchange of the Western
Kentucky Parkway with the Edward T. Breathitt (Pennyrile)
Parkway.
``(iv) The Edward T. Breathitt (Pennyrile) Parkway (to be
designated as a spur of Interstate Route 69) from Interstate
24, north to Interstate 69.''.
(b) Designation as High Priority Corridor.--Section 1105(c)
of the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240; 105 Stat. 2032; 131 Stat. 797) is
amended by adding at the end the following:
``(91) The Wendell H. Ford (Western Kentucky) Parkway from
the interchange with the William H. Natcher Parkway in Ohio
County, Kentucky, west to the interchange of the Western
Kentucky Parkway with the Edward T. Breathitt (Pennyrile)
Parkway.''.
(c) Designation as Future Interstate.--Section
1105(e)(5)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240; 109 Stat. 597;
131 Stat. 797) is amended in the first sentence by striking
``and subsection (c)(90)'' and inserting ``subsection
(c)(90), and subsection (c)(91)''.
(d) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240; 109 Stat. 598; 126 Stat. 426; 131 Stat.
797) is amended by adding at the end the following: ``The
route referred to in subsection (c)(91) is designated as
Interstate Route I-569.''.
(e) Exemption.--Notwithstanding section 111 of title 23,
United States Code, if the segment of highway described in
paragraph (91) of section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240;
105 Stat. 2032; 131 Stat. 797) is designated as a route on
the Interstate System, any commercial establishment operating
legally in a rest area on that segment before the date of
that designation may continue to operate in the Interstate
right-of-way, subject to the Interstate access standards
established under section 111 of that title.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2020''.
DIVISION I--EXTENSIONS
TITLE I
IMMIGRATION EXTENSIONS
Sec. 101. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) shall be applied by substituting ``September 30, 2020''
for ``September 30, 2015''.
Sec. 102. Subclauses 101(a)(27)(C)(ii)(II) and (III) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)(II) and (III)) shall be applied by
substituting ``September 30, 2020'' for ``September 30,
2015''.
Sec. 103. Section 220(c) of the Immigration and
Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182
note) shall be applied by substituting ``September 30, 2020''
for ``September 30, 2015''.
Sec. 104. Section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be
applied by substituting ``September 30, 2020'' for
``September 30, 2015''.
Sec. 105. Notwithstanding the numerical limitation set
forth in section 214(g)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of
Homeland Security, after consultation with the Secretary of
Labor, and upon the determination that the needs of American
businesses cannot be satisfied in fiscal year 2020 with
United States workers who are willing, qualified, and able to
perform temporary nonagricultural labor, may increase the
total number of aliens who may receive a visa under section
101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) in such fiscal year above such
limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker
program in any fiscal year in which returning workers were
exempt from such numerical limitation.
TITLE II
NATIONAL FLOOD INSURANCE PROGRAM EXTENSION
Sec. 201. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be
applied by
[[Page H10526]]
substituting ``September 30, 2020'' for ``September 30,
2019''.
TITLE III--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION
EXTENSION
SEC. 301. EXTENSION OF THE SECURE RURAL SCHOOLS AND COMMUNITY
SELF-DETERMINATION ACT OF 2000.
(a) Secure Payments for States and Counties Containing
Federal Land.--
(1) Secure payments.--Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111) is amended, in subsections (a) and (b), by
striking ``and 2018'' each place it appears and inserting
``2018, 2019, and 2020''.
(2) Payments to states and counties.--
(A) Election to receive payment amount.--Section 102(b) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7112(b)) is amended--
(i) in paragraph (1)(D)--
(I) in the subparagraph heading, by striking ``for fiscal
years 2017 and 2018'' and inserting ``for each of fiscal
years 2017 through 2020''; and
(II) by striking ``for fiscal years 2017 or 2018'' and
inserting ``for each of fiscal years 2017 through 2020''; and
(ii) in paragraph (2), in subparagraphs (A) and (B), by
striking ``for fiscal years 2017 and 2018'' each place it
appears and inserting ``for each of fiscal years 2017 through
2020''.
(B) Expenditure rules for eligible counties.--Section
102(d) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(d)) is amended--
(i) in paragraph (1)(F)--
(I) in the subparagraph heading, by striking ``for fiscal
years 2017 and 2018'' and inserting ``for each of fiscal
years 2017 through 2020''; and
(II) by striking ``for fiscal years 2017 and 2018'' and
inserting ``for each of fiscal years 2017 through 2020''; and
(ii) in paragraph (3)(D)--
(I) in the subparagraph heading, by striking ``for fiscal
years 2017 and 2018'' and inserting ``for each of fiscal
years 2017 through 2020''; and
(II) by striking ``for fiscal years 2017 and 2018'' and
inserting ``for each of fiscal years 2017 through 2020''.
(C) Distribution of payments to eligible counties.--Section
103(d)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended
by striking ``through and for fiscal years 2017 and 2018''
and inserting ``through 2015 and for each of fiscal years
2017 through 2020''.
(b) Extension of Authority To Conduct Special Projects on
Federal Land.--
(1) Existing advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking
``September 29, 2018'' each place it appears and inserting
``December 20, 2021''.
(2) Termination of authority.--Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7128) is amended--
(A) in subsection (a), by striking ``2020'' and inserting
``2022''; and
(B) in subsection (b), by striking ``2021'' and inserting
``2023''.
(c) Extension of Authority To Expend County Funds.--Section
304 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7144) is amended--
(1) in subsection (a), by striking ``2020'' and inserting
``2022''; and
(2) in subsection (b), by striking ``2021'' and inserting
``2023''.
TITLE IV--EXPORT-IMPORT BANK EXTENSION
SEC. 401. AUTHORIZATION PERIOD.
(a) In General.--Section 7 of the Export-Import Bank Act of
1945 (12 U.S.C. 635f) is amended by striking ``September 30,
2019'' and inserting ``December 31, 2026''.
(b) Exposure Limit.--Section 6(a)(2) of such Act (12 U.S.C.
635e(a)(2)) is amended by striking ``for each of fiscal years
2015 through 2019'' and inserting ``for each of fiscal years
2020 through 2027''.
SEC. 402. PROGRAM ON CHINA AND TRANSFORMATIONAL EXPORTS.
(a) In General.--Section 2 of the Export-Import Bank Act of
1945 (12 U.S.C. 635) is amended by adding at the end the
following:
``(l) Program on China and Transformational Exports.--
``(1) In general.--The Bank shall establish a Program on
China and Transformational Exports to support the extension
of loans, guarantees, and insurance, at rates and on terms
and other conditions, to the extent practicable, that are
fully competitive with rates, terms, and other conditions
established by the People's Republic of China or by a covered
country, that aim to--
``(A) directly neutralize export subsidies for competing
goods and services financed by official export credit, tied
aid, or blended financing provided by the People's Republic
of China or by a covered country; or
``(B) advance the comparative leadership of the United
States with respect to the People's Republic of China, or
support United States innovation, employment, and
technological standards, through direct exports in any of the
following areas:
``(i) Artificial intelligence.
``(ii) Biotechnology.
``(iii) Biomedical sciences.
``(iv) Wireless communications equipment (including 5G or
subsequent wireless technologies).
``(v) Quantum computing.
``(vi) Renewable energy, energy efficiency, and energy
storage.
``(vii) Semiconductor and semiconductor machinery
manufacturing.
``(viii) Emerging financial technologies, including
technologies that facilitate--
``(I) financial inclusion through increased access to
capital and financial services;
``(II) data security and privacy;
``(III) payments, the transfer of funds, and associated
messaging services; and
``(IV) efforts to combat money laundering and the financing
of terrorism.
``(ix) Water treatment and sanitation, including
technologies and infrastructure to reduce contaminants and
improve water quality.
``(x) High performance computing.
``(xi) Associated services necessary for use of any of the
foregoing exports.
``(2) Covered countries.--In this subsection, the term
`covered country' means any country that--
``(A) the Secretary of the Treasury designates as a covered
country in a report to the Committee on Financial Services of
the House of Representatives and the Committee on Banking,
Housing, and Urban Development of the Senate;
``(B) is not a participant in the Arrangement on Officially
Supported Export Credits of the Organization for Economic
Cooperation and Development (in this subsection referred to
as the `Arrangement'); and
``(C) is not in substantial compliance with the financial
terms and conditions of the Arrangement.
``(3) Financing.--
``(A) In general.--It shall be a goal of the Bank to
reserve not less than 20 percent of the applicable amount (as
defined in section 6(a)(2)) for support made pursuant to the
Program on China and Transformational Exports.
``(B) Exception.--The Secretary of the Treasury may reduce
or eliminate the 20 percent goal in subparagraph (A), on
reporting to the Committee on Financial Services of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate that the People's Republic of
China is in substantial compliance with--
``(i) the financial terms and conditions of the
Arrangement; and
``(ii) the rules and principles of the Paris Club.
``(C) Sunset and report.--The program established under
paragraph (1) shall expire on December 31, 2026. Not later
than 4 years after enactment of this subsection, the
President of the Bank shall submit a report to the Committee
on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate assessing the following:
``(i) The capacity and demand of United States entities to
export goods and services in the areas described in paragraph
(1)(B), as assessed in consultation with the Secretary of
Commerce.
``(ii) The availability of private-sector financing for
exports in the areas.
``(iii) The feasibility and advisability of continuing the
goal of subparagraph (A) of this paragraph with respect to
paragraph (1)(B) after December 31, 2026.
``(D) National advisory council on international monetary
and financial problems.--The National Advisory Council on
International Monetary and Financial Problems shall ensure
that Bank authorizations pursuant to the Program on China and
Transformational Exports are considered or reviewed
expeditiously, consistent with the other credit standards
required by law.''.
(b) Required Reporting.--Section 8 of such Act (12 U.S.C.
635g) is amended by adding at the end the following:
``(l) Report on Authorizations Under the Pro- Gram on China
and Transformational Exports.--The Bank shall include in its
annual report to Congress under subsection (a) a narrative
and financial summary of the authorizations made under the
Program on China and Transformational Exports.''.
(c) Rule of Construction.--Nothing in section 2(l)(1)(B) of
the Export-Import Bank Act of 1945 shall be construed to
weaken any export controls affecting critical technologies
(as defined in section 721(a)(6)(A) of the Defense Production
Act of 1950 (50 U.S.C. 4565(a)(6)(A))).
SEC. 403. SMALL BUSINESS POLICY.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(1)) is amended by striking subparagraph
(E)(i)(I) and inserting the following:
``(E)(i)(I) It is further the policy of the United States
to encourage the participation of small business (including
women-owned businesses, minority-owned businesses, veteran-
owned businesses, businesses owned by persons with
disabilities, and businesses in rural areas) and start-up
businesses in international commerce, and to educate such
businesses about how to export goods using the Bank.''.
SEC. 404. INCREASE IN SMALL BUSINESS THRESHOLD.
(a) In General.--Section 2(b)(1)(E)(v) of the Export-Import
Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by
striking ``25'' and inserting ``30''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2021.
[[Page H10527]]
SEC. 405. EXCLUSION OF UNUTILIZED INSURANCE AUTHORITY IN
CALCULATING SMALL BUSINESS THRESHOLD.
Section 2(b)(1)(E)(v) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)(1)(E)(v)) is amended by adding at the end
the following: ``For the purpose of calculating the amounts
of authority required under this clause, the Bank shall, with
respect to insurance, exclude unutilized authorizations that
terminated during the fiscal year.''.
SEC. 406. ANTI-FRAUD REFORMS.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C.
635) is amended--
(1) in subsection (f), by striking the period and
inserting: ``, and shall deny an application for assistance
if the end user, borrower, lender, or exporter has been
convicted of an act of fraud or corruption in connection with
an application for support from the Bank made in the
preceding 5 years. The Bank may proceed with an application
described in this subsection only if an end user, borrower,
lender, or exporter can be fully excluded from the
transaction.''; and
(2) in subsection (i), by striking ``should require'' and
inserting ``shall require''.
SEC. 407. FINANCING FOR RENEWABLE ENERGY, ENERGY EFFICIENCY,
AND ENERGY STORAGE TECHNOLOGIES.
Section 2(b)(1)(K) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)(1)(K)) is amended by inserting ``, energy
efficiency (including battery electric vehicles, batteries
for electric vehicles, and electric vehicle charging
infrastructure), and energy storage. It shall be a goal of
the Bank to ensure that not less than 5 percent of the
applicable amount (as defined in section 6(a)(2)) is made
available each fiscal year for the financing of renewable
energy, energy efficiency (including battery electric
vehicles, batteries for electric vehicles, and electric
vehicle charging infrastructure), and energy storage
technology exports'' before the period.
SEC. 408. REPORTING ON FINANCING RELATED TO CHINA.
(a) National Interest Report.--Before authorizing a loan or
guarantee for a transaction in an amount greater than
$25,000,000 for which the end user, lender, or obligor is the
government of China, the President of the Export-Import Bank
of the United States (in this section referred to as the
``Bank'') shall--
(1) report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate that the Bank has
consulted with the Secretary of State and any other relevant
department or agency, as deemed appropriate by the President
of the United States, to assess any risks posed by the entity
or the transaction to the national interest of the United
States; and
(2) include a summary of the transaction and the
consultation.
(b) Form of Report.--The report described in subsection (a)
shall be submitted in unclassified form but may include a
classified annex.
(c) Related Policies.--
(1) The Board of Directors of the Bank shall prescribe
policies for the Bank with respect to--
(A) procedures required by the consultation described in
subsection (a)(1);
(B) establishment of a period of not less than 25 days to
complete the consultations described in subsection (a) during
which time consulted parties may submit any appropriate
information to the Bank; and
(C) efforts by the Bank to assess and determine ownership
or control by the government of China pursuant to the
requirements of subsection (a).
(2) In prescribing the policies described under paragraph
(1) of this subsection, the Board of Directors of the Bank
shall--
(A) consult with the Secretary of State with respect to the
procedures referred to in subparagraphs (A) and (B) of
paragraph (1) of this subsection, and seek to ensure that the
procedures--
(i) are consistent, wherever appropriate, with national
interest determinations made under section 2(b)(1)(B) of the
Export-Import Bank Act of 1945; and
(ii) include coordination between the Secretary of State
and the Director of National Intelligence, wherever
appropriate; and
(B) consult with the Secretary of the Treasury with respect
to the efforts described in paragraph (1)(C) of this
subsection.
(d) Definition.--For the purposes of this section, the term
``government of China'' means any person that the Bank has
reason to believe is--
(1) the state and the government of China, as well as any
political subdivision, agency, or instrumentality thereof;
(2) any entity controlled, directly or indirectly, by any
of the foregoing, including any partnership, association, or
other entity in which any of the foregoing owns a 50 percent
or greater interest or a controlling interest, and any entity
which is otherwise controlled by any of the foregoing;
(3) any person that is or has been acting or purporting to
act, directly or indirectly, for or on behalf of any of the
foregoing; and
(4) any other person which the Secretary of the Treasury
has notified the Bank is included in any of the foregoing.
(e) Sunset.--This section shall have no force or effect on
the earlier of---
(1) December 31, 2026; or
(2) the date that is 30 days after the date that the
President of the United States reports to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate that China is in substantial compliance with--
(A) the financial terms and conditions of the Arrangement
on Officially Supported Export Credits of the Organization
for Economic Cooperation and Development; and
(B) the rules and principles of the Paris Club.
SEC. 409. ALTERNATIVE PROCEDURES DURING QUORUM LAPSE.
(a) In General.--Section 3(c)(6) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635a(c)(6)) is amended--
(1) by inserting ``(A)'' after ``(6)''; and
(2) by adding at the end the following:
``(B)(i) If there is an insufficient number of directors to
constitute a quorum under subparagraph (A) for 120
consecutive days during the term of a President of the United
States, a temporary Board, consisting of the following
members, shall act in the stead of the Board of Directors:
``(I) The United States Trade Representative.
``(II) The Secretary of the Treasury.
``(III) The Secretary of Commerce.
``(IV) The members of the Board of Directors.
``(ii) If, at a meeting of the temporary Board--
``(I) a member referred to in clause (i)(IV) is present,
the meeting shall be chaired by such a member, consistent
with Bank bylaws; or
``(II) no such member is present, the meeting shall be
chaired by the United States Trade Representative.
``(iii) A member described in subclause (I), (II), or (III)
of clause (i) may delegate the authority of the member to
vote on whether to authorize a transaction, whose value does
not exceed $100,000,000, to--
``(I) if the member is the United States Trade
Representative, the Deputy United States Trade
Representative; or
``(II) if the member is referred to in such subclause (II)
or (III), the Deputy Secretary of the department referred to
in the subclause.
``(iv) If the temporary Board consists of members of only
one political party, the President of the United States
shall, to the extent practicable, appoint to the temporary
Board a qualified member of a different political party who
occupies a position requiring nomination by the President, by
and with the consent of the Senate.
``(v) The temporary board may not change or amend Bank
policies, procedures, bylaws, or guidelines.
``(vi) The temporary Board shall expire at the end of the
term of the President of the United States in office at the
time the temporary Board was constituted or upon restoration
of a quorum of the Board of Directors as defined in
subparagraph (A).
``(vii) With respect to a transaction that equals or
exceeds $100,000,000, the Chairperson of the temporary Board
shall ensure that the Bank complies with section 2(b)(3).''.
(b) Termination.--The amendments made by subsection (a)
shall have no force or effect after December 31, 2026.
TITLE V--TERRORISM RISK INSURANCE PROGRAM EXTENSION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Terrorism Risk Insurance
Program Reauthorization Act of 2019''.
SEC. 502. 7-YEAR EXTENSION OF TERRORISM RISK INSURANCE
PROGRAM.
(a) Termination Date.--Section 108(a) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by
striking ``2020'' and inserting ``2027''.
(b) Timing of Mandatory Recoupment.--Section
103(e)(7)(E)(i) of the Terrorism Risk Insurance Act of 2002
(15 U.S.C. 6701 note) is amended--
(1) in subclause (I)--
(A) by striking ``2017'' and inserting ``2022''; and
(B) by striking ``2019'' and inserting ``2024'';
(2) in subclause (II)--
(A) by striking ``2018'' and inserting ``2023'';
(B) by striking ``2024'' and inserting ``2029''; and
(C) by striking ``2019'' and inserting ``2024''; and
(3) in subclause (III)--
(A) by striking ``2024'' and inserting ``2029''; and
(B) by striking ``2019'' and inserting ``2024''.
(c) Ongoing Reports Regarding Market Conditions for
Terrorism Risk Insurance.--Paragraph (2) of section 104(h) of
the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701
note) is amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) an evaluation of the availability and affordability
of terrorism risk insurance, which shall include an analysis
of such availability and affordability specifically for
places of worship;''.
(d) Study and Report on Cyber Terrorism.--Not later than
the expiration of the 180-day period beginning on the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study and report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate, which shall--
[[Page H10528]]
(1) analyze and address--
(A) overall vulnerabilities and potential costs of cyber
attacks to the United States public and private
infrastructure that could result in physical or digital
damage;
(B) whether State-defined cyber liability under a property
and casualty line of insurance is adequate coverage for an
act of cyber terrorism;
(C) whether such risks can be adequately priced by the
private market; and
(D) whether the current risk-share system under the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is
appropriate for a cyber terrorism event; and
(2) set forth recommendations on how Congress could amend
the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701
note) to meet the next generation of cyber threats.
TITLE VI--NASA ENHANCED USE LEASING EXTENSION
SEC. 601. SHORT TITLE.
This title may be cited as the ``NASA Enhanced Use Leasing
Extension Act of 2019''.
SEC. 602. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF NON-
EXCESS PROPERTY OF THE NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION.
Section 20145(g) of title 51, United States Code, is
amended, in the first sentence, by striking ``December 31,
2019'' and inserting ``December 31, 2021''.
TITLE VII--INKSNA EXTENSION
SEC. 701. EXEMPTION FROM THE IRAN, NORTH KOREA, AND SYRIA
NONPROLIFERATION ACT.
Section 7(1) of the Iran, North Korea, and Syria
Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701
note) is amended, in the undesignated matter following
subparagraph (B), by striking ``December 31, 2020'' and
inserting ``December 31, 2025''.
TITLE VIII--BRAND USA EXTENSION
SEC. 801. SHORT TITLE.
This title may be cited as the ``Brand USA Extension Act''.
SEC. 802. THE CORPORATION FOR TRAVEL PROMOTION.
Subsection (b) of the Travel Promotion Act of 2009 (22
U.S.C. 2131(b)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (ii), by inserting ``or foodservice'' after
``restaurant'';
(B) in clause (v), by inserting ``, such as outdoor
recreation'' before the semicolon at the end; and
(C) in clause (viii), by inserting ``commercial or
private'' before ``passenger air sector'';
(2) in paragraph (5)(A)--
(A) in clause (iii), by inserting ``speaking conventions,
sales missions,'' after ``trade shows,'';
(B) in clause (iv), by striking ``and'' at the end;
(C) in clause (v), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(vi) to promote tourism to the United States through
digital media, online platforms, and other appropriate
medium.''; and
(3) in paragraph (7)(C), by striking ``3 days'' and
inserting ``5 days''.
SEC. 803. ACCOUNTABILITY MEASURES.
Subsection (c) of the Travel Promotion Act of 2009 (22
U.S.C. 2131(c)) is amended--
(1) in paragraph (2), by striking ``$500,000'' and
inserting ``$450,000''; and
(2) in paragraph (3)--
(A) by redesignating subparagraph (I) as subparagraph (K);
(B) in subparagraph (H)(iii), by striking ``and'' at the
end; and
(C) by inserting after subparagraph (H)(iii) the following:
``(I) a list of countries the Corporation identifies as
emerging markets for tourism to the United States;
``(J) a description of the efforts the Corporation has made
to promote tourism to rural areas of the United States;
and''.
SEC. 804. EXTENSION OF FUNDING FOR BRAND USA.
Subsection (d) of the Travel Promotion Act of 2009 (22
U.S.C. 2131(d)) is amended--
(1) in paragraph (2)(B), by striking ``2020'' and inserting
``2027'';
(2) in paragraph (3)(B)(ii), by striking ``70 percent'' and
inserting ``50 percent''; and
(3) in paragraph (4)(B), by striking ``2020'' and inserting
``2027''.
SEC. 805. PERFORMANCE PLAN.
Not later than 90 days after the date of the enactment of
this Act, the Corporation for Travel Promotion shall make the
performance metrics established pursuant to subsection
(f)(1)(A) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(f)(1)(A)) publicly available on the website of the
Corporation.
SEC. 806. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION FEE
INCREASE.
Section 217(h)(3)(B)(i)(I) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) is amended by
striking ``$10'' and inserting ``$17''.
TITLE IX--DC OPPORTUNITY SCHOLARSHIP EXTENSIONS
SEC. 901. SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS.
(a) Section 3014(a) of the Scholarships for Opportunity and
Results Act (sec. 38-1853.14, D.C. Official Code) is amended
by striking ``through fiscal year 2019'' and inserting
``through fiscal year 2023''.
(b) The amendment made by subsection (a) shall take effect
on September 30, 2019.
TITLE X--BUDGETARY EFFECTS
SEC. 1001. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of
this division and each succeeding 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 and each succeeding 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 and each
succeeding 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.
DIVISION J--FOREIGN POLICY
TITLE I--VENEZUELA ASSISTANCE
SEC. 101. SHORT TITLES.
This title may be cited as the ``Venezuela Emergency
Relief, Democracy Assistance, and Development Act of 2019''
or the ``VERDAD Act of 2019''.
Subtitle A--Support for the Interim President of Venezuela and
Recognition of the Venezuelan National Assembly
SEC. 111. FINDINGS; SENSE OF CONGRESS IN SUPPORT OF THE
INTERIM PRESIDENT OF VENEZUELA.
(a) Findings.--Congress makes the following findings:
(1) Venezuela's electoral event on May 20, 2018 was
characterized by widespread fraud and did not comply with
international standards for a free, fair, and transparent
electoral process.
(2) Given the fraudulent nature of Venezuela's May 20, 2018
electoral event, Nicolas Maduro's tenure as President of
Venezuela ended on January 10, 2019.
(3) The National Assembly of Venezuela approved a
resolution on January 15, 2019 that terminated Nicolas
Maduro's authority as the President of Venezuela.
(4) On January 23, 2019, the President of the National
Assembly of Venezuela was sworn in as the Interim President
of Venezuela.
(b) Sense of Congress.--It is the sense of Congress--
(1) to support the decisions by the United States
Government, more than 50 governments around the world, the
Organization of American States, the Inter-American
Development Bank, and the European Parliament to recognize
National Assembly President Juan Guaido as the Interim
President of Venezuela;
(2) to encourage the Interim President of Venezuela to
advance efforts to hold democratic presidential elections in
the shortest possible period; and
(3) that the Organization of American States, with support
from the United States Government and partner governments,
should provide diplomatic, technical, and financial support
for a new presidential election in Venezuela that complies
with international standards for a free, fair, and
transparent electoral process.
SEC. 112. RECOGNITION OF VENEZUELA'S DEMOCRATICALLY ELECTED
NATIONAL ASSEMBLY.
(a) Findings.--Congress finds that Venezuela's unicameral
National Assembly convened on January 6, 2016, following
democratic elections that were held on December 6, 2015.
(b) Sense of Congress.--It is the sense of Congress that
Venezuela's democratically elected National Assembly is the
only national level democratic institution remaining in the
country.
(c) Policy.--It is the policy of the United States to
recognize the democratically elected National Assembly of
Venezuela as the only legitimate national legislative body in
Venezuela.
(d) Assistance to Venezuela's National Assembly.--The
Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, shall
prioritize efforts to provide technical assistance to support
the democratically elected National Assembly of Venezuela in
accordance with section 143.
SEC. 113. ADVANCING A NEGOTIATED SOLUTION TO VENEZUELA'S
CRISIS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) direct, credible negotiations led by the Interim
President of Venezuela and members of Venezuela's
democratically elected National Assembly--
(A) are supported by stakeholders in the international
community that have recognized the Interim President of
Venezuela;
(B) include the input and interests of Venezuelan civil
society; and
(C) represent the best opportunity to reach a solution to
the Venezuelan crisis that includes--
(i) holding a new presidential election that complies with
international standards for a free, fair, and transparent
electoral process;
(ii) ending Nicolas Maduro's usurpation of presidential
authorities;
(iii) restoring democracy and the rule of law;
(iv) freeing political prisoners; and
[[Page H10529]]
(v) facilitating the delivery of humanitarian aid;
(2) dialogue between the Maduro regime and representatives
of the political opposition that commenced in October 2017,
and were supported by the Governments of Mexico, of Chile, of
Bolivia, and of Nicaragua, did not result in an agreement
because the Maduro regime failed to credibly participate in
the process; and
(3) negotiations between the Maduro regime and
representatives of the political opposition that commenced in
October 2016, and were supported by the Vatican, did not
result in an agreement because the Maduro regime failed to
credibly participate in the process.
(b) Policy.--It is the policy of the United States to
support diplomatic engagement in order to advance a
negotiated and peaceful solution to Venezuela's political,
economic, and humanitarian crisis that is described in
subsection (a)(1).
Subtitle B--Humanitarian Relief for Venezuela
SEC. 121. HUMANITARIAN RELIEF FOR THE VENEZUELAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should expand efforts to
peacefully address Venezuela's humanitarian crisis; and
(2) humanitarian assistance--
(A) should be targeted toward those most in need and
delivered through partners that uphold internationally
recognized humanitarian principles; and
(B) should not be passed through the control or
distribution mechanisms of the Maduro regime.
(b) Humanitarian Relief.--
(1) In general.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development, shall provide--
(A) humanitarian assistance to individuals and communities
in Venezuela, including--
(i) public health commodities and services, including
medicines and basic medical supplies and equipment;
(ii) basic food commodities and nutritional supplements
needed to address growing malnutrition and improve food
security for the people of Venezuela, with a specific
emphasis on the most vulnerable populations; and
(iii) technical assistance to ensure that health and food
commodities are appropriately selected, procured, targeted,
and distributed; and
(B) Venezuelans and hosting communities, as appropriate, in
neighboring countries with humanitarian aid, such as--
(i) urgently needed health and nutritional assistance,
including logistical and technical assistance to hospitals
and health centers in affected communities;
(ii) food assistance for vulnerable individuals, including
assistance to improve food security for affected communities;
and
(iii) hygiene supplies and sanitation services.
(2) Aid to venezuelans in neighboring countries.--The aid
described in paragraph (1)(B)--
(A) may be provided--
(i) directly to Venezuelans in neighboring countries,
including countries of the Caribbean; or
(ii) indirectly through the communities in which the
Venezuelans reside; and
(B) should focus on the most vulnerable Venezuelans in
neighboring countries.
(c) Humanitarian Assistance Strategy Update.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall submit, to the appropriate congressional
committees, an update to the Venezuela humanitarian
assistance strategy described in the conference report
accompanying the Consolidated Appropriations Act (Public Law
116-6), to cover a 2-year period and include--
(1) a description of the United States humanitarian
assistance provided under this section;
(2) a description of United States diplomatic efforts to
ensure support from international donors, including regional
partners in Latin America and the Caribbean, for the
provision of humanitarian assistance to the people of
Venezuela;
(3) the identification of governments that are willing to
provide financial and technical assistance for the provision
of such humanitarian assistance to the people of Venezuela
and a description of such assistance; and
(4) the identification of the financial and technical
assistance to be provided by multilateral institutions,
including the United Nations humanitarian agencies, the Pan
American Health Organization, the Inter-American Development
Bank, and the World Bank, and a description of such
assistance.
(d) Diplomatic Engagement.--The Secretary of State, in
consultation with the Administrator of the United States
Agency for International Development, shall work with
relevant foreign governments and multilateral organizations
to coordinate a donors summit and carry out diplomatic
engagement to advance the strategy required under subsection
(c).
(e) Authorization of Appropriations.--There is authorized
to be appropriated $400,000,000 for fiscal year 2020 to carry
out the activities set forth in subsection (b).
(f) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 122. SUPPORT FOR EFFORTS AT THE UNITED NATIONS ON THE
HUMANITARIAN CRISIS IN VENEZUELA.
(a) Sense of Congress.--It is the sense of Congress that
the United Nations humanitarian agencies should conduct and
publish independent assessments of the humanitarian situation
in Venezuela, including--
(1) the extent and impact of the shortages of food,
medicine, and medical supplies in Venezuela;
(2) basic health indicators in Venezuela, such as maternal
and child mortality rates and the prevalence and treatment of
communicable diseases; and
(3) the efforts needed to resolve the shortages identified
in paragraph (1) and to improve the health indicators
referred to in paragraph (2).
(b) United Nations Resident Coordinator.--The President
should instruct the Permanent Representative to the United
Nations to use the voice, vote, and influence of the United
States at the United Nations to support the efforts of the
Resident Coordinator for Venezuela in a manner that--
(1) contributes to Venezuela's long-term recovery; and
(2) advances humanitarian efforts in Venezuela and for
Venezuelans residing in neighboring countries.
SEC. 123. COORDINATION AND DISTRIBUTION OF HUMANITARIAN
ASSISTANCE TO THE PEOPLE OF VENEZUELA.
(a) Short Title.--This section may be cited as the
``Humanitarian Assistance to the Venezuelan People Act of
2019''.
(b) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
(c) Report on the Coordination and Distribution of
Humanitarian Assistance to the People of Venezuela Including
Strategy on Future Efforts.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, shall submit a report
to the appropriate congressional committees that evaluates
the delivery and coordination of humanitarian assistance to
the people of Venezuela since the onset of the humanitarian
crisis, whether residing in Venezuela or elsewhere in the
Western Hemisphere.
(2) Matters to be included.--The report required under
paragraph (1) shall--
(A) identify how United States Agency for International
Development and Department of State best practices are being
utilized in providing humanitarian assistance to Venezuela
and countries in the region, including a description of
coordination efforts with United States embassies and USAID
missions throughout the region;
(B) describe the current and anticipated challenges to
distributing humanitarian assistance in Venezuela and
countries hosting Venezuelan migrants;
(C) describe the coordination of United States assistance
with foreign donors; and
(D) describe how the distribution of humanitarian
assistance is being monitored and evaluated, including--
(i) the number of beneficiaries receiving such assistance;
(ii) an assessment of how humanitarian and development
assistance is benefitting Venezuelan migrants inside and
outside of the country; and
(iii) what additional staff may be necessary to manage such
assistance.
Subtitle C--Addressing Regime Cohesion
SEC. 131. CLASSIFIED BRIEFING ON DECLINING COHESION INSIDE
THE VENEZUELAN MILITARY AND THE MADURO REGIME.
(a) Reporting Requirement.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
State, acting through the Bureau of Intelligence and
Research, and in coordination with the Director of National
Intelligence, shall provide a briefing to the appropriate
congressional committees that assesses the declining cohesion
inside the Venezuelan military and security forces and the
Maduro regime.
(b) Additional Elements.--The briefing required under
subsection (a) shall--
(1) identify senior members of the Venezuelan military and
the Maduro regime, including generals, admirals, cabinet
ministers, deputy cabinet ministers, and the heads of
intelligence agencies, whose loyalty to Nicolas Maduro is
declining;
(2) describe the factors that would accelerate the decision
making of individuals identified in paragraph (1)--
(A) to break with the Maduro regime; and
(B) to recognize the Interim President of Venezuela and his
government; and
[[Page H10530]]
(3) assess and detail the massive number of desertions and
defections that have occurred at the officer and enlisted
levels inside the Venezuelan military and security forces.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 132. ADDITIONAL RESTRICTIONS ON VISAS.
(a) In General.--The Secretary of State shall impose the
visa restrictions described in subsection (c) on any foreign
person who the Secretary determines--
(1) is a current or former senior official of the Maduro
regime, or any foreign person acting on behalf of such
regime, who is knowingly responsible for, complicit in,
responsible for ordering, controlling, or otherwise
directing, or participating in (directly or indirectly) any
activity in or in relation to Venezuela, on or after January
23, 2019, that significantly undermines or threatens the
integrity of--
(A) the democratically-elected National Assembly of
Venezuela; or
(B) the President of such National Assembly, while serving
as Interim President of Venezuela, or the senior government
officials under the supervision of such President;
(2) is the spouse or adult child of a foreign person
described in paragraph (1); or
(3) is the spouse or adult child of Venezuelan person
sanctioned under--
(A) section 5(a) of the Venezuela Defense of Human Rights
and Civil Society Act of 2014 (Public Law 113-278), as
amended by section 163 of this title;
(B) section 804(b) of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1903(b)); or
(C) Executive Orders 13692 (50 U.S.C. 1701 note) and 13850.
(b) Removal From Visa Revocation List.--Pursuant to such
procedures as the Secretary of State may establish to
implement this section--
(1) if any person described in subsection (a)(1) recognizes
and pledges support for the Interim President of Venezuela or
a subsequent democratically elected government of Venezuela,
that person and any family members of that person who were
subject to visa restrictions pursuant to subsection (a)(2)
shall no longer be subject to such visa restrictions; and
(2) if any person described in subparagraphs (A) through
(C) of subsection (a)(3) recognizes and pledges support for
the Interim President of Venezuela or a subsequent
democratically elected government of Venezuela, any family
members of that person who were subject to visa restrictions
pursuant to subsection (a)(3) shall no longer be subject to
such visa restrictions.
(c) Visa Restrictions Described.--
(1) Visas, admission, or parole.--An alien described in
subsection (a) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other documentation to
enter the United States; and
(C) otherwise ineligible to be admitted or paroled into the
United States or to receive any benefit under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Current visas revoked.--
(A) In general.--An alien described in subsection (a) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(B) Immediate effect.--A revocation under subparagraph (A)
shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(3) Exceptions.--Sanctions under paragraphs (1) and (2)
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the
United States.
(d) Rulemaking.--The President shall issue such
regulations, licenses, and orders as may be necessary to
carry out this section.
SEC. 133. WAIVER FOR SANCTIONED OFFICIALS THAT RECOGNIZE THE
INTERIM PRESIDENT OF VENEZUELA.
(a) Removal of Sanctions.--If a person sanctioned under any
of the provisions of law described in subsection (b)
recognizes and pledges supports for the Interim President of
Venezuela or a subsequent democratically elected government,
the person shall no longer be subject to such sanctions,
pursuant to such procedures as the Secretary of State and the
Secretary of the Treasury may establish to implement this
section.
(b) Sanctions Described.--The sanctions described in this
subsection are set forth in the following provisions of law:
(1)(A) Paragraphs (3) and (4) of section 5(a) of the
Venezuela Defense of Human Rights and Civil Society Act of
2014 (Public Law 113-278), as amended by section 163 of this
title.
(B) Paragraph (5) of section 5(a) of such Act, to the
extent such paragraph relates to the sanctions described in
paragraph (3) or (4) of such subsection.
(2)(A) Clauses (1) and (4) of section 1(a)(ii)(A) of
Executive Order 13692 (50 U.S.C. 1701 note).
(B) Subparagraph (D)(2) of section 1(a)(ii) of such
Executive Order, to the extent such subparagraph relates to
the provisions of law cited in subparagraph (A).
(3)(A) Section 1(a)(ii) of Executive Order 13850.
(B) Paragraph (iii) of section 1(a) of such Executive
Order, to the extent such paragraph relates to the provision
of law cited in subparagraph (A).
(c) Rulemaking.--The President shall issue such
regulations, licenses, and orders as may be necessary to
carry out this section.
Subtitle D--Restoring Democracy and Addressing the Political Crisis in
Venezuela
SEC. 141. SUPPORT FOR THE ORGANIZATION OF AMERICAN STATES AND
THE LIMA GROUP.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of State should--
(1) take additional steps to support ongoing efforts by the
Secretary General of the Organization of American States to
promote diplomatic initiatives to foster the restoration of
democracy and the rule of law in Venezuela;
(2) conduct diplomatic engagement in support of efforts by
the Lima Group to restore democracy and the rule of law in
Venezuela and facilitate the delivery of humanitarian
assistance for the Venezuelan people; and
(3) engage with the International Contact Group on
Venezuela to advance a peaceful and democratic solution to
the current crisis.
(b) Defined Terms.--In this section:
(1) International contact group on venezuela.--The
``International Contact Group on Venezuela'' refers to a
diplomatic bloc--
(A) whose members include the European Union, France,
Germany, Italy, Spain, Portugal, Sweden, the Netherlands, the
United Kingdom, Ecuador, Costa Rica, and Uruguay; and
(B) which was established to advance a peaceful and
democratic solution to the current crisis in Venezuela.
(2) Lima group.--The ``Lima Group'' refers to a diplomatic
bloc--
(A) whose members include Argentina, Brazil, Canada, Chile,
Colombia, Costa Rica, Guatemala, Guyana, Honduras, Panama,
Paraguay, Peru, and Saint Lucia; and
(B) which was established to address the political,
economic, and humanitarian crises in Venezuela.
SEC. 142. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of State should conduct robust diplomatic
engagement in support of efforts in Venezuela, and on the
part of the international community, to ensure accountability
for possible crimes against humanity and serious violations
of human rights.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to Congress that--
(1) evaluates the degree to which the Maduro regime and its
officials, including members of the Venezuelan security
forces, have engaged in actions that constitute possible
crimes against humanity and serious violations of human
rights; and
(2) provides options for holding accountable the
perpetrators identified under paragraph (1).
SEC. 143. SUPPORT FOR INTERNATIONAL ELECTION OBSERVATION AND
DEMOCRATIC CIVIL SOCIETY.
(a) In General.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development--
(1) shall work with the Organization of American States to
ensure credible international observation of future elections
in Venezuela that contributes to free, fair, and transparent
democratic electoral processes; and
(2) shall work with nongovernmental organizations--
(A) to strengthen democratic governance and institutions,
including the democratically elected National Assembly of
Venezuela;
(B) to defend internationally recognized human rights for
the people of Venezuela, including support for efforts to
document crimes against humanity and violations of human
rights;
(C) to support the efforts of independent media outlets to
broadcast, distribute, and share information beyond the
limited channels made available by the Maduro regime; and
(D) to combat corruption and improve the transparency and
accountability of institutions that are part of the Maduro
regime.
(b) Engagement at the Organization of American States.--The
Secretary of State, acting through the United States
Permanent Representative to the Organization of American
States, should advocate and build diplomatic support for
sending an election observation mission to Venezuela to
ensure that democratic electoral processes are organized and
carried out in a free, fair, and transparent manner.
(c) Briefing Requirement.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
State, in coordination with the Administrator of the United
[[Page H10531]]
States Agency for International Development, shall provide a
briefing on the strategy to carry out the activities
described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of State for fiscal year 2020, $17,500,000 to
carry out the activities set forth in subsection (a).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346(c)) and from the Development
Assistance Fund under section 653(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2413(a)), to the extent
that such funds are expended.
Subtitle E--Supporting the Reconstruction of Venezuela
SEC. 151. RECOVERING ASSETS STOLEN FROM THE VENEZUELAN
PEOPLE.
(a) Recovering Assets.--The President, acting through the
Secretary of State and in consultation with the Secretary of
the Treasury, shall advance a coordinated international
effort--
(1) to work with foreign governments--
(A) to share financial investigations intelligence, as
appropriate;
(B) to block the assets identified pursuant to paragraph
(2); and
(C) to provide technical assistance to help governments
establish the necessary legal framework to carry out asset
forfeitures; and
(2) to carry out special financial investigations to
identify and track assets taken from the people and
institutions of Venezuela through theft, corruption, money
laundering, or other illicit means.
(b) Strategy Requirement.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Secretary of State and in consultation with the Secretary of
the Treasury, shall submit a strategy for carrying out the
activities described in subsection (a) to Congress.
(2) Additional elements.--The strategy required under
paragraph (1) shall--
(A) assess whether the United States or another member of
the international community should establish a managed fund
to hold the assets identified pursuant to subsection (a)(2)
that could be returned to a future democratic government in
Venezuela; and
(B) include such recommendations as the President and the
Secretary of State consider appropriate for legislative or
administrative action in the United States that would be
needed to establish and manage the fund described in
subparagraph (A).
Subtitle F--Restoring the Rule of Law in Venezuela
SEC. 161. DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS
STRATEGY WITH PARTNERS IN THE WESTERN
HEMISPHERE AND THE EUROPEAN UNION.
(a) Strengthening Sanctions Capacity in Latin America and
the Caribbean.--The Secretary of State, in consultation with
the Secretary of the Treasury, shall offer to provide
technical assistance to partner governments in Latin America
and the Caribbean to assist such governments in establishing
the legislative and regulatory frameworks needed to impose
targeted sanctions on officials of the Maduro regime who--
(1) are responsible for human rights abuses;
(2) have engaged in public corruption; or
(3) are undermining democratic institutions and processes
in Venezuela.
(b) Coordinating International Sanctions.--The Secretary of
State, in consultation with the Secretary of the Treasury,
shall engage in diplomatic efforts with partner governments,
including the Government of Canada, governments in the
European Union, and governments in Latin America and the
Caribbean, to impose targeted sanctions on the Maduro regime
officials described in subsection (a).
(c) Strategy Requirement.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
a strategy for carrying out the activities described in
subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State for fiscal year 2020, $3,000,000 to
carry out the activities set forth in subsection (a).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346(c)) and the International
Narcotics and Law Enforcement Fund under section 489 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h) to the
extent that such funds are expended.
SEC. 162. CLASSIFIED BRIEFING ON THE INVOLVEMENT OF
VENEZUELAN OFFICIALS IN CORRUPTION AND ILLICIT
NARCOTICS TRAFFICKING.
(a) Briefing Requirement.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State,
acting through the Bureau of Intelligence and Research, and
in coordination with the Director of National Intelligence,
shall provide a classified briefing to the appropriate
congressional committees on the involvement of senior
officials of the Maduro regime, including members of the
National Electoral Council, the judicial system, and the
Venezuelan security forces, in illicit narcotics trafficking
and significant acts of public corruption in Venezuela.
(b) Additional Elements.--The briefing provided under
subsection (a) shall--
(1) describe how the significant acts of public corruption
pose challenges for United States national security and
impact the rule of law and democratic governance in countries
of the Western Hemisphere;
(2) identify individuals for whom there is credible
information that they frustrated the ability of the United
States to combat illicit narcotics trafficking;
(3) include an assessment of the relationship between
individuals identified under subsection (a) and Nicolas
Maduro or members of his cabinet; and
(4) include input from the Drug Enforcement Administration,
the Office of Foreign Assets Control, and the Financial
Crimes Enforcement Network.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
SEC. 163. CONCERNS OVER PDVSA TRANSACTIONS WITH ROSNEFT.
(a) Findings.--Congress makes the following findings:
(1) In late 2016, Venezuelan state-owned oil company
Petroleos de Venezuela, S.A. (referred to in this section as
``PDVSA''), through a no compete transaction, secured a loan
from Russian government-controlled oil company Rosneft, using
49.9 percent of PDVSA's American subsidiary, CITGO Petroleum
Corporation, including its assets in the United States, as
collateral. As a result of this transaction, 100 percent of
CITGO is held as collateral by PDVSA's creditors.
(2) CITGO, a wholly owned subsidiary of PDVSA, is engaged
in interstate commerce and owns and controls critical energy
infrastructure in 19 States of the United States, including
an extensive network of pipelines, 48 terminals, and 3
refineries, with a combined oil refining capacity of 749,000
barrels per day. CITGO's refinery in Lake Charles, Louisiana,
is the sixth largest refinery in the United States.
(3) The Department of the Treasury imposed sanctions on
Rosneft, which is controlled by the Government of the Russian
Federation, and its Executive Chairman, Igor Sechin,
following Russia's military invasion of Ukraine and its
illegal annexation of Crimea in 2014.
(4) The Department of Homeland Security has designated the
energy sector as critical to United States infrastructure.
(5) The growing economic crisis in Venezuela raises the
probability that the Maduro regime and PDVSA will default on
their international debt obligations, resulting in a scenario
in which Rosneft could come into control of CITGO's United
States energy infrastructure holdings.
(b) Sense of Congress.--It is the sense of Congress that--
(1) control of critical United States energy infrastructure
by Rosneft, a Russian government-controlled entity currently
under United States sanctions that is led by Igor Sechin, who
is also under United States sanctions and is a close
associate of Vladimir Putin, would pose a significant risk to
United States national security and energy security; and
(2) a default by PDVSA on its loan from Rosneft, resulting
in Rosneft coming into possession of PDVSA's United States
CITGO assets, would warrant careful consideration by the
Committee on Foreign Investment in the United States.
(c) Preventing Rosneft From Controlling United States
Energy Infrastructure.--The President shall take all
necessary steps to prevent Rosneft from gaining control of
critical United States energy infrastructure.
(d) Security Risk Report.--Not later than 90 days after the
date of the enactment of this Act, the President shall submit
a report assessing the national security risks posed by
potential Russian acquisition and control of CITGO's United
States energy infrastructure holdings to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
[[Page H10532]]
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Homeland Security of the House of
Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
SEC. 164. CLASSIFIED BRIEFING ON ACTIVITIES OF CERTAIN
FOREIGN GOVERNMENTS AND ACTORS IN VENEZUELA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, acting
through the Bureau of Intelligence and Research of the
Department of State, and in coordination with the Director of
National Intelligence, shall provide a classified briefing to
the appropriate congressional committees on--
(1) the full extent of cooperation by the Government of the
Russian Federation, the Government of the People's Republic
of China, the Government of Cuba, and the Government of Iran
with the Maduro regime; and
(2) the activities inside Venezuelan territory of foreign
armed groups, including Colombian criminal organizations and
defectors from the Colombian guerilla group known as the
Revolutionary Armed Forces of Colombia, and foreign terrorist
organizations, including the Colombian guerilla group known
as the National Liberation Army (ELN).
(b) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 165. COUNTERING RUSSIAN INFLUENCE IN VENEZUELA.
(a) Short Title.--This section may be cited as the
``Russian-Venezuelan Threat Mitigation Act''.
(b) Threat Assessment and Strategy to Counter Russian
Influence in Venezuela.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) Threat assessment.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional
committees regarding--
(A) an assessment of Russian-Venezuelan security
cooperation;
(B) the potential threat such cooperation poses to the
United States and countries in the Western Hemisphere; and
(C) a strategy to counter threats identified in
subparagraphs (A) and (B).
(c) Aliens Ineligible for Visas, Admission, or Parole.--
(1) Aliens described.--An alien described in this paragraph
is an alien who the Secretary of State or the Secretary of
Homeland Security (or a designee of either Secretary) knows,
or has reason to believe, is acting or has acted on behalf of
the Government of Russia in direct support of the security
forces of the Maduro regime.
(2) Visas, admission, or parole.--An alien described in
paragraph (1) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other documentation to
enter the United States; and
(C) otherwise ineligible to be admitted or paroled into the
United States or to receive any benefit under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(3) Current visas revoked.--
(A) In general.--An alien described in paragraph (1) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(B) Immediate effect.--A revocation under subparagraph (A)
shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(4) Exceptions.--Sanctions under paragraphs (2) and (3)
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the
United States.
(5) National security.--The President may waive the
application of this subsection with respect to an alien if
the President--
(A) determines that such a waiver is in the national
interest of the United States; and
(B) submits a notice of, and justification for, such waiver
to the appropriate congressional committees.
(6) Sunset.--This subsection shall terminate on the date
that is 1 year after the date of the enactment of this Act.
SEC. 166. RESTRICTION ON EXPORT OF COVERED ARTICLES AND
SERVICES TO CERTAIN SECURITY FORCES OF
VENEZUELA.
(a) Short Title.--This section may be cited as the
``Venezuela Arms Restriction Act''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Financial Services of the House of
Representatives.
(2) Covered article or service.--The term ``covered article
or service''--
(A) for purposes of subsection (c), means--
(i) a defense article or defense service (as such terms are
defined in section 47 of the Arms Export Control Act (22
U.S.C. 2794)); and
(ii) any article included on the Commerce Control List set
forth in Supplement No. 1 to part 774 of the Export
Administration Regulations under subchapter C of chapter VII
of title 15, Code of Federal Regulations, and controlled for
crime control purposes, if the end user is likely to use the
article to violate the human rights of the citizens of
Venezuela; and
(B) for purposes of subsection (d), means--
(i) any defense article or defense service of the type
described in section 47 of the Arms Export Control Act (22
U.S.C. 2794); and
(ii) any article of the type included on the Commerce
Control List set forth in Supplement No. 1 to part 774 of the
Export Administration Regulations and controlled for crime
control purposes.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Person.--The term ``person'' means an individual or
entity.
(5) Security forces of venezuela.--The term ``security
forces of Venezuela'' includes--
(A) the Bolivarian National Armed Forces, including the
Bolivarian National Guard;
(B) the Bolivarian National Intelligence Service;
(C) the Bolivarian National Police; and
(D) the Bureau for Scientific, Criminal and Forensic
Investigations of the Ministry of Interior, Justice, and
Peace.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
(c) Restriction on Export of Covered Articles and Services
to Certain Security Forces of Venezuela.--
(1) In general.--Notwithstanding any other provision of
law, covered articles or services may not be exported from
the United States to any element of the security forces of
the Maduro regime.
(2) Determination.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce and the heads of
other departments and agencies, as appropriate, shall--
(A) determine, using such information that is available to
the Secretary of State, whether any covered article or
service has been transferred since July 2017 to the security
forces of Venezuela without a license or other authorization
as required by law; and
(B) submit such determination in writing to the appropriate
congressional committees.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce, as appropriate,
shall submit a report to the appropriate congressional
committees regarding the transfer by foreign persons of
covered articles or services to elements of the security
forces of Venezuela that are under the authority of the
Maduro regime.
(2) Matters to be included.--The report required under
paragraph (1) shall include--
(A) a list of all significant transfers by foreign persons
of covered articles or services to such elements of the
security forces of Venezuela since July 2017;
(B) a list of all foreign persons who maintain an existing
defense relationship with such elements of the security
forces of Venezuela; and
(C) any known use of covered articles or services by such
elements of the security forces of Venezuela or associated
forces, including paramilitary groups, that have coordinated
with such security forces to assault, intimidate, or murder
political activists, protesters, dissidents, and other civil
society leaders, including Juan Guaido.
(e) Sunset.--This section shall terminate on the earlier
of--
(1) the date that is 3 years after the date of the
enactment of this Act; or
(2) the date on which the President certifies to the
appropriate congressional committees that the Government of
Venezuela has returned to a democratic form of government
with respect for the essential elements of representative
democracy as set forth in Article 3 of the Inter-American
Democratic Charter, adopted by the Organization of American
States in Lima on September 11, 2001.
[[Page H10533]]
Subtitle G--Cryptocurrency and Ensuring the Effectiveness of United
States Sanctions
SEC. 171. BRIEFING ON THE IMPACT OF CRYPTOCURRENCIES ON
UNITED STATES SANCTIONS.
(a) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Financial Services of the House of
Representatives.
(b) Methodology.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Secretary of the Treasury, after consultation with the
Chairman of the Securities and Exchange Commission and the
Chairman of the Commodity Futures Trading Commission, shall
develop a methodology to assess how any digital currency,
digital coin, or digital token, that was issued by, for, or
on behalf of the Maduro regime is being utilized to
circumvent or undermine United States sanctions.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Secretary of the Treasury shall brief the appropriate
congressional committees on the methodology developed under
subsection (b).
Subtitle H--Miscellaneous Provisions
SEC. 181. CONGRESSIONAL BRIEFINGS.
(a) Humanitarian Assistance; Sanctions Coordination.--
(1) In general.--Not later than 15 days after any of the
congressional committees listed in paragraph (2) requests a
briefing regarding the implementation--
(A) of section 121, the Secretary of State and the
Administrator of the United States Agency for International
Development shall provide such briefing to such committee;
and
(B) of section 161, the Secretary of State shall provide
such briefing to such committee.
(2) Congressional committees.--The committees listed in
this paragraph are--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(b) United Nations; Negotiated Solution; Crimes Against
Humanity.--
(1) In general.--Not later than 15 days after any
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 113, 122, or
142, the Secretary of State shall provide such briefing to
such committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(c) Regime Cohesion.--
(1) In general.--Not later than 15 days after a
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 131, the
Secretary of State and the Director of National Intelligence
shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Permanent Select Committee on Intelligence of the
House of Representatives.
(d) International Election Observation; Democratic Civil
Society.--Not later than 15 days after a congressional
committee listed in subsection (a)(2) requests a briefing
regarding the implementation of section 143, the Secretary of
State and the Administrator of the United States Agency for
International Development shall provide such briefing to such
committee.
(e) Visa Restrictions; Sanctions Waiver.--Not later than 15
days after a congressional committee listed in subsection
(b)(2) requests a briefing regarding the implementation of
section 132 or 133, the Secretary of State shall provide such
briefing to such committee.
(f) Recovery of Stolen Assets.--
(1) In general.--Not later than 15 days after a
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 151, the
Secretary of State, the Secretary of the Treasury, and the
Attorney General shall provide such briefing to such
committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Financial Services of the House of
Representatives; and
(F) the Committee on the Judiciary of the House of
Representatives.
(g) PDVSA Transactions With Rosneft.--
(1) In general.--Not later than 15 days after a
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 163, the
Secretary of State, the Secretary of the Treasury, and the
Secretary of Homeland Security shall provide such briefing to
such committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Homeland Security of the House of
Representatives.
SEC. 182. PROHIBITION ON CONSTRUCTION OF PROVISIONS OF THIS
TITLE AS AN AUTHORIZATION FOR THE USE OF
MILITARY FORCE.
Nothing in this title may be construed as an authorization
for the use of military force.
SEC. 183. EXTENSION AND TERMINATION OF SANCTIONS AGAINST
VENEZUELA.
(a) Amendment.--Section 5(e) of the Venezuela Defense of
Human Rights and Civil Society Act of 2014 (Public Law 113-
278; 50 U.S.C. 1701 note) is amended by striking ``December
31, 2019'' and inserting ``December 31, 2023''.
(b) Termination.--The requirement to impose sanctions under
this title shall terminate on December 31, 2023.
TITLE II--EASTERN MEDITERRANEAN SECURITY AND ENERGY PARTNERSHIP
SEC. 201. SHORT TITLE.
This title may be cited as the ``Eastern Mediterranean
Security and Energy Partnership Act of 2019''.
SEC. 202. FINDINGS.
Congress makes the following findings:
(1) The security of partners and allies in the Eastern
Mediterranean region is critical to the security of the
United States and Europe.
(2) Greece is a valuable member of the North Atlantic
Treaty Organization (NATO) and a key pillar of stability in
the Eastern Mediterranean.
(3) Israel is a steadfast ally of the United States and has
been designated a ``major non-NATO ally'' and ``major
strategic partner''.
(4) Cyprus is a key strategic partner and signed a
Statement of Intent with the United States on November 6,
2018, to enhance bilateral security cooperation.
(5) The countries of Greece, Cyprus, and Israel have
participated in critical trilateral summits to improve
cooperation on energy and security issues.
(6) Secretary of State Mike Pompeo participated in the
trilateral summit among Israel, Greece, and Cyprus on March
20, 2019.
(7) The United States, Israel, Greece, and Cyprus oppose
any action in the Eastern Mediterranean and the Aegean Sea
that could challenge stability, violate international law, or
undermine good neighborly relations, and in a joint
declaration on March 21, 2019, agreed to ``defend against
external malign influences in the Eastern Mediterranean and
the broader Middle East''.
(8) The recent discovery of what may be the region's
largest natural gas field off the Egyptian coast and the
newest discoveries of natural gas off the coast of Cyprus
could represent a significant and positive development for
the Eastern Mediterranean and the Middle East, enhancing the
region's strategic energy significance.
(9) It is in the national security interest of the United
States to promote, achieve, and maintain energy security
among, and through cooperation with, allies.
(10) Natural gas developments in the Eastern Mediterranean
have the potential to provide economic gains and contribute
to energy security in the region and Europe, as well as
support European efforts to diversify away from natural gas
supplied by the Russian Federation.
(11) The soon to be completed Trans Adriatic Pipeline is a
critical component of the Southern Gas Corridor and the
European Union's efforts to diversify energy resources.
(12) The proposed Eastern Mediterranean pipeline, if
commercially viable, would provide for energy diversification
in accordance with the European Union's third energy package
of reforms.
(13) The United States acknowledges the achievements and
importance of the Binational Industrial Research and
Development Foundation (BIRD) and the United States-Israel
Binational Science Foundation (BSF) and supports continued
multiyear funding to ensure the continuity of the programs of
the Foundations.
(14) The United States has welcomed Greece's allocation of
2 percent of its gross domestic product (GDP) to defense in
accordance with commitments made at the 2014 NATO Summit in
Wales.
(15) Energy exploration in the Eastern Mediterranean region
must be safeguarded against threats posed by terrorist and
extremist groups, including Hezbollah and any other actor in
the region.
(16) The energy exploration in the Republic of Cyprus's
Exclusive Economic Zone and territorial waters--
(A) furthers United States interests by providing a
potential alternative to Russian gas for United States allies
and partners; and
(B) should not be impeded by other sovereign states.
[[Page H10534]]
(17) The United States Government cooperates closely with
Cyprus, Greece, and Israel through information sharing
agreements.
(18) United States officials have assisted the Government
of the Republic of Cyprus with crafting that nation's
national security strategy.
(19) The United States Government provides training to
Cypriot officials in areas such as cybersecurity,
counterterrorism, and explosive ordnance disposal and
stockpile management.
(20) Israel, Greece, and Cyprus are valued members of the
Proliferation Security Initiative to combat the trafficking
of weapons of mass destruction.
(21) The Republic of Cyprus continues to work closely with
the United Nations and regional partners in Europe to combat
terrorism and violent extremism.
(22) Despite robust economic and security relations with
the United States, the Republic of Cyprus has been subject to
a United States prohibition on the export of defense articles
and services since 1987.
(23) The 1987 arms prohibition was designed to restrict
United States arms sales and transfers to the Republic of
Cyprus and the occupied part of Cyprus to avoid hindering
reunification efforts.
(24) At least 40,000 Turkish troops are stationed in the
occupied part of Cyprus with some weapons procured from the
United States through mainland Turkey.
(25) While the United States has, as a matter of policy,
avoided the provision of defense articles and services to the
Republic of Cyprus, the Government of Cyprus has, in the
past, sought to obtain defense articles from other countries,
including countries, such as Russia, that pose challenges to
United States interests around the world.
SEC. 203. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to continue to actively participate in the trilateral
dialogue on energy, maritime security, cybersecurity and
protection of critical infrastructure conducted among Israel,
Greece, and Cyprus;
(2) to support diplomatic efforts with partners and allies
to deepen energy security cooperation among Greece, Cyprus,
and Israel and to encourage the private sector to make
investments in energy infrastructure in the Eastern
Mediterranean region;
(3) to strongly support the completion of the Trans
Adriatic and Eastern Mediterranean Pipelines and the
establishment of liquified natural gas (LNG) terminals across
the Eastern Mediterranean as a means of diversifying regional
energy needs away from the Russian Federation;
(4) to maintain a robust United States naval presence and
investments in the naval facility at Souda Bay, Greece and
develop deeper security cooperation with Greece to include
the recent MQ-9 deployments to the Larissa Air Force Base and
United States Army helicopter training in central Greece;
(5) to welcome Greece's commitment to move forward with the
Interconnector Greece-Bulgaria (IGB pipeline) and additional
LNG terminals that will help facilitate delivery of non-
Russian gas to the Balkans and central Europe;
(6) to support deepened security cooperation with the
Republic of Cyprus through the removal of the arms embargo on
the country;
(7) to support robust International Military Education and
Training (IMET) programming with Greece and the Republic of
Cyprus;
(8) to leverage relationships within the European Union to
encourage investments in Cypriot border and maritime
security;
(9) to support efforts to counter Russian Federation
interference and influence in the Eastern Mediterranean
through increased security cooperation with Greece, Cyprus,
and Israel, to include intelligence sharing, cyber, and
maritime domain awareness;
(10) to support the Republic of Cyprus' efforts to regulate
its banking industry to ensure that it is not used as a
source of international money laundering and encourage
additional measures toward that end;
(11) to strongly oppose any actions that would trigger
mandatory sanctions pursuant to section 231 of the Countering
America's Adversaries Through Sanctions Act (CAATSA) (Public
Law 115-44), to include the purchase of military equipment
from the Russian Federation;
(12) to continue robust official strategic engagement with
Israel, Greece, and Cyprus;
(13) to urge countries in the region to deny port services
to Russian Federation vessels deployed to support the
government of Bashar Al-Assad in Syria;
(14) to support joint military exercises among Israel,
Greece, and Cyprus;
(15) to fully implement relevant CAATSA provisions to
prevent interference by the Russian Federation in the region;
(16) to support efforts by countries in the region to
demobilize military equipment supplied by the Russian
Federation in favor of equipment provided by NATO and NATO-
allied member countries; and
(17) to strongly support the active and robust
participation of Israel, Cyprus, and Greece in the Combating
Terrorism Fellowship Program.
SEC. 204. UNITED STATES-EASTERN MEDITERRANEAN ENERGY
COOPERATION.
(a) In General.--The Secretary of State, in coordination
with the Secretary of Energy, may enter into cooperative
agreements supporting and enhancing dialogue and planning
involving international partnerships between the United
States and Israel, Greece, and the Republic of Cyprus.
(b) Annual Reports.--If the Secretary of State, in
coordination with the Secretary of Energy, enters into
agreements authorized under subsection (a), the Secretary
shall submit an annual report to the appropriate
congressional committees that describes--
(1) actions taken to implement such agreements; and
(2) any projects undertaken pursuant to such agreements.
(c) United States-Eastern Mediterranean Energy Center.--The
Secretary of Energy, in coordination with the Secretary of
State, may establish a joint United States-Eastern
Mediterranean Energy Center in the United States leveraging
the experience, knowledge, and expertise of institutions of
higher education and entities in the private sector, among
others, in offshore energy development to further dialogue
and collaboration to develop more robust academic cooperation
in energy innovation technology and engineering, water
science, technology transfer, and analysis of emerging
geopolitical implications, which include opportunities as
well as crises and threats from foreign natural resource and
energy acquisitions.
SEC. 205. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON
THE UNITED STATES MUNITIONS LIST TO THE
REPUBLIC OF CYPRUS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) allowing for the export, re-export or transfer of arms
subject to the United States Munitions List (part 121 of
title 22, Code of Federal Regulations) to the Republic of
Cyprus would advance United States security interests in
Europe by helping to reduce the dependence of the Government
of the Republic of Cyprus on other countries, including
countries that pose challenges to United States interests
around the world, for defense-related materiel; and
(2) it is in the interest of the United States to continue
to support United Nations-facilitated efforts toward a
comprehensive solution to the division of Cyprus.
(b) Modification of Prohibition.--Section 620C(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is
amended--
(1) in paragraph (1), by striking ``Any agreement'' and
inserting ``Except as provided in paragraph (3), any
agreement''; and
(2) by adding at the end the following new paragraph:
``(3) The requirement under paragraph (1) shall not apply
to any sale or other provision of any defense article or
defense service to Cyprus if the end-user of such defense
article or defense service is the Government of the Republic
of Cyprus.''.
(c) Exclusion of the Government of the Republic of Cyprus
From Certain Related Regulations.--
(1) In general.--Subject to subsection (d) and except as
provided in paragraph (2), beginning on the date of the
enactment of this Act, the Secretary of State shall not apply
a policy of denial for exports, re-exports, or transfers of
defense articles and defense services destined for or
originating in the Republic of Cyprus if--
(A) the request is made by or on behalf of the Government
of the Republic of Cyprus; and
(B) the end-user of such defense articles or defense
services is the Government of the Republic of Cyprus.
(2) Exception.--This exclusion shall not apply to any
denial based upon credible human rights concerns.
(d) Limitations on the Transfer of Articles on the United
States Munitions List to the Republic of Cyprus.--
(1) In general.--The policy of denial for exports, re-
exports, or transfers of defense articles on the United
States Munitions List to the Republic of Cyprus shall remain
in place unless the President determines and certifies to the
appropriate congressional committees not less than annually
that--
(A) the Government of the Republic of Cyprus is continuing
to cooperate with the United States Government in efforts to
implement reforms on anti-money laundering regulations and
financial regulatory oversight; and
(B) the Government of the Republic of Cyprus has made and
is continuing to take the steps necessary to deny Russian
military vessels access to ports for refueling and servicing.
(2) Waiver.--The President may waive the limitations
contained in this subsection for one fiscal year if the
President determines that it is essential to the national
security interests of the United States to do so.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 206. IMET COOPERATION WITH GREECE AND THE REPUBLIC OF
CYPRUS.
There is authorized to be appropriated $1,300,000 for
fiscal year 2020, $1,500,000 for fiscal year 2021, and
$1,800,000 for fiscal year 2022 for International Military
Education and Training (IMET) assistance for Greece and
$200,000 for fiscal year 2020, $500,000 for fiscal year 2021,
and $750,000 for fiscal year 2022 for such assistance for the
Republic of Cyprus. The assistance shall be made available
for the following purposes:
[[Page H10535]]
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States
military and the country's military to build alliances for
the future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education.
(6) Enabling countries to use their national funds to
receive a reduced cost for other Department of Defense
education and training.
SEC. 207. FOREIGN MILITARY FINANCING.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2021 up to $3,000,000 for
Foreign Military Financing (FMF) assistance for Greece to
assist the country in meeting its commitment as a member of
the North Atlantic Treaty Organization (NATO) to dedicate 20
percent of its defense budget to enhance research and
development.
(b) Sense of Congress.--It is the sense of Congress that
Greece should receive robust support under the European
Recapitalization Incentive Program implemented by the
Department of Defense.
SEC. 208. STRATEGY ON UNITED STATES SECURITY AND ENERGY
COOPERATION IN THE EASTERN MEDITERRANEAN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the Secretary
of Energy, shall submit to the appropriate congressional
committees a strategy on enhanced security and energy
cooperation with countries in the Eastern Mediterranean
region, including Israel, the Republic of Cyprus, and Greece.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A description of United States participation in and
support for the Eastern Mediterranean Natural Gas Forum.
(2) An evaluation of all possible delivery mechanisms into
Europe for natural gas discoveries in the Eastern
Mediterranean region.
(3) An evaluation of efforts to protect energy exploration
infrastructure in the region, including infrastructure owned
or operated by United States companies.
(4) An assessment of the capacity of the Republic of Cyprus
to host an Energy Crisis Center in the region which could
provide basing facilities in support of search and rescue
efforts in the event of an accident.
(5) An assessment of the timing of potential natural gas
delivery in the region as well as an assessment of the
ultimate destination countries for the natural gas delivery
from the region.
(6) A plan to work with United States businesses seeking to
invest in Eastern Mediterranean energy exploration,
development, and cooperation.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 209. REPORT ON RUSSIAN FEDERATION MALIGN INFLUENCE IN
THE EASTERN MEDITERRANEAN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
on Russian Federation malign influence in the Republic of
Cyprus, Greece, and Israel since January 1, 2017.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) An assessment of security, political, and energy goals
of the Russian Federation in the Eastern Mediterranean.
(2) A description of energy projects of the Government of
the Russian Federation in the Eastern Mediterranean.
(3) A listing of Russian national ownership of media
outlets in these countries, including the name of the media
outlet, approximate viewership, and assessment of whether the
outlet promotes pro-Kremlin views.
(4) An assessment of military engagement by the Government
of the Russian Federation in the security sector, including
engagement by military equipment and personnel contractors.
(5) An assessment of efforts supported by the Government of
the Russian Federation to influence elections in the three
countries, through the use of cyber attacks, social media
campaigns, or other malign influence techniques.
(6) An assessment of efforts by the Government of the
Russian Federation to intimidate and influence the decision
by His All Holiness Ecumenical Patriarch Bartholomew, leader
of 300,000,000 Orthodox Christians worldwide, to grant
autocephaly to the Ukrainian Orthodox Church.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 210. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE
EXCLUSIVE ECONOMIC ZONE OF THE REPUBLIC OF
CYPRUS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the Secretary
of Energy, shall submit to the appropriate congressional
committees a report listing incidents since January 1, 2017,
determined by the Secretary of State to interfere in efforts
by the Republic of Cyprus to explore and exploit natural
resources in its Exclusive Economic Zone.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 211. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE
AIRSPACE OF GREECE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to
the appropriate congressional committees a report listing
incidents since January 1, 2017, determined by the Secretary
of State to be violations of the airspace of the sovereign
territory of Greece by its neighbors.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 212. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this title, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
TITLE III--END NEGLECTED TROPICAL DISEASES ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``End Neglected Tropical
Diseases Act''.
SEC. 302. STATEMENT OF POLICY.
It is the policy of the United States to support a broad
range of implementation and research and development
activities that work toward the achievement of cost-effective
and sustainable treatment, control, and, where possible,
elimination of neglected tropical diseases for the economic
and social well-being of all people.
SEC. 303. DEFINITION.
In this title, the terms ``neglected tropical diseases''
and ``NTDs''--
(1) mean infections caused by pathogens, including viruses,
bacteria, protozoa, and helminths that disproportionately
impact individuals living in extreme poverty, especially in
developing countries; and
(2) include--
(A) Buruli ulcer (Mycobacterium Ulcerans infection);
(B) Chagas disease;
(C) dengue or severe dengue fever;
(D) dracunculiasis (Guinea worm disease);
(E) echinococcosis;
(F) foodborne trematodiases;
(G) human African trypanosomiasis (sleeping sickness);
(H) leishmaniasis;
(I) leprosy;
(J) lymphatic filariasis (elephantiasis);
(K) onchocerciasis (river blindness);
(L) scabies;
(M) schistosomiasis;
(N) soil-transmitted helminthiases (STH) (roundworm,
whipworm, and hookworm);
(O) taeniasis/cysticercosis;
(P) trachoma; and
(Q) yaws (endemic treponematoses).
SEC. 304. EXPANSION OF UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT NEGLECTED TROPICAL DISEASES
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
the Neglected Tropical Diseases Program, as in effect on the
date of the enactment of this Act, should--
(1) provide integrated drug treatment packages to as many
individuals suffering from NTDs or at risk of acquiring NTDs,
including individuals displaced by manmade and natural
disasters, as logistically feasible;
(2) better integrate NTD control and treatment tools and
approaches into complementary development and global health
programs by coordinating, to the extent practicable and
appropriate, across multiple sectors, including those
relating to HIV/AIDS, malaria, tuberculosis, education,
nutrition, other infectious diseases, maternal and child
health, and water, sanitation, and hygiene;
(3) establish low-cost, high-impact community- and school-
based NTD programs to reach large at-risk populations,
including school-age children, with integrated drug treatment
packages, as feasible;
(4) as opportunities emerge and resources allow, engage in
research and development of new tools and approaches to reach
the goals relating to the elimination of NTDs as set forth by
the 2012 World Health Organization publication ``Accelerating
Work to Overcome the Global Impact of Neglected Tropical
Diseases: A Roadmap for Implementation'', including for
Chagas disease, Guinea worm, human African trypanosomiasis
(sleeping sickness), leprosy, and visceral leishmaniasis; and
(5) monitor research on and developments in the prevention
and treatment of other NTDs so breakthroughs can be
incorporated into the Neglected Tropical Diseases Program, as
practicable and appropriate.
(b) Program Priorities.--The Administrator of the United
States Agency for International Development (referred to in
this section as the ``Administrator'') should incorporate the
following priorities into the Neglected Tropical Diseases
Program (as in effect on the date of the enactment of this
Act):
(1) Planning for and conducting robust monitoring and
evaluation of program investments in order to accurately
measure impact, identify and share lessons learned, and
inform future NTD control and elimination strategies.
(2) Coordinating program activities with complementary
development and global health programs of the United States
Agency for International Development, including programs
relating to water, sanitation, and
[[Page H10536]]
hygiene, food and nutrition security, and education (both
primary and secondary), in order to advance the goals of the
London Declaration on Neglected Tropical Diseases (2012).
(3) Including morbidity management in treatment plans for
high-burden NTDs.
(4) Incorporating NTDs included in the Global Burden of
Disease Study 2010 into the program as opportunities emerge,
to the extent practicable and appropriate.
(5) Continuing investments in the research and development
of new tools and approaches that complement existing research
investments and ensure that new discoveries make it through
the pipeline and become available to individuals who need
them most.
SEC. 305. ACTIONS BY DEPARTMENT OF STATE.
(a) Office of the Global AIDS Coordinator.--It is the sense
of Congress that the Coordinator of United States Government
Activities to Combat HIV/AIDS Globally should fully consider
evolving research on the impact of NTDs on efforts to control
HIV/AIDS when making future programming decisions, as
necessary and appropriate.
(b) Global Programming.--
(1) In general.--The Secretary of State should encourage
the Global Fund to take into consideration evolving research
on the impact of NTDs on efforts to control HIV/AIDS when
making programming decisions, particularly with regard to
female genital schistosomiasis, which studies suggest may be
one of the most significant cofactors in the AIDS epidemic in
Africa, as necessary and appropriate.
(2) Global fund.--In this subsection, the term ``Global
Fund'' means the public-private partnership known as the
Global Fund to Fight AIDS, Tuberculosis and Malaria
established pursuant to Article 80 of the Swiss Civil Code.
(c) G-20 Countries.--The Secretary of State, acting through
the Office of Global Health Diplomacy, should encourage G-20
countries to significantly increase their role in the control
and elimination of NTDs.
SEC. 306. MULTILATERAL DEVELOPMENT AND HEALTH INSTITUTIONS.
(a) Finding.--Congress finds that the treatment of NTDs,
including community- and school-based deworming programs, can
be a highly cost-effective intervention, and schools can
serve as an effective delivery mechanism for reaching large
numbers of children with safe treatment for soil-transmitted
helminthiases (roundworm, whipworm, and hookworm) in
particular.
(b) United Nations.--The President should direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States to urge
the World Health Organization and the United Nations
Development Programme to--
(1) ensure the dissemination of best practices and
programming on NTDs to governments and make data accessible
to practitioners in an open and timely fashion;
(2) highlight impacts of community- and school-based
deworming programs on children's health and education,
emphasizing the cost-effectiveness of such programs;
(3) encourage governments to implement deworming campaigns
at the national level;
(4) consider the designation of a portion of grant funds of
the institutions to deworming initiatives and cross-sectoral
collaboration with water, sanitation, and hygiene efforts and
nutrition or education programming, as practicable and
appropriate;
(5) encourage accurate monitoring and evaluation of NTD
programs, including deworming programs; and
(6) engage governments in cross-border initiatives for the
treatment, control, prevention, and elimination of NTDs, and
assist in developing transnational agreements, when and where
necessary.
SEC. 307. RULE OF CONSTRUCTION.
Nothing in this title may be construed to increase
authorizations of appropriations for the United States Agency
for International Development.
TITLE IV--PREVENTING CHILD MARRIAGE IN DISPLACED POPULATIONS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Preventing Child Marriage
in Displaced Populations Act''.
SEC. 402. FINDINGS.
Congress finds the following:
(1) According to United Nations Children's Fund (UNICEF),
12,000,000 girls marry before the age of 18 every year.
(2) Early marriage denies children, especially girls, their
right to make vital decisions about their well-being,
including relating to their health, family, and career. Child
brides are less likely to finish their education, and are at
higher risk for abuse, contracting HIV, and dying while
pregnant or giving birth.
(3) Child marriage also imposes substantial economic costs
to developing countries, impeding development and prosperity
gains.
(4) Displaced populations are particularly vulnerable to
child marriage, in communities where poverty, instability,
and displacement put pressure on families to marry children,
particularly young girls, off at a young age.
(5) One United Nations (UN) study found that child marriage
rates were 4 times higher among displaced Syrian refugees
than among Syrians before the crisis. This indicates that
displacement, instability, and poverty are driving child
marriages.
(6) United Nations agencies, including UNICEF and the
United Nations High Commissioner for Refugees (UNHCR), have
acknowledged the dangers of child marriage and taken steps to
address its risk in the populations they serve.
(7) The UN Joint Program on Child Marriage supports this
work by building the resilience of populations to indirectly
prevent child marriage and by generating new data and
evidence on the prevalence of child marriage in humanitarian
and fragile settings. For example, in Uganda, the UN Joint
Program on Child Marriage helped 27,000 adolescent girls
strengthen critical skills through school clubs and Go Back
to School campaigns, as well as life skills and financial
literacy training.
(8) After the UN Joint Program on Child Marriage identified
Yemen as one of its focus countries, 65,000 people, of whom
45,000 are adolescents, were reached with awareness-raising
activities on the harms of child marriage in 2018 alone. As a
result, local council representatives, elders, and community
leaders from 6 districts signed a pledge to support advocacy
efforts to end child marriage.
SEC. 403. PREVENTING CHILD MARRIAGE IN DISPLACED POPULATIONS.
(a) In General.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States at the
United Nations to call for an adoption of an agreed upon
definition of ``child marriage'' across United Nations
agencies.
(b) Strategy.--The President shall direct the United States
Permanent Representative to the United Nations to use the
voice, vote, and influence of the United States at the United
Nations to call for the development of a comprehensive
strategy to address child marriage in refugee settlements
administered by the United Nations. The strategy should
include the following elements:
(1) A mandate to regularly collect and report data related
to the number of known or suspected child marriages taking
place inside each such settlement.
(2) Protocols for United Nations personnel regarding
prevention and monitoring of child marriages inside each such
settlement.
(3) A description of United Nations programs administered
at such settlements that include--
(A) physical, mental, and emotional rehabilitation and
support to children who have extricated themselves from child
marriage; and
(B) alternatives to child marriage, such as education
initiatives.
(4) Protocols regarding how United Nations personnel
should--
(A) report adults participating in illegal child marriages
in each such settlement; and
(B) monitor the prosecution of such adults by the
authorities of the country in which the settlement at issue
is located.
(c) Research.--The President shall direct the United States
Permanent Representative to the United Nations to use the
voice, vote, and influence of the United States at the United
Nations to advocate for the United Nations and its
appropriate agencies to include, as appropriate, in all of
its research regarding child marriage, the relationship
between child marriage and violence against girls, including
young children and infants.
(d) Definitions.--In this section:
(1) Child marriage.--The term ``child marriage'' means a
formal marriage or informal union involving at least one
person younger than age 18.
(2) Illegal child marriage.--The term ``illegal child
marriage'' means a child marriage that is illegal under the
laws of the country in which the child marriage occurs.
TITLE V--GLOBAL FRAGILITY
SEC. 501. SHORT TITLE.
This title may be cited as the ``Global Fragility Act of
2019''.
SEC. 502. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Relevant federal department or agency.--The term
``relevant Federal department or agency'' means the
Department of State, the United States Agency for
International Development, the Department of Defense, the
Department of Treasury, and any other Federal department or
agency the President determines is relevant to carry out the
purposes of this title.
SEC. 503. STATEMENT OF POLICY.
It is the policy of the United States to seek to stabilize
conflict-affected areas and prevent violence and fragility
globally, including by--
(1) ensuring that all relevant Federal departments and
agencies coordinate to achieve coherent, long-term goals for
programs designed to carry out such policy;
(2) seeking to improve global, regional, and local
coordination of relevant international and multilateral
development and donor organizations regarding efforts to
carry out such policy; and
(3) enhancing the effectiveness of United States foreign
assistance programs and activities to carry out such policy,
including by improving assessment, monitoring, and evaluation
conducted by the relevant Federal departments and agencies.
[[Page H10537]]
SEC. 504. GLOBAL FRAGILITY STRATEGY.
(a) Strategy.--The President, in coordination with the
Secretary of State, the Administrator of the United States
Agency for International Development (``USAID''), the
Secretary of Defense, and the heads of other relevant Federal
departments and agencies, shall establish a comprehensive,
integrated, ten-year strategy, to be referred to as the
``Global Fragility Strategy'', to contribute to the
stabilization of conflict-affected areas, address global
fragility, and strengthen the capacity of the United States
to be an effective leader of international efforts to prevent
extremism and violent conflict. The strategy shall focus on
addressing long-term causes of fragility and violence, and
shall--
(1) consider the causes of fragility and violence at both
the local and national levels, the external actors that
reinforce and exploit such conditions, and successful
prevention strategies and their key features;
(2) include specific objectives and multisectoral
approaches to reduce fragility and the causes of violence,
including those that strengthen state-society relations, curb
extremist ideology, and make society less vulnerable to the
spread of extremism and violence;
(3) encourage and empower local and national actors to
address the concerns of their citizens, including those in
vulnerable communities, and build community resilience
against violence and extremism;
(4) address the long-term underlying causes of fragility
and violence through participatory, locally led programs,
empowering marginalized groups such as youth and women,
inclusive dialogues and conflict resolutions processes,
justice sector reform, good governance, inclusive and
accountable service delivery, and community policing and
civilian security, including by combatting impunity for
security forces implicated in violations of internationally
recognized human rights and other serious crimes;
(5) describe approaches that ensure national leadership
where appropriate and participatory engagement by civil
society and local partners in the design, implementation, and
monitoring of programs;
(6) assign roles for relevant Federal departments and
agencies to avoid duplication of efforts, while ensuring
that--
(A) the Department of State is responsible for leading the
drafting and execution of the strategy, establishing United
States foreign policy, advancing diplomatic and political
efforts, and overseeing the planning and implementation of
security assistance and related civilian security efforts;
(B) USAID is responsible for overseeing prevention
programs, and is the lead implementing agency for
development, humanitarian, and related non-security program
policy;
(C) activities undertaken or supported by the Department of
Defense in relation to the Global Fragility Strategy are
established through joint formulation and with the
concurrence of the Secretary of State; and
(D) other relevant Federal departments and agencies support
the activities of the Department of State and USAID as
appropriate, with the concurrence of the Secretary of State
and the Administrator of the United States Agency for
International Development;
(7) describe programs that relevant Federal departments and
agencies will undertake to achieve the stated objectives,
including descriptions of existing programs and funding by
fiscal year and account;
(8) identify mechanisms to improve coordination between the
United States, foreign governments, and international
organizations, including the World Bank, the United Nations,
regional organizations, and private sector organizations;
(9) address efforts to expand public-private partnerships
and leverage private sector resources;
(10) describe the criteria, metrics, and mechanisms for
monitoring and evaluation of programs and objectives in the
strategy to ensure planning, implementation, and coordination
are appropriately executed and updated;
(11) describe how the strategy will ensure that programs
are country-led and context-specific; and
(12) identify mechanisms or activities to reduce the risk
that the programs, policies, or resources of the United
States and its partners will facilitate corruption, empower
or abet repressive local actors, or be exploited by
extremists to gain support for their cause.
(b) Stakeholder Consultation.--The Global Fragility
Strategy required under this section shall be developed in
consultation with representatives of civil society and
national and local governance entities in countries and
regions described in section 505, as well as relevant
international development organizations with experience
implementing programs in fragile states, multilateral
organizations and donors, relevant private, academic, and
philanthropic entities, and the appropriate congressional
committees.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report setting forth
the strategy described in subsection (a), which shall be
submitted in unclassified form, but may include a classified
annex if necessary, and shall include, at a minimum, the
following elements:
(1) The objectives, general and specific, of the strategy.
(2) An identification of the relevant Federal departments
and agencies that will be involved and the assignment of
priorities to such departments and agencies.
(3) A description of the compact-based partnerships that
will be established to ensure local leadership of strategies,
policy, and programs, as well as mutual accountability for
results and resources needed to support such partnerships.
(4) An identification of the authorities, staffing, and
other requirements, as necessary and appropriate, needed to
effectively implement the Global Fragility Strategy.
(5) A description of the ways in which United States
leadership will be used to enhance overall international
prevention efforts, including through increasing the
engagement of the member states of the Group of Seven and
Group of Twenty.
(6) An identification of which officials of the Department
of State, USAID, and the Department of Defense, with a rank
not lower than Assistant Secretary or Assistant
Administrator, will be responsible for leading and overseeing
the strategy.
(7) A list of priority countries and regions selected
pursuant to section 505, including descriptions of the
rationale for such selections.
SEC. 505. SELECTION OF PRIORITY COUNTRIES AND REGIONS.
(a) In General.--The President, in coordination with the
Secretary of State, the Administrator of the United States
Agency for International Development, and the Secretary of
Defense, and in consultation with the appropriate
congressional committees specified in subsection (b), shall
select certain countries as ``priority countries'' and
certain regions as ``priority regions'' for the purpose of
implementing the Global Fragility Strategy required under
section 504--
(1) on the basis of--
(A) the national security interests of the United States;
(B) clearly defined indicators of the levels of violence or
fragility in such country or region, such as the country's or
region's--
(i) ranking on recognized global fragility lists, such as
the Organization for Economic Co-operation and Development
States of Fragility report, the Fund for Peace Fragile States
Index, the World Bank Harmonized List of Fragile Situations,
the Institute for Economics and Peace Global Peace Index, and
the Holocaust Museum Early Warning Project Risk Assessment;
(ii) ranking on select United States Government conflict
and atrocity early warning watch lists;
(iii) levels of violence, including violence committed by
armed groups, state actors, and violent extremist
organizations, gender-based violence, and violence against
children and youth; and
(iv) vulnerability to rising sea levels, flooding, drought,
wildfires, desertification, deforestation, food insecurity,
and human displacement; and
(C) an assessment of--
(i) the commitment and capacity of national and sub-
national government entities and civil society partners in
such country or region to work with relevant Federal
departments and agencies on the Global Fragility Strategy,
including by demonstrating commitment to--
(I) improving inclusive, transparent, and accountable power
structures, including effective, legitimate, and resilient
national and sub-national institutions; and
(II) ensuring strong foundations for human rights, rule of
law, and equal access to justice; and
(ii) the likelihood that United States assistance under the
Global Fragility Strategy would measurably help to reduce
fragility, prevent the spread of extremism and violence, and
stabilize conflict-affected areas in each such country or
region; and
(2) in a manner that ensures that not fewer than five
countries or regions are selected, including not fewer than
two in which the priority will be preventing violent conflict
and fragility, rather than stabilizing ongoing conflicts.
(b) Consultation With Congress.--Prior to finalization of
the selection of priority countries and regions under
subsection (a), representatives from the Department of State,
USAID, the Department of Defense, and other relevant Federal
departments and agencies, as necessary and appropriate, shall
brief the appropriate congressional committees on the
countries and regions being considered and shall consider
congressional input on such prioritization.
SEC. 506. PRIORITY COUNTRY AND REGIONAL PLANS.
Not later than one year after the date of the enactment of
this Act, the President, in coordination with the Secretary
of State, the Administrator of the United States Agency for
International Development, the Secretary of Defense, and the
heads of other relevant Federal departments and agencies,
shall submit to the appropriate congressional committees ten-
year plans to align and integrate under the Global Fragility
Strategy established pursuant to section 504 all relevant
diplomatic, development, and security assistance and
activities of the United States Government with respect to
each of the countries and regions selected pursuant to
section 505. Each such country and regional plan shall
include the following elements:
(1) Specific multi-year interagency plans for coordination
and implementation under each such plan.
[[Page H10538]]
(2) An up-to-date baseline analysis for each such country
or region, including an analysis of the conditions that
contribute to violence and fragility.
(3) Prioritized descriptions of the goals and objectives
for stabilizing conflict-affected areas, reducing fragility,
and preventing the spread of extremism and violence in each
such country.
(4) Descriptions of how and when the relevant goals,
objectives, plans, and benchmarks for each such country or
region will be incorporated into relevant United States
country or regional plans and strategies, including the
National Security Strategy of the United States, the
Stabilization Assistance Review, Department of State
Integrated Country Strategies, USAID Country Development
Cooperation Strategies, and Department of Defense Campaign
Plans, Operational Plans, and Regional Strategies, as well as
any equivalent or successor plans or strategies.
(5) Interagency plans to ensure that appropriate local
actors, including government and civil society entities, have
an appropriate ownership stake in developing, implementing,
monitoring, and evaluating relevant activities under each
such plan.
(6) Interagency plans to integrate existing and planned
security assistance and cooperation programs in each such
country or region with the strategy, and to mitigate risks
associated with such programs, including risks related to
corruption, governance, and human rights.
(7) Assessment, monitoring, and evaluation frameworks for
diplomatic, development, and security assistance and
activities, which shall be informed by consultations with the
stakeholders specified in section 504(b), with clear metrics
for each such country or region, as well as interagency plans
for using such frameworks to adapt such activities on a
regular basis.
(8) Descriptions of available policy tools and how such
tools will be used to reduce fragility, prevent the spread of
extremism and violence, and stabilize conflict-affected areas
in each such country or region.
(9) A description of how planning and implementation of
assistance under the Global Fragility Strategy for each such
country or region will be coordinated in a manner that
strengthens partnerships and leverages the unique expertise
and resources of the United States Government and--
(A) governments of such countries;
(B) international development organizations;
(C) relevant international donors;
(D) multilateral organizations; and
(E) the private sector.
(10) A regional component outlining plans to address
relevant transnational issues and how each such country is
affected by or at risk of regional fragility or violence.
(11) When a region is selected, a component outlining plans
to address factors at the individual country level that
affect regional fragility or violence.
SEC. 507. IMPLEMENTATION.
The President, in coordination with the Secretary of State,
the Administrator of the United States Agency for
International Development, the Secretary of Defense, the
heads of other relevant Federal departments and agencies,
relevant United States ambassadors, USAID mission directors,
geographic combatant commanders, and other relevant
individuals with responsibility over activities in each
priority country or region selected pursuant to section 505,
shall ensure that--
(1) the Global Fragility Strategy required under section
504, including each of the country plans developed under
section 506, is implemented, updated, and coordinated on a
regular basis; and
(2) the strategy is used to guide United States Government
policy at a senior level and incorporated into relevant
strategies and plans across the United States Government such
that the activities of all relevant Federal departments and
agencies are consistent with the strategy.
SEC. 508. BIENNIAL REPORTS AND CONGRESSIONAL CONSULTATION.
(a) Biennial Reports.--Not later than two years after the
submission of the plans required in section 506, and every
two years thereafter until the date that is ten years after
the date of submission of such plans, the President, the
Secretary of State, the Administrator of the United States
Agency for International Development, the Secretary of
Defense, and the heads of other relevant Federal departments
and agencies shall jointly submit to the appropriate
congressional committees an unclassified report, which may
include a classified annex, on progress made and lessons
learned with respect to implementation of the Global
Fragility Strategy established pursuant to section 504. The
report shall include the following elements:
(1) Descriptions of steps taken to incorporate the strategy
into any relevant, existing country and regional plans or
strategies.
(2) Accountings of all funding received and obligated to
implement each such country and regional plan during the
previous two years, and, to the extent feasible, projections
of funding to be requested, planned, and implemented for the
following two years.
(3) Descriptions of progress made towards achieving
specific targets, metrics, and indicators for each priority
country and region.
(4) Descriptions of any changes made to programs based on
the results of assessment, monitoring, and evaluation for
each priority country and region.
(b) Congressional Consultation.--The Secretary of State,
the Administrator of the United States Agency for
International Development, and the Secretary of Defense shall
provide to any appropriate congressional committee briefings
on the implementation of this title upon the request of any
such committee.
SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
(a) Prevention and Stabilization Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, which shall be known as the
``Prevention and Stabilization Fund'' (in this subsection
referred to as ``The Fund''), to be administered by the
Department of State and USAID, as appropriate, to support
stabilization of conflict-affected areas and to mitigate
fragility, including through the Global Fragility Strategy
established pursuant to section 504, which shall replace the
Relief and Recovery Fund.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $200,000,000 for each of the
fiscal years 2020 through 2024.
(3) Purposes of the fund.--
(A) In general.--Amounts authorized to be appropriated to
the Fund shall be used--
(i) to support stabilization of conflict-affected areas and
prevent global fragility, including through the Global
Fragility Strategy established pursuant to section 504; and
(ii) to provide assistance to areas liberated or at risk
from, or under the control of, the Islamic State of Iraq and
Syria, other terrorist organizations, or violent extremist
organizations, including for stabilization assistance for
vulnerable ethnic and religious minority communities affected
by conflict.
(B) Amounts in addition.--Amounts authorized to be
appropriated to the Fund under this section are in addition
to any funds otherwise made available for the purposes
described in paragraph (1).
(4) Congressional notification.--Funds may not be obligated
under this section unless the congressional committees
specified in section 634A of the Foreign Assistance Act of
1961 (22 U.S.C. 2394-1) are notified of the amount and nature
of such proposed obligation at least 15 days in advance of
such proposed obligation, in accordance with the procedures
applicable to notifications regarding reprogrammings pursuant
to such section.
(b) Complex Crisis Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, which shall be known as the
``Complex Crises Fund'' (in this subsection referred to as
the ``Fund''), to be administered by USAID, to support
programs and activities to prevent or respond to emerging or
unforeseen events overseas, including to support the Global
Fragility Strategy established pursuant to section 504.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $30,000,000 for each of the
fiscal years 2020 through 2024, which shall remain available
until expended.
(3) Purposes of the fund.--
(A) In general.--Notwithstanding any other provision of
law, except section 620M of the Foreign Assistance Act of
1961 (22 U.S.C. 2378d), amounts in the Fund may be used to
carry out the provisions of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) to support programs and
activities to prevent or respond to emerging or unforeseen
foreign challenges and complex crises overseas, including
through the Global Fragility Strategy established pursuant to
section 504.
(B) Amounts in addition.--Amounts authorized to be
appropriated to the Fund are in addition to any amounts
otherwise made available for the purposes described in
subparagraph (A).
(4) Limitations.--
(A) In general.--Amounts in the Fund may not be expended
for lethal assistance or to respond to natural disasters.
(B) Administrative expenses.--Not more than five percent of
the amounts in the Fund may be used for administrative
expenses.
(5) Congressional notification.--The United States Agency
for International Development shall notify the appropriate
congressional committees not less than five days prior to the
obligation of amounts in the Fund.
(6) Waiver.--The notification requirement under paragraph
(5) may be waived if--
(A) notification by the deadline specified in such
paragraph would pose a substantial risk to human health or
welfare; and
(B) the appropriate congressional committees--
(i) are notified as early as practicable but in no event
later than three days after an obligation of amounts from the
Fund; and
(ii) are provided with an explanation of the emergency
circumstances that necessitated such waiver.
SEC. 510. IMPROVING AND LEVERAGING ASSISTANCE FOR THE GLOBAL
FRAGILITY STRATEGY.
(a) Sense of Congress.--It is the sense of Congress that
the President, the Secretary of State, the Administrator of
the United States Agency for International Development, the
Secretary of Defense, and the heads of other relevant Federal
departments and agencies should--
(1) develop more adaptive and responsive policy and program
planning, implementation, and scaling under the Global
Fragility Strategy established pursuant to section 504, and
work with the appropriate congressional committees to
identify any legislative
[[Page H10539]]
changes that may be necessary to support such efforts;
(2) better integrate the strategy and other conflict and
violence reduction objectives and activities into other
policy and program areas, where appropriate; and
(3) support transparent and accountable multilateral funds,
initiatives, and strategies to enhance and better coordinate
private and public efforts to stabilize conflict-affected
areas and prevent violence and fragility globally.
(b) Other Funding and Cost Matching.--The Global Fragility
Strategy established pursuant to section 504--
(1) may, after consultation with the appropriate
congressional committees, be supported with funds other than
funds authorized to be appropriated pursuant to section 509;
and
(2) shall seek to leverage funds from sources other than
the United States Government in order to promote coordination
and cost-matching to the maximum extent practicable.
(c) Multi-donor Global Fragility Fund.--
(1) Authority.--Pursuant to sections 607 and 632 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2357 and 2392), and
consistent with subsection (b), and after consultation with
the appropriate congressional committees, the Secretary of
State is authorized to establish funding mechanisms, to
include the establishment of a Global Fragility Fund, to
leverage, receive, coordinate, and program funds provided by
other donors and private sector partners to carry out the
purposes of this title.
(2) Purposes.--A funding mechanism established pursuant to
paragraph (1) should--
(A) include input from and participation by key bilateral
and multilateral donors, representatives of civil society,
relevant nongovernmental organizations and private sector
entities, and developing countries where fragility threatens
to exacerbate violent extremism and undermine development;
(B) enhance donor coordination and cooperation;
(C) advance clearly defined goals, objectives, and metrics
for monitoring, evaluating, and measuring progress; and
(D) focus on strengthening national and local good
governance and conflict resolution capacity in fragile and
conflict-affected areas over the long-term through
comprehensive, compact-based agreements that support country-
led strategies.
(3) Congressional notification.--Funds may not be obligated
under this section except in consultation with the
appropriate congressional committees and subject to the
notification of such committees of the amount and proposed
uses of such funds at least 15 days in advance of such
proposed obligation.
SEC. 511. RULE OF CONSTRUCTION.
Nothing in this title shall be construed as a declaration
of war or an authorization for the use of military force.
TITLE VI--COMBATING WILDLIFE TRAFFICKING
SEC. 601. SHORT TITLE.
This title may be cited as the ``Rescuing Animals With
Rewards Act of 2019'' or the ``RAWR Act''.
SEC. 602. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Wildlife trafficking is a major transnational crime
that is estimated to generate over $10 billion a year in
illegal profits and which is increasingly perpetrated by
organized, sophisticated criminal enterprises, including
known terrorist organizations.
(2) Wildlife trafficking not only threatens endangered
species worldwide, but also jeopardizes local security,
spreads disease, undermines rule of law, fuels corruption,
and damages economic development.
(3) Combating wildlife trafficking requires a coordinated
and sustained approach at the global, regional, national, and
local levels.
(4) Congress stated in the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 that it is the
policy of the United States to take immediate actions to stop
the illegal global trade in wildlife and wildlife products
and associated transnational organized crime.
(b) Sense of Congress.--It is the sense of Congress that
the Department of State's rewards program is a powerful tool
in combating sophisticated international crime and that the
Department of State and Federal law enforcement should work
in concert to offer rewards that target wildlife traffickers.
SEC. 603. WILDLIFE TRAFFICKING PREVENTION AWARDS PROGRAM.
Subparagraph (B) of section 36(k)(5) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2708(k)(5)) is amended by inserting ``wildlife trafficking
(as defined by section 2(12) of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C.
7601(12); Public Law 114-231)) and'' after ``includes''.
TITLE VII--CHAMPIONING AMERICAN BUSINESS THROUGH DIPLOMACY
SEC. 701. SHORT TITLE.
This title may be cited as the ``Championing American
Business Through Diplomacy Act of 2019''.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) According to the 2017 National Security Strategy of the
United States of America, ``Retaining our position as the
world's preeminent economic actor strengthens our ability to
use the tools of economic diplomacy for the good of Americans
and others.''.
(2) A November 7, 2018, cable from Secretary of State
Michael R. Pompeo to all diplomatic and consular posts--
``Boosting Commercial Diplomacy Around the World''--stated
that ``helping American companies is a foreign policy
priority. . .Promoting broad-based, responsible, and
sustainable economic growth helps to stabilize regions and
creates new and growing markets for U.S. companies. A
transparent and level playing field for U.S. investment in
these countries counters real and growing challenges such as
China's Belt and Road initiative.''.
(3) In the January-February 2019 issue of The Foreign
Service Journal, Ambassador Barbara Stephenson, the President
of the American Foreign Service Association, wrote, ``Foreign
Service support for American business. . .is a major reason
why the U.S. Foreign Service was created.''.
SEC. 703. ECONOMIC DIPLOMACY WITHIN THE DEPARTMENT OF STATE.
Subsection (c) of section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for economic and business
matters.--
``(A) In general.--Subject to the numerical limitation
specified in paragraph (1), there is authorized to be
established in the Department of State an Assistant Secretary
of State who shall be responsible to the Secretary of State
for matters pertaining to international economics and
business matters in the conduct of foreign policy.
``(B) Matters contemplated.--The matters referred to in
subparagraph (A) include the following:
``(i) International trade and investment policy.
``(ii) International finance, economic development, and
debt policy.
``(iii) Economic sanctions and combating terrorist
financing.
``(iv) International transportation policy.
``(v) Support for United States businesses.
``(vi) Economic policy analysis and private sector
outreach.
``(vii) International data privacy and innovation policies.
``(viii) Such other related duties as the Secretary may
from time to time designate.''.
SEC. 704. CHIEF OF MISSION RESPONSIBILITIES.
Section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) is amended by adding at the end the following new
subsection:
``(d) Promotion of United States Economic Interests.--Each
chief of mission to a foreign country shall have as a
principal duty the promotion of United States economic and
commercial interests in such country.''.
SEC. 705. INCREASED TRAINING IN ECONOMIC AND COMMERCIAL
DIPLOMACY.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C.
4028) is amended by adding at the end the following new
subsection:
``(d) Economic and Commercial Diplomacy.--The Secretary of
State, with the assistance of other relevant officials and
the private sector, shall establish as part of the standard
training provided for economic and commercial officers of the
Foreign Service, chiefs of mission, and deputy chiefs of
mission, training on matters related to economic and
commercial diplomacy, with particular attention to market
access and other elements of an enabling framework for United
States businesses, commercial advocacy, and United States
foreign economic policy, in addition to awareness about the
support of the United States Government available to United
States businesses, including support provided by the
Department of Agriculture, the Department of Commerce, the
Export-Import Bank of the United States, the Millennium
Challenge Corporation, the Trade and Development Agency, the
Department of the Treasury, the United States Agency for
International Development, and the United States
International Development Finance Corporation.''.
SEC. 706. REPORT FROM EACH MISSION ON MATTERS OF COMMERCIAL
RELATIONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act and annually thereafter, the chief
of mission at each bilateral diplomatic mission of the United
States and the Director of the American Institute in Taiwan
shall submit to the Secretary of State mission plans that
include the following:
(1) Data and other information regarding actions taken by
each such mission or Institute during the previous year to
foster commercial relations and safeguard United States
economic and business interests in the country or region in
which each such chief of mission and the Director serves.
(2) Each such mission's and Institute's anticipated
economic and commercial priorities for the coming year.
(b) Report to Congress.--The Secretary of State, after
receiving the information required under subsection (a),
shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate a report, disaggregated by country or region, on
activities and initiatives, including with appropriate
examples, to create an enabling environment and otherwise
promote United
[[Page H10540]]
States economic and business interests in each such country
or region, as well as information about significant foreign
competition to United States businesses in the relevant
country or region, including state-directed investments by
foreign governments and United States strategic competitors
in such country or region.
SEC. 707. CONSOLIDATED REPORT ON UNIFIED INVESTMENT CLIMATE
STATEMENT AND COUNTRY COMMERCIAL GUIDE.
(a) In General.--The Secretary of State and the Secretary
of Commerce shall jointly produce and make publicly available
on a United States Government internet website an annual
country- and region-specific report regarding commercial
relations with foreign countries and regions and safeguarding
United States economic and business interests abroad,
including with regard to United States exports and
investments, including by small- and medium-size enterprises.
(b) Matters To Be Included.--Each report required under
subsection (a) shall include the following with respect to
each country or region covered by each such report:
(1) Information about doing business in each country or
region.
(2) Background information about each country's or region's
political environment.
(3) Information about selling United States products and
services in each country or region.
(4) Leading sectors for United States exports and
investment in each country or region.
(5) Information about trade regulations, customs, and
standards in each country or region, such as--
(A) information on import tariffs; and
(B) documentation about which United States businesses
should be aware when exporting, including any prohibited
items or temporary entry procedures.
(6) Investment climate statements describing each country's
or region's openness to foreign investments, such as
information relating to each country's or region's--
(A) investment policies;
(B) market barriers;
(C) business risks;
(D) legal and regulatory system, including dispute
resolution;
(E) level of public and private sector corruption;
(F) level of political violence and instability;
(G) adherence to internationally recognized core labor
standards; and
(H) protection of property rights.
(7) Information about trade and project financing in each
country or region, such as each country's or region's--
(A) banking and financial system, and how United States
businesses typically get paid;
(B) foreign exchange controls; and
(C) important sources of funding for project financing.
(8) Relevant business travel information and business
customs in each country or region.
(9) Information about services and personnel of the
diplomatic mission of the United States available to United
States businesses to support their activities in each country
or region.
(10) Any significant trade or commercial agreement that
exists between the United States and each country or region.
(11) A point of contact at the diplomatic or consular
mission of the United States in each country or region for
United States businesses.
(c) Rule of Construction.--Nothing in this section may be
construed to require the duplication of existing reports.
SEC. 708. WHOLE-OF-GOVERNMENT COORDINATION AND CONSULTATION
TO SUPPORT UNITED STATES ECONOMIC AND BUSINESS
INTERESTS.
(a) In General.--The Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, the Secretary of Commerce, the
Secretary of the Treasury, and the United States Trade
Representative, shall have primary responsibility for
coordinating a whole-of-government effort to expand United
States efforts in supporting United States economic and
business interests abroad. The Secretary may delegate
responsibilities under this Act to a senior, Senate-confirmed
Department of State official.
(b) Responsibilities.--The Secretary shall--
(1) chair the interagency coordinating committee
established under subsection (c);
(2) develop and implement the joint strategic plan required
under subsection (c)(4) for all United States trade-related
and trade capacity building and related technical assistance
programs, in consultation with the coordinating committee
established under subsection (c);
(3) advise the Federal departments and agencies designated
by the President to participate in the interagency
coordinating committee under this section in identifying the
most needed and effective ways for United States diplomatic
and consular posts and the departments and agencies that
staff such posts to support the expansion of United States
trade relations with host governments;
(4) consult with the private sector in the development of
government-wide trade expansion efforts, including
establishing a point of contact and lead office within the
Department of State to receive private-sector recommendations
and comments concerning trade capacity assistance,
coordination, consultations, and country-specific issues;
(5) consult with the Office of Management and Budget
regarding the administrative and human resources needs that
may be required to implement the provisions of this title;
and
(6) brief Congress on trade capacity building programs and
make recommendations, as appropriate, to Congress for
improvements in trade capacity building efforts.
(c) Economic Diplomacy Action Group.--
(1) Establishment.--The President shall establish an
interagency coordinating committee, to be known as the
``Economic Diplomacy Action Group'', to coordinate and carry
out the purposes of this section.
(2) Leadership.--The Group shall be chaired by the
Secretary of State and the vice-chairs shall be the United
States Trade Representative and the Secretary of Commerce.
The Secretaries and the United States Trade Representative
may delegate responsibilities under this Act to appropriate,
senior, Senate-confirmed officials.
(3) Membership.--The President may appoint to the Group
senior officials from the United States Agency for
International Development, the Department of Agriculture, the
Department of the Treasury, the Export-Import Bank, the
United States Development Finance Corporation, and any such
other relevant executive branch department or agency as the
President determines to be substantially involved in trade
capacity building and related assistance efforts in
developing countries.
(4) Development of joint strategic plan.--The Group shall
develop a joint strategic plan for all United States capacity
building and technical assistance programs.
(d) Diplomacy Trade Expansion Advisory Committee.--
(1) Establishment of teac.--The Chair and Vice-Chairs of
the Economic Diplomacy Action Group shall establish a trade
expansion advisory committee with selected representatives of
the United States private sector and other organizations,
including labor organizations, with direct and relevant
operational experience in importing from and exporting into
developing countries, as appropriate, to provide comment and
advice on priorities for trade expansion initiatives. The
Chair and Vice-Chairs of the Group may also appoint
representatives from select non-profit organizations to the
advisory committee if such representatives can demonstrate
both a presence in and relevant operational or programmatic
experience with trade capacity building efforts in developing
countries.
(2) Meetings.--The trade expansion advisory committee shall
convene at least twice annually or more often as necessary at
the call of the Chair and Vice-Chairs of the Group.
(3) Strategic planning advice.--The trade expansion
advisory committee shall advise the Chair and Vice-Chairs of
the Group on ways that embassies can better support the
United States private sector abroad, including assisting the
Chair and Vice-Chairs--
(A) in soliciting private-sector advice;
(B) with respect to implementation of strategic planning;
and
(C) in advancing the overall mission and goals of United
States national security.
SEC. 709. PRIVATE SECTOR CONSULTATION AND COORDINATION.
(a) Consultation With Private Sector by Embassy.--In
developing the priorities for trade expansion initiatives
described in section 708(d), embassy mission teams shall
convene local representatives of the United States private
sector and the private sector of host countries to consult on
issues affecting trade at the borders of such countries and
take into account the private sector's operational expertise
and experience confronting the trade barriers in such
countries as well as its recommendations for reform and best
practices.
(b) Inclusion of Private-sector Comments in Mission
Plans.--Written comments from local United States private
sector representatives shall be included in the trade
expansion component of mission plans submitted by the chief
of mission to the Secretary of State, with recommendations
and comments from the mission team, for the purpose of
informing the development of the joint strategic plan on
trade expansion priorities required pursuant to section
708(c)(4) and recommended funding for the implementation of
such plan.
(c) Designated Embassy Point of Contact for Private Sector
Consultation.--Each chief of mission shall designate an
appropriate point of contact within the embassy who shall
receive recommendations from appropriate private sector
representatives regarding the implementation of the strategic
plan required under section 708(c)(4) and ongoing trade
barriers negatively impacting priority trade expansion. The
chief of mission shall ensure that the designated point of
contact shall be reasonably available for consultations with
appropriate private sector representatives and to receive
recommendations with respect to country-specific issues that
may arise that will foreseeably disrupt trade.
(d) Requirement to Protect Business Confidential
Information.--
(1) In general.--The Secretary of State, Secretary of
Commerce, and United States Trade Representative as well as
the heads of all other agencies involved in the Economic
Diplomacy Action Group established under section 708(c) shall
protect from disclosure any proprietary information submitted
by any private sector representative and
[[Page H10541]]
marked as ``business confidential information'', unless the
party submitting the confidential business information had
notice, at the time of submission, that such information
would be released by the head of any such department or
agency, or such party subsequently consents to the release of
the information. To the extent business confidential
information is provided, a non-confidential version of the
information shall also be provided, in which the business
confidential information is summarized or, if necessary,
deleted.
(2) Treatment as trade secrets.--Proprietary information
submitted by a private party in accordance with this Act
shall be considered to be a matter falling within the meaning
of trade secrets and commercial or financial information
exemption under section 552(b)(4) of title 5, United States
Code, and shall be exempt from disclosure without the express
approval of the private party.
SEC. 710. IMPROVING AWARENESS OF UNITED STATES GOVERNMENT
TOOLS AND SERVICES TO SUPPORT UNITED STATES
BUSINESSES OVERSEAS.
The Secretary of State and the Secretary of Commerce shall
take actions to improve the awareness of United States
businesses with respect to United States Government tools and
services to assist such businesses overseas, especially small
and medium-sized enterprises, including by coordinating with
State trade agencies, Export Assistance Centers, and Small
Businesses Development Centers.
SEC. 711. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES.
(a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on United States
economic and commercial diplomacy.
(b) Matters To Be Included.--The report required under
subsection (a) shall include an assessment of the following:
(1) What is known about the effectiveness of United States
economic and commercial diplomacy in influencing foreign
governments and supporting United States businesses abroad.
(2) Coordination between the Department of State and the
Department of Commerce with respect to United States economic
and commercial diplomacy.
(3) The effectiveness of training provided pursuant to
subsection (d) of section 708 of the Foreign Service Act of
1980 (as added by section 705 of this title) on matters
relating to economic and commercial diplomacy.
(4) The status and effectiveness of actions taken by the
Secretary of State under section 710 of this title regarding
commercial relations with foreign countries and regions and
safeguarding United States economic and business interests
abroad.
(5) The status of the U.S. Commercial Service of the
Department of Commerce and its effectiveness in advancing the
economic and business interests of the United States abroad.
(6) The status of the Foreign Service economics officers
and their effectiveness in advancing the economic and
business interests of the United States abroad.
(7) Recommendations to improve United States economic and
commercial diplomacy.
TITLE VIII--UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
REAUTHORIZATION
SEC. 801. SHORT TITLE.
This title may be cited as the ``United States Commission
on International Religious Freedom Reauthorization Act of
2019''.
SEC. 802. REAUTHORIZATION.
Section 209 of the International Religious Freedom Act of
1998 (22 U.S.C. 6436) is amended by striking ``2019'' and
inserting ``2022''.
SEC. 803. COMPOSITION OF COMMISSION.
Section 201 of the International Religious Freedom Act of
1998 (22 U.S.C. 6431) is amended--
(1) in subsection (b)(2)--
(A) by striking ``(A) In general.--''; and
(B) by striking subparagraph (B);
(2) by amending subsection (d) to read as follows:
``(d) Election of Chair and Vice Chair.--At the first
meeting of the Commission after May 30 of each year, a
majority of the members of the Commission who are present and
voting shall elect a Chair and a Vice Chair. The Vice Chair
shall have been appointed by an officeholder from a different
political party than the officeholder who appointed the
member of the Commission who was elected Chair. The positions
of Chair and Vice Chair shall be rotated annually between
members who were appointed to the Commission by officeholders
of different political parties.'';
(3) in subsection (f), by striking ``Country Report on
Human Rights Practices'' and inserting ``International
Religious Freedom Report''; and
(4) by adding at the end the following:
``(j) Removal.--If a payment is made under section 415(a)
of the Congressional Accountability Act of 1995 (2 U.S.C.
1415(a)) for an award or settlement in connection with a
claim alleging a violation of unlawful harassment,
intimidation, reprisal, or discrimination under the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) that was committed personally by an individual who, at
the time of committing the violation, was a Member of the
Commission, the Member shall be removed from the
Commission.''.
SEC. 804. DUTIES AND POWERS OF THE COMMISSION.
(a) Duties.--Section 202(e) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6432) is amended--
(1) by striking ``The Commission'' and inserting the
following:
``(1) In general.--The Commission''; and
(2) by adding at the end the following:
``(2) Tracking; review.--The Commission shall regularly--
``(A) track the implementation by the United States
Government of the recommendations it makes under paragraph
(1); and
``(B) review, to the extent practicable, the effectiveness
of such implemented recommendations in advancing religious
freedom internationally.''.
(b) Powers.--Section 203(e) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6432a(e)) is amended by adding
at the end the following: ``If a Member of the Commission is
invited to speak at an event in his or her capacity as a
Commissioner, the Member shall provide notice of the request
to all Commissioners and the Executive Director as soon as
the Commissioner becomes aware of such invitation. Speeches
and responses to questions at official events shall reflect
the views of the Commission. Official speeches and other
prepared materials shall be made available to all
Commissioners in advance of the event. If a Commissioner is
speaking in his or her private capacity, he or she shall
include qualifying language that the views they are
representing are his or her own views and not the views of
the Commission.''.
SEC. 805. COMMISSION PERSONNEL MATTERS.
(a) In General.--Section 204 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6432b) is amended--
(1) in subsection (b)--
(A) by striking ``fix the compensation of the Executive
Director and other personnel'' and inserting ``provide
reasonable compensation to the Executive Director'';
(B) by striking ``and other personnel may not exceed the
rate payable for level V of the Executive Schedule under
section 5316'' and inserting ``may not exceed the rate
payable under level II of the Executive Schedule under
section 5313''; and
(C) by adding at the end the following: ``The rate of pay
for other personnel of the Commission may not exceed the rate
payable for level IV of the Executive Schedule under section
5315 of such title. All employees of the Commission shall
otherwise be treated as employees whose pay is disbursed by
the Secretary of the Senate, including for purposes of
applying the Standing Rules of the Senate. The Commission
shall be treated as an employing office of the Senate.'';
(2) in subsection (f), by striking ``the commission, for
the executive director'' and inserting ``the Commission, for
the Executive Director''; and
(3) by striking subsection (g).
(b) Coverage of Commission Employees.--Section 101(b) of
the Congressional Accountability Act (2 U.S.C. 1301(b)) is
amended--
(1) in paragraph (1), by inserting ``the United States
Commission on International Religious Freedom,'' after ``With
respect to'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(B) by inserting ``(A)'' before ``Subject to paragraph
(3),''; and
(C) by adding at the end the following:
``(B) Legal assistance and representation under this
chapter, including assistance and representation with respect
to the proposal or acceptance of the disposition of a claim
under this chapter, shall be provided to the United States
Commission on International Religious Freedom by the Office
of Senate Chief Counsel for Employment of the Senate, in the
case of assistance and representation in connection with a
claim filed under subchapter IV (including all subsequent
proceedings under such subchapter in connection with such
claim).''; and
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) the term `United States Commission on International
Religious Freedom' means the Commission established under
section 201 of the International Religious Freedom Act of
1998 (22 U.S.C. 6431 et seq.).''.
SEC. 806. COMMISSION TRAVEL AND ANNUAL DISCLOSURES.
(a) Duties.--Section 201(i) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6431(i)) is amended by
striking ``are subject to'' and inserting ``shall comply
with''.
(b) Powers.--Section 203(f) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6432a(f)) is amended--
(1) by striking ``The Members of the Commission'' and
inserting the following:
``(1) In general.--The Members of the Commission''; and
(2) by adding at the end the following:
``(2) Prohibition against payment of official travel by
non-federal sources.--Members of the Commission and
Commission staff may not accept payment from a non-Federal
source for expenses related to official travel on behalf of
the Commission.''.
(c) Annual Disclosures.--Section 203 of the International
Religious Freedom Act of 1998, as amended by subsection (b),
is further amended by adding at the end the following:
[[Page H10542]]
``(g) Annual Disclosures.--Not later than March 1 of each
year, each Member of the Commission shall submit a report to
the appropriate congressional committees (as defined in
section 4(a) of the United States Commission on International
Religious Freedom Reauthorization Act of 2015 (22 U.S.C.
6433a(a)) with respect to the most recently concluded 12-
month period, that discloses any travel by the Member outside
of the United States that was paid for or reimbursed by a
person or entity other than the Member, a relative of the
Member, or the Federal Government, including--
``(1) who paid for or reimbursed the travel;
``(2) a good faith estimate of the cost of the travel, if
the travel was funded by a person or entity that does not
employ the Member; and
``(3) brief details of the travel and events related to
such travel.''.
SEC. 807. STRATEGIC PLAN.
Section 4(d) of the United States Commission on
International Religious Freedom Reauthorization Act of 2015
(22 U.S.C. 6433a(d)) is amended by striking ``Not later than
180 days after the date of the enactment of the Act, and not
less frequently than biennially thereafter'' and inserting
``Not later than 180 days after the date of the enactment of
this Act, and every 2 years thereafter''.
SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
Section 207(a) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6435(a)) is amended by striking ``2016 to
2019'' and inserting ``2019 through 2022''.
SEC. 809. RECORD RETENTION.
Section 208 of the International Religious Freedom Act of
1998 (22 U.S.C. 6435a) is amended by adding at the end the
following:
``(f) Commission Records.--The Commission shall comply with
all of the records management requirements set forth in
chapter 31 of title 44, United States Code (commonly referred
to as the `Federal Records Act of 1950').
``(g) Official Email for Commission Business.--When
conducting any Commission business on electronic accounts,
Commission Members and staff shall use official Commission
electronic accounts.''.
TITLE IX--OTHER MATTERS
SEC. 901. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS'
COMPENSATION PAYMENTS AND OTHER PAYMENTS FOR
DEPARTMENT OF STATE PERSONNEL UNDER CHIEF OF
MISSION AUTHORITY.
(a) Adjustment of Compensation for Certain Injuries.--
(1) Increase.--The Secretary of State may pay an additional
monthly monetary benefit, provided that the covered employee
is receiving benefits under section 8105 or 8106 of title 5,
United States Code, and may determine the amount of each
monthly monetary benefit amount by taking into account--
(A) the severity of the qualifying injury;
(B) the circumstances by which the covered employee became
injured; and
(C) the seniority of the covered employee, particularly for
purposes of compensating for lost career growth.
(2) Maximum.--Notwithstanding chapter 81 of title 5, United
States Code, the total amount of monthly compensation
increased under paragraph (1) may not exceed the monthly pay
of the maximum rate of basic pay for GS-15 of the General
Schedule under section 5332 of such title.
(b) Costs for Treating Qualifying Injuries.--The Secretary
of State may pay the costs of or reimburse for diagnosing and
treating--
(1) a qualifying injury of a covered employee for such
costs, that are not otherwise covered by chapter 81 of title
5, United States Code, or other provision of Federal law; or
(2) a covered individual, or a covered dependent, for such
costs that are not otherwise covered by Federal law.
(c) Information Exchange.--To avoid duplicate or otherwise
improper payments under this subsection, the Secretary of
Labor and the Secretary of State shall exchange information
about the amounts paid for treatment of qualifying injuries.
(d) Regulations.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall--
(1) prescribe regulations ensuring the fair and equitable
implementation of this section; and
(2) submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives such regulations.
(e) Definitions.--In this section:
(1) Covered dependent.--The term ``covered dependent''
means a family member (as defined by the Secretary of State)
of a employee who, on or after January 1, 2016--
(A) accompanies the employee to an assigned duty station in
a foreign country under chief of mission authority; and
(B) becomes injured by reason of a qualifying injury.
(2) Covered employee.--The term ``covered employee'' means
an employee of the Department of State who, on or after
January 1, 2016, becomes injured by reason of a qualifying
injury and was assigned to a duty station in the Republic of
Cuba, the People's Republic of China, or another foreign
country designated by the Secretary of State pursuant to
subsection (f).
(3) Covered individual.--The term ``covered individual''
means an individual who, on or after January 1, 2016, becomes
injured by reason of a qualifying injury and is--
(A) detailed to a duty station in the Republic of Cuba, the
People's Republic of China, or another foreign country
designated by the Secretary of State pursuant to subsection
(f); or
(B) affiliated with the Department of State, as determined
by the Secretary of State.
(4) Qualifying injury.--The term ``qualifying injury''
means the following:
(A) With respect to a covered dependent, an injury
incurred--
(i) during a period in which the covered dependent is
accompanying an employee to an assigned duty station in the
Republic of Cuba, the People's Republic of China, or another
foreign country designated by the Secretary of State pursuant
to subsection (f);
(ii) in connection with war, insurgency, hostile act,
terrorist activity, or other incident designated by the
Secretary of State; and
(iii) that was not the result of the willful misconduct of
the covered dependent.
(B) With respect to a covered employee or a covered
individual, an injury incurred--
(i) during a period of assignment to a duty station in the
Republic of Cuba, the People's Republic of China, or another
country designated by the Secretary of State pursuant to
subsection (f);
(ii) in connection with war, insurgency, hostile act,
terrorist activity, or other incident designated by the
Secretary of State; and
(iii) that was not the result of the willful misconduct of
the covered employee or the covered individual.
(f) Designation by the Secretary of State of Another
Foreign Country or Duty Station.--The Secretary of State may
designate another foreign country for the purposes of this
section, provided that the Secretary reports such designation
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
and includes in such report a rationale for each such
designation. The Secretary of State may not designate an
added foreign country or duty station for purposes of
providing additional monetary benefit pursuant to subsection
(a) or (b) for a qualifying injury to covered employees,
covered dependents, or covered individuals under this section
unless the Secretary of State--
(1) provides to the Committees on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives 30 days' notice of the designation of a
particular additional country or duty station and the
rationale for such addition; and
(2) provides no such additional monetary benefit pursuant
to subsection (a) or (b) to covered employees, covered
dependents, or covered individuals for a qualifying injury
until the 30-day notice period expires, unless there is
written agreement by both the Chair and Ranking Members of
both the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that there is no objection to proceeding with provision of
such monetary benefit compensation in less than 30 days.
(g) Treatment of Amounts.--For purposes of section 104 of
the Internal Revenue Code of 1986, amounts paid pursuant to
this section shall be treated as amounts described in
subsection (a)(5) of such section.
(h) Application.--
(1) In general.--This section shall apply with respect to--
(A) payments made to covered employees (as defined in such
section) under section 8105 or 8106 of title 5, United States
Code, beginning on or after January 1, 2016; and
(B) diagnosis or treatment described in subsection (b)
occurring on or after January 1, 2016.
(2) Rule of construction.--Nothing in this section shall
modify or otherwise supersede chapter 81 of title 5, or
chapter 11 of title 42 United States Code. Monetary benefits
and treatment expenses paid under this section shall not be
considered payments under any workers' compensation law.
SEC. 902. DECLASSIFICATION OF INFORMATION RELATED TO CERTAIN
ACTIONS BY SAUDI ARABIAN OFFICIALS.
Not later than 30 days after the date of the enactment of
this Act, the Director of the Federal Bureau of
Investigation, in coordination with the Director of National
Intelligence, shall declassify, with any redactions necessary
to protect intelligence sources and methods, any and all
information related to whether the Government of Saudi Arabia
materially assisted or facilitated any citizen or national of
Saudi Arabia in departing from the United States while the
citizen or national was awaiting trial or sentencing for a
criminal offense committed in the United States.
SEC. 903. PROMOTING SECURITY AND JUSTICE FOR VICTIMS OF
TERRORISM.
(a) Short Title.--This section may be cited as the
Promoting Security and Justice for Victims of Terrorism Act
of 2019.
(b) Facilitation of the Settlement of Terrorism-related
Claims of Nationals of the United States.--
(1) Comprehensive process to facilitate the resolution of
anti-terrorism act claims.--The Secretary of State, in
consultation with the Attorney General, shall, not later than
30 days after the date of enactment of this Act, develop and
initiate a comprehensive process for the Department of State
to facilitate the resolution and settlement of covered
claims.
(2) Elements of comprehensive process.--The comprehensive
process developed under
[[Page H10543]]
paragraph (1) shall include, at a minimum, the following:
(A) Not later than 45 days after the date of enactment of
this Act, the Department of State shall publish a notice in
the Federal Register identifying the method by which a
national of the United States, or a representative of a
national of the United States, who has a covered claim, may
contact the Department of State to give notice of the covered
claim.
(B) Not later than 120 days after the date of enactment of
this Act, the Secretary of State, or a designee of the
Secretary, shall meet (and make every effort to continue to
meet on a regular basis thereafter) with any national of the
United States, or a representative of a national of the
United States, who has a covered claim and has informed the
Department of State of the covered claim using the method
established pursuant to subparagraph (A) to discuss the
status of the covered claim, including the status of any
settlement discussions with the Palestinian Authority or the
Palestine Liberation Organization.
(C) Not later than 180 days after the date of enactment of
this Act, the Secretary of State, or a designee of the
Secretary, shall make every effort to meet (and make every
effort to continue to meet on a regular basis thereafter)
with representatives of the Palestinian Authority and the
Palestine Liberation Organization to discuss the covered
claims identified pursuant to subparagraph (A) and potential
settlement of the covered claims.
(3) Report to congress.--The Secretary of State shall, not
later than 240 days after the date of enactment of this Act,
and annually thereafter for 5 years, submit to the Committee
on the Judiciary and the Committee on Foreign Relations of
the Senate and the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of Representatives
a report describing activities that the Department of State
has undertaken to comply with this subsection, including
specific updates regarding subparagraphs (B) and (C) of
paragraph (2).
(4) Sense of congress.--It is the sense of Congress that--
(A) covered claims should be resolved in a manner that
provides just compensation to the victims;
(B) covered claims should be resolved and settled in favor
of the victim to the fullest extent possible and without
subjecting victims to unnecessary or protracted litigation;
(C) the United States Government should take all
practicable steps to facilitate the resolution and settlement
of all covered claims, including engaging directly with the
victims or their representatives and the Palestinian
Authority and the Palestine Liberation Organization; and
(D) the United States Government should strongly urge the
Palestinian Authority and the Palestine Liberation
Organization to commit to good-faith negotiations to resolve
and settle all covered claims.
(5) Definition.--In this subsection, the term ``covered
claim'' means any pending action by, or final judgment in
favor of, a national of the United States, or any action by a
national of the United States dismissed for lack of personal
jurisdiction, under section 2333 of title 18, United States
Code, against the Palestinian Authority or the Palestine
Liberation Organization.
(c) Jurisdictional Amendments to Facilitate Resolution of
Terrorism-related Claims of Nationals of the United States.--
(1) In general.--Section 2334(e) of title 18, United States
Code, is amended--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--Except as provided in paragraph (2), for
purposes of any civil action under section 2333 of this
title, a defendant shall be deemed to have consented to
personal jurisdiction in such civil action if, regardless of
the date of the occurrence of the act of international
terrorism upon which such civil action was filed, the
defendant--
``(A) after the date that is 120 days after the date of the
enactment of the Promoting Security and Justice for Victims
of Terrorism Act of 2019, makes any payment, directly or
indirectly--
``(i) to any payee designated by any individual who, after
being fairly tried or pleading guilty, has been imprisoned
for committing any act of terrorism that injured or killed a
national of the United States, if such payment is made by
reason of such imprisonment; or
``(ii) to any family member of any individual, following
such individual's death while committing an act of terrorism
that injured or killed a national of the United States, if
such payment is made by reason of the death of such
individual; or
``(B) after 15 days after the date of enactment of the
Promoting Security and Justice for Victims of Terrorism Act
of 2019--
``(i) continues to maintain any office, headquarters,
premises, or other facilities or establishments in the United
States;
``(ii) establishes or procures any office, headquarters,
premises, or other facilities or establishments in the United
States; or
``(iii) conducts any activity while physically present in
the United States on behalf of the Palestine Liberation
Organization or the Palestinian Authority.'';
(B) in paragraph (2), by adding at the end the following:
``Except with respect to payments described in paragraph
(1)(A), no court may consider the receipt of any assistance
by a nongovernmental organization, whether direct or
indirect, as a basis for consent to jurisdiction by a
defendant.''; and
(C) by adding at the end the following:
``(3) Exception for certain activities and locations.--In
determining whether a defendant shall be deemed to have
consented to personal jurisdiction under paragraph (1)(B), no
court may consider--
``(A) any office, headquarters, premises, or other facility
or establishment used exclusively for the purpose of
conducting official business of the United Nations;
``(B) any activity undertaken exclusively for the purpose
of conducting official business of the United Nations;
``(C) any activity involving officials of the United States
that the Secretary of State determines is in the national
interest of the United States if the Secretary reports to the
appropriate congressional committees annually on the use of
the authority under this subparagraph;
``(D) any activity undertaken exclusively for the purpose
of meetings with officials of the United States or other
foreign governments, or participation in training and related
activities funded or arranged by the United States
Government;
``(E) any activity related to legal representation--
``(i) for matters related to activities described in this
paragraph;
``(ii) for the purpose of adjudicating or resolving claims
filed in courts of the United States; or
``(iii) to comply with this subsection; or
``(F) any personal or official activities conducted
ancillary to activities listed under this paragraph.
``(4) Rule of construction.--Notwithstanding any other law
(including any treaty), any office, headquarters, premises,
or other facility or establishment within the territory of
the United States that is not specifically exempted by
paragraph (3)(A) shall be considered to be in the United
States for purposes of paragraph (1)(B).
``(5) Defined term.--In this subsection, the term
`defendant' means--
``(A) the Palestinian Authority;
``(B) the Palestine Liberation Organization;
``(C) any organization or other entity that is a successor
to or affiliated with the Palestinian Authority or the
Palestine Liberation Organization; or
``(D) any organization or other entity that--
``(i) is identified in subparagraph (A), (B), or (C); and
``(ii) self identifies as, holds itself out to be, or
carries out conduct in the name of, the `State of Palestine'
or `Palestine' in connection with official business of the
United Nations.''.
(2) Prior consent not abrogated.--The amendments made by
this subsection shall not abrogate any consent deemed to have
been given under section 2334(e) of title 18, United States
Code, as in effect on the day before the date of enactment of
this Act.
(d) Rules of Construction; Applicability; Severability.--
(1) Rules of construction.--
(A) In general.--This section, and the amendments made by
this section, should be liberally construed to carry out the
purposes of Congress to provide relief for victims of
terrorism.
(B) Cases against other persons.--Nothing in this section
may be construed to affect any law or authority, as in effect
on the day before the date of enactment of this Act, relating
to a case brought under section 2333(a) of title 18, United
States Code, against a person who is not a defendant, as
defined in paragraph (5) of section 2334(e) of title 18,
United States Code, as added by subsection (c)(1) of this
section.
(2) Applicability.--This section, and the amendments made
by this section, shall apply to any case pending on or after
August 30, 2016.
(3) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section, the
amendments made by this section, and the application of such
provisions to any person or circumstance shall not be
affected thereby.
SEC. 904. DEBT RELIEF FOR SOMALIA.
(a) Debt Relief.--(1) Of the funds appropriated under
titles III and IV of division G of this Act and under such
titles in prior Acts making appropriations for the Department
of State, foreign operations, and related programs, not to
exceed $35,000,000 may be transferred to the ``Department of
the Treasury, Debt Restructuring'' account for the same
purposes and under the same authorities and conditions (other
than the period of availability) as other funds provided
under that heading for the cost, as defined in section 502 of
the Congressional Budget Act of 1974, of modifying loans and
loan guarantees, as the President may determine, or for the
cost of selling, reducing, or cancelling amounts owed to the
United States as a result of loans made to Somalia, in the
event that Somalia meets the domestic and internationally-
agreed conditions and the transfer is consistent with United
States law and foreign policy considerations.
(2) For the purposes of this section, no amounts may be
transferred from amounts designated for Overseas Contingency
Operations/Global War on Terrorism or as emergency
requirements pursuant to a concurrent resolution on the
budget or section
[[Page H10544]]
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(3) Prior to the initial obligation of funds made available
pursuant to this section, the Secretary of State shall submit
to the appropriate congressional committees a report on the
outcome of the Paris Club meeting on debt cancellation for
Somalia, the estimate of amounts needed and over what time
period, and the proposed sources of funds to be transferred
pursuant to this section: Provided, That such funds shall
also be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of such committees.
(b) Debt Restructuring.--Section 501(i) of title V of H.R.
3425, as enacted into law by section 1000(a)(5) of Public Law
106-113 (113 Stat. 1501A-313), as most recently amended by
section 699H(b)(1) of division J of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
2372), is further amended by striking ``2000-2010'' and
inserting ``2000-2021''.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
DIVISION K--NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN
SEC. 101. SHORT TITLE.
This division may be cited as the ``National Law
Enforcement Museum Commemorative Coin Act''.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) In 2000, Congress passed and President William J.
Clinton signed into law the National Law Enforcement Museum
Act (Public Law 106-492), which authorized the National Law
Enforcement Officers Memorial Fund, Inc., to build the
National Law Enforcement Museum on Federal land in the
District of Columbia to honor and commemorate the service and
sacrifice of law enforcement officers in the United States.
(2) In April 2016, construction began on the National Law
Enforcement Museum in the District of Columbia across the
street from the National Law Enforcement Officers Memorial in
Judiciary Square.
(3) The National Law Enforcement Museum formally opened in
October of 2018.
(4) The National Law Enforcement Museum's mission is--
(A) to honor and commemorate the extraordinary service and
sacrifice of America's law enforcement officers;
(B) to serve as an important bridge between law
enforcement's past and present, between the heroes of
yesteryear and those who have followed in their footsteps,
and between America's peace officers and the public they
serve;
(C) increase public understanding and support for law
enforcement and to promote law enforcement safety; and
(D) strengthen the relationship between law enforcement and
the communities they serve with thought-provoking programs at
the Museum and around the country that promote dialogue on
topics of current interest.
SEC. 103. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury
(hereafter in this Act referred to as the ``Secretary'')
shall mint and issue the following coin:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain not less than 90 percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar coins
contained in section 5112(b) of title 31, United States Code.
(b) Legal Tender.--The coins minted under this Act shall be
legal tender, as provided in section 5103 of title 31, United
States Code.
(c) Numismatic Items.--For purposes of section 5134 of
title 31, United States Code, all coins minted under this Act
shall be considered to be numismatic items.
SEC. 104. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the National Law Enforcement
Museum and the service and sacrifice of law enforcement
officers throughout the history of the United States.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2021''; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(b) Selection.--The design for the coins minted under this
Act shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the National Law Enforcement
Officers Memorial Fund, Inc.; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 105. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be
issued in uncirculated and proof qualities.
(b) Mint Facilities.--Only one facility of the United
States Mint may be used to strike any particular quality of
the coins minted under this Act.
(c) Period for Issuance.--The Secretary may issue coins
minted under this Act only during the 1-year period beginning
on January 1, 2021.
SEC. 106. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be
sold by the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 107(a) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the
coins issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of
such coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 107. SURCHARGES.
(a) In General.--All sales of coins issued under this Act
shall include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f)(1) of title
31, United States Code, all surcharges received by the
Secretary from the sale of coins issued under this Act shall
be promptly paid by the Secretary to the National Law
Enforcement Officers Memorial Fund, Inc., for educational and
outreach programs and exhibits.
(c) Audits.--The National Law Enforcement Officers Memorial
Fund, Inc., shall be subject to the audit requirements of
section 5134(f)(2) of title 31, United States Code, with
regard to the amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no
surcharge may be included with respect to the issuance under
this Act of any coin during a calendar year if, as of the
time of such issuance, the issuance of such coin would result
in the number of commemorative coin programs issued during
such year to exceed the annual two commemorative coin program
issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment
of this Act). The Secretary of the Treasury may issue
guidance to carry out this subsection.
SEC. 108. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary
to ensure that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 107 until
the total cost of designing and issuing all of the coins
authorized by this Act (including labor, materials, dies, use
of machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code.
DIVISION L--DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS
SEC. 101. SHORT TITLE.
This division may be cited as the ``DHS Cyber Hunt and
Incident Response Teams Act of 2019''.
SEC. 102. DEPARTMENT OF HOMELAND SECURITY CYBER HUNT AND
INCIDENT RESPONSE TEAMS.
(a) In General.--Section 2209 of the Homeland Security Act
of 2002 (6 U.S.C. 659) is amended--
(1) in subsection (d)(1)(B)(iv), by inserting ``, including
cybersecurity specialists'' after ``entities'';
(2) by redesignating subsections (f) through (m) as
subsections (g) through (n), respectively;
(3) by inserting after subsection (e) the following:
``(f) Cyber Hunt and Incident Response Teams.--
``(1) In general.--The Center shall maintain cyber hunt and
incident response teams for the purpose of leading Federal
asset response activities and providing timely technical
assistance to Federal and non-Federal entities, including
across all critical infrastructure sectors, regarding actual
or potential security incidents, as appropriate and upon
request, including--
``(A) assistance to asset owners and operators in restoring
services following a cyber incident;
``(B) identification and analysis of cybersecurity risk and
unauthorized cyber activity;
``(C) mitigation strategies to prevent, deter, and protect
against cybersecurity risks;
``(D) recommendations to asset owners and operators for
improving overall network and control systems security to
lower cybersecurity risks, and other recommendations, as
appropriate; and
``(E) such other capabilities as the Secretary determines
appropriate.
[[Page H10545]]
``(2) Associated metrics.--The Center shall--
``(A) define the goals and desired outcomes for each cyber
hunt and incident response team; and
``(B) develop metrics--
``(i) to measure the effectiveness and efficiency of each
cyber hunt and incident response team in achieving the goals
and desired outcomes defined under subparagraph (A); and
``(ii) that--
``(I) are quantifiable and actionable; and
``(II) the Center shall use to improve the effectiveness
and accountability of, and service delivery by, cyber hunt
and incident response teams.
``(3) Cybersecurity specialists.--After notice to, and with
the approval of, the entity requesting action by or technical
assistance from the Center, the Secretary may include
cybersecurity specialists from the private sector on a cyber
hunt and incident response team.''; and
(4) in subsection (g), as so redesignated--
(A) in paragraph (1), by inserting ``, or any team or
activity of the Center,'' after ``Center''; and
(B) in paragraph (2), by inserting ``, or any team or
activity of the Center,'' after ``Center''.
(b) Report.--
(1) Definitions.--In this subsection--
(A) the term ``Center'' means the national cybersecurity
and communications integration center established under
section 2209(b) of the Homeland Security Act of 2002 (6
U.S.C. 659(b));
(B) the term ``cyber hunt and incident response team''
means a cyber hunt and incident response team maintained
under section 2209(f) of the Homeland Security Act of 2002 (6
U.S.C. 659(f)), as added by this Act; and
(C) the term ``incident'' has the meaning given the term in
section 2209(a) of the Homeland Security Act of 2002 (6
U.S.C. 659(a)).
(2) Report.--At the conclusion of each of the first 4
fiscal years after the date of enactment of the DHS Cyber
Hunt and Incident Response Teams Act of 2019, the Center
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report
that includes--
(A) information relating to the metrics used for evaluation
and assessment of the cyber hunt and incident response teams
and operations under section 2209(f)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 659(f)(2)), as added by this
Act, including the resources and staffing of those cyber hunt
and incident response teams; and
(B) for the period covered by the report--
(i) the total number of incident response requests
received;
(ii) the number of incident response tickets opened; and
(iii) a statement of--
(I) all interagency staffing of cyber hunt and incident
response teams; and
(II) the interagency collaborations established to support
cyber hunt and incident response teams.
(c) No Additional Funds Authorized.--No additional funds
are authorized to be appropriated to carry out the
requirements of this Act and the amendments made by this Act.
Such requirements shall be carried out using amounts
otherwise authorized to be appropriated.
DIVISION M--BIPARTISAN AMERICAN MINERS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Bipartisan American
Miners Act of 2019''.
SEC. 102. TRANSFERS TO 1974 UMWA PENSION PLAN.
(a) In General.--Subsection (i) of section 402 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232) is amended--
(1) in paragraph (3)(A), by striking ``$490,000,000'' and
inserting ``$750,000,000'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Additional amounts.--
``(A) Calculation.--If the dollar limitation specified in
paragraph (3)(A) exceeds the aggregate amount required to be
transferred under paragraphs (1) and (2) for a fiscal year,
the Secretary of the Treasury shall transfer an additional
amount equal to the difference between such dollar limitation
and such aggregate amount to the trustees of the 1974 UMWA
Pension Plan to pay benefits required under that plan.
``(B) Cessation of transfers.--The transfers described in
subparagraph (A) shall cease as of the first fiscal year
beginning after the first plan year for which the funded
percentage (as defined in section 432(j)(2) of the Internal
Revenue Code of 1986) of the 1974 UMWA Pension Plan is at
least 100 percent.
``(C) Prohibition on benefit increases, etc.--During a
fiscal year in which the 1974 UMWA Pension Plan is receiving
transfers under subparagraph (A), no amendment of such plan
which increases the liabilities of the plan by reason of any
increase in benefits, any change in the accrual of benefits,
or any change in the rate at which benefits become
nonforfeitable under the plan may be adopted unless the
amendment is required as a condition of qualification under
part I of subchapter D of chapter 1 of the Internal Revenue
Code of 1986.
``(D) Critical status to be maintained.--Until such time as
the 1974 UMWA Pension Plan ceases to be eligible for the
transfers described in subparagraph (A)--
``(i) the Plan shall be treated as if it were in critical
status for purposes of sections 412(b)(3), 432(e)(3), and
4971(g)(1)(A) of the Internal Revenue Code of 1986 and
sections 302(b)(3) and 305(e)(3) of the Employee Retirement
Income Security Act;
``(ii) the Plan shall maintain and comply with its
rehabilitation plan under section 432(e) of such Code and
section 305(e) of such Act, including any updates thereto;
and
``(iii) the provisions of subsections (c) and (d) of
section 432 of such Code and subsections (c) and (d) of
section 305 of such Act shall not apply.
``(E) Treatment of transfers for purposes of withdrawal
liability under erisa.--The amount of any transfer made under
subparagraph (A) (and any earnings attributable thereto)
shall be disregarded in determining the unfunded vested
benefits of the 1974 UMWA Pension Plan and the allocation of
such unfunded vested benefits to an employer for purposes of
determining the employer's withdrawal liability under section
4201 of the Employee Retirement Income Security Act of 1974.
``(F) Requirement to maintain contribution rate.--A
transfer under subparagraph (A) shall not be made for a
fiscal year unless the persons that are obligated to
contribute to the 1974 UMWA Pension Plan on the date of the
transfer are obligated to make the contributions at rates
that are no less than those in effect on the date which is 30
days before the date of enactment of the Bipartisan American
Miners Act of 2019.
``(G) Enhanced annual reporting.--
``(i) In general.--Not later than the 90th day of each plan
year beginning after the date of enactment of the Bipartisan
American Miners Act of 2019, the trustees of the 1974 UMWA
Pension Plan shall file with the Secretary of the Treasury or
the Secretary's delegate and the Pension Benefit Guaranty
Corporation a report (including appropriate documentation and
actuarial certifications from the plan actuary, as required
by the Secretary of the Treasury or the Secretary's delegate)
that contains--
``(I) whether the plan is in endangered or critical status
under section 305 of the Employee Retirement Income Security
Act of 1974 and section 432 of the Internal Revenue Code of
1986 as of the first day of such plan year;
``(II) the funded percentage (as defined in section
432(j)(2) of such Code) as of the first day of such plan
year, and the underlying actuarial value of assets and
liabilities taken into account in determining such
percentage;
``(III) the market value of the assets of the plan as of
the last day of the plan year preceding such plan year;
``(IV) the total value of all contributions made during the
plan year preceding such plan year;
``(V) the total value of all benefits paid during the plan
year preceding such plan year;
``(VI) cash flow projections for such plan year and either
the 6 or 10 succeeding plan years, at the election of the
trustees, and the assumptions relied upon in making such
projections;
``(VII) funding standard account projections for such plan
year and the 9 succeeding plan years, and the assumptions
relied upon in making such projections;
``(VIII) the total value of all investment gains or losses
during the plan year preceding such plan year;
``(IX) any significant reduction in the number of active
participants during the plan year preceding such plan year,
and the reason for such reduction;
``(X) a list of employers that withdrew from the plan in
the plan year preceding such plan year, and the resulting
reduction in contributions;
``(XI) a list of employers that paid withdrawal liability
to the plan during the plan year preceding such plan year
and, for each employer, a total assessment of the withdrawal
liability paid, the annual payment amount, and the number of
years remaining in the payment schedule with respect to such
withdrawal liability;
``(XII) any material changes to benefits, accrual rates, or
contribution rates during the plan year preceding such plan
year;
``(XIII) any scheduled benefit increase or decrease in the
plan year preceding such plan year having a material effect
on liabilities of the plan;
``(XIV) details regarding any funding improvement plan or
rehabilitation plan and updates to such plan;
``(XV) the number of participants and beneficiaries during
the plan year preceding such plan year who are active
participants, the number of participants and beneficiaries in
pay status, and the number of terminated vested participants
and beneficiaries;
``(XVI) the information contained on the most recent annual
funding notice submitted by the plan under section 101(f) of
the Employee Retirement Income Security Act of 1974;
``(XVII) the information contained on the most recent
Department of Labor Form 5500 of the plan; and
``(XVIII) copies of the plan document and amendments, other
retirement benefit or ancillary benefit plans relating to the
plan and contribution obligations under such plans, a
breakdown of administrative expenses of the plan, participant
census data and distribution of benefits, the most recent
actuarial
[[Page H10546]]
valuation report as of the plan year, copies of collective
bargaining agreements, and financial reports, and such other
information as the Secretary of the Treasury or the
Secretary's delegate, in consultation with the Secretary of
Labor and the Director of the Pension Benefit Guaranty
Corporation, may require.
``(ii) Electronic submission.--The report required under
clause (i) shall be submitted electronically.
``(iii) Information sharing.--The Secretary of the Treasury
or the Secretary's delegate shall share the information in
the report under clause (i) with the Secretary of Labor.
``(iv) Penalty.--Any failure to file the report required
under clause (i) on or before the date described in such
clause shall be treated as a failure to file a report
required to be filed under section 6058(a) of the Internal
Revenue Code of 1986, except that section 6652(e) of such
Code shall be applied with respect to any such failure by
substituting `$100' for `$25'. The preceding sentence shall
not apply if the Secretary of the Treasury or the Secretary's
delegate determines that reasonable diligence has been
exercised by the trustees of such plan in attempting to
timely file such report.
``(H) 1974 umwa pension plan defined.--For purposes of this
paragraph, the term `1974 UMWA Pension Plan' has the meaning
given the term in section 9701(a)(3) of the Internal Revenue
Code of 1986, but without regard to the limitation on
participation to individuals who retired in 1976 and
thereafter.''.
(b) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to fiscal years beginning after September 30, 2016.
(2) Reporting requirements.--Section 402(i)(4)(G) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(i)(4)(G)), as added by this section, shall apply to plan
years beginning after the date of the enactment of this Act.
SEC. 103. INCLUSION IN MULTIEMPLOYER HEALTH BENEFIT PLAN.
Section 402(h)(2)(C) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is
amended--
(1) by striking ``the Health Benefits for Miners Act of
2017'' both places it appears in clause (ii) and inserting
``the Bipartisan American Miners Act of 2019'';
(2) by striking ``, would be denied or reduced as a result
of a bankruptcy proceeding commenced in 2012 or 2015'' in
clause (ii)(II) and inserting ``or a related coal wage
agreement, would be denied or reduced as a result of a
bankruptcy proceeding commenced in 2012, 2015, 2018, or
2019'';
(3) by striking ``and'' at the end of clause (ii)(I), by
striking the period at the end of clause (ii)(II) and
inserting ``; and'', and by inserting after clause (ii)(II)
the following new subclause:
``(III) the cost of administering the resolution of
disputes process administered (as of the date of the
enactment of the Bipartisan American Miners Act of 2019) by
the Trustees of the Plan.'',
(4) by striking ``January 1, 2017'' in clause (ii) and
inserting ``January 1, 2019''; and
(5) by adding at the end the following new clause:
``(vi) Related coal wage agreement.--For purposes of clause
(ii), the term `related coal wage agreement' means an
agreement between the United Mine Workers of America and an
employer in the bituminous coal industry that--
``(I) is a signatory operator; or
``(II) is or was a debtor in a bankruptcy proceeding that
was consolidated, administratively or otherwise, with the
bankruptcy proceeding of a signatory operator or a related
person to a signatory operator (as those terms are defined in
section 9701(c) of the Internal Revenue Code of 1986).''.
SEC. 104. REDUCTION IN MINIMUM AGE FOR ALLOWABLE IN-SERVICE
DISTRIBUTIONS.
(a) In General.--Section 401(a)(36) of the Internal Revenue
Code of 1986 is amended by striking ``age 62'' and inserting
``age 59\1/2\''.
(b) Application to Governmental Section 457(b) Plans.--
Clause (i) of section 457(d)(1)(A) of the Internal Revenue
Code of 1986 is amended by inserting ``(in the case of a plan
maintained by an employer described in subsection (e)(1)(A),
age 59\1/2\)'' before the comma at the end.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2019.
DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS
TITLE I--HEALTH AND HUMAN SERVICES EXTENDERS
Subtitle A--Medicare Provisions
Sec. 101. Extension of the work geographic index floor under the
Medicare program.
Sec. 102. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 103. Extension of funding outreach and assistance for low-income
programs.
Sec. 104. Extension of appropriations to the Patient-Centered Outcomes
Research Trust Fund; extension of certain health
insurance fees.
Sec. 105. Laboratory Access for Beneficiaries.
Sec. 106. Exclusion of complex rehabilitative manual wheelchairs from
medicare competitive acquisition program; non-application
of medicare fee-schedule adjustments for certain
wheelchair accessories and cushions.
Sec. 107. Extending pass-through status for certain drugs under part B
of the Medicare program.
Sec. 108. Hematopoietic stem cell acquisition payments.
Subtitle B--Medicaid Provisions
Sec. 201. Extension of Community Mental Health Services demonstration
program.
Sec. 202. Medicaid funding for the territories.
Sec. 203. Delay of DSH reductions.
Sec. 204. Extension of spousal impoverishment protections.
Sec. 205. Extension of the Money Follows the Person rebalancing
demonstration program.
Subtitle C--Human Services and Other Health Programs
Sec. 301. Extension of demonstration projects to address health
professions workforce needs.
Sec. 302. Extension of the temporary assistance for needy families
program and related programs.
Sec. 303. Extension of sexual risk avoidance education program.
Sec. 304. Extension of personal responsibility education program.
Subtitle D--Public Health Provisions
Sec. 401. Extension for community health centers, the national health
service corps, and teaching health centers that operate
GME programs.
Sec. 402. Diabetes programs.
Sec. 403. Poison Center Network Enhancement.
Sec. 404. Kay Hagan Tick Act.
Subtitle E--Revenue Provisions
Sec. 501. Repeal of medical device excise tax.
Sec. 502. Repeal of annual fee on health insurance providers.
Sec. 503. Repeal of excise tax on high cost employer-sponsored health
coverage.
Subtitle F--Miscellaneous Provisions
Sec. 601. Alaska native regional health entities.
Sec. 602. Addressing expiration of child welfare demonstration projects
and supporting Family First implementation.
Sec. 603 Minimum age of sale of tobacco products.
Sec. 604. Sale of tobacco products to individuals under the age of 21.
Sec. 605. Biological product definition.
Sec. 606. Protecting access to biological products.
Sec. 607. Streamlining the transition of biological products.
Sec. 608. Reenrollment of certain individuals in qualified health plans
in certain Exchanges.
Sec. 609. Protection of silver loading practice.
Sec. 610. Actions for delays of generic drugs and biosimilar biological
products.
Subtitle A--Medicare Provisions
SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER
THE MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w-4(e)(1)(E)) is amended by striking ``January 1, 2020''
and inserting ``May 23, 2020''.
SEC. 102. 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 ``$1,665,000 for the
period beginning on October 1, 2019, and ending on December
20, 2019'' and inserting ``$4,830,000 for the period
beginning on October 1, 2019, and ending on May 22, 2020'';
and
(2) in the third sentence, by striking ``December 20,
2019,'' and inserting ``May 22, 2020''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
Further Continuing Appropriations Act, 2020, and Further
Health Extenders Act of 2019 (Public Law 116-69).
SEC. 103. 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), section 1402 of the Continuing
Appropriations Act, 2020, and Health Extenders Act of 2019
(Public Law 116-59), and section 1402 of the Further
Continuing Appropriations Act, 2020, and Further Health
Extenders Act of 2019 (Public Law 116-69), is amended--
(1) in clause (x), by striking ``and'' at the end;
[[Page H10547]]
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new
clause:
``(xii) for the period beginning on December 21, 2019, and
ending on May 22, 2020, of $5,485,000.''.
(b) Additional Funding for Area Agencies on Aging.--
Subsection (b)(1)(B) of such section 119, as so amended, is
amended--
(1) in clause (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new
clause:
``(xii) for the period beginning on December 21, 2019, and
ending on May 22, 2020, of $3,165,000.''.
(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 (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new
clause:
``(xii) for the period beginning on December 21, 2019, and
ending on May 22, 2020, of $2,110,000.''.
(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 (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new
clause:
``(xii) for the period beginning on December 21, 2019, and
ending on May 22, 2020, of $5,063,000.''.
SEC. 104. EXTENSION OF APPROPRIATIONS TO THE PATIENT-CENTERED
OUTCOMES RESEARCH TRUST FUND; EXTENSION OF
CERTAIN HEALTH INSURANCE FEES.
(a) In General.--Section 9511 of the Internal Revenue Code
of 1986 is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting after subparagraph (E) the following new
subparagraph:
``(F) For each of fiscal years 2020 through 2029--
``(i) an amount equivalent to the net revenues received in
the Treasury from the fees imposed under subchapter B of
chapter 34 (relating to fees on health insurance and self-
insured plans) for such fiscal year; and
``(ii) the applicable amount (as defined in paragraph (4))
for the fiscal year.''; and
(ii) by striking ``and (E)(ii)'' in the last sentence and
inserting ``(E)(ii), and (F)(ii)''; and
(B) by adding at the end the following new paragraph:
``(4) Applicable amount defined.--In paragraph (1)(F)(ii),
the term `applicable amount' means--
``(A) for fiscal year 2020, $275,500,000;
``(B) for fiscal year 2021, $285,000,000;
``(C) for fiscal year 2022, $293,500,000;
``(D) for fiscal year 2023, $311,500,000;
``(E) for fiscal year 2024, $320,000,000;
``(F) for fiscal year 2025, $338,000,000;
``(G) for fiscal year 2026, $355,500,000;
``(H) for fiscal year 2027, $363,500,000;
``(I) for fiscal year 2028, $381,000,000; and
``(J) for fiscal year 2029, $399,000,000.'';
(2) in subsection (d)(2)(A), by striking ``2019'' and
inserting ``2029''; and
(3) in subsection (f), by striking ``December 20, 2019''
and inserting ``September 30, 2029''.
(b) Health Insurance Policies.--Section 4375(e) of the
Internal Revenue Code of 1986 is amended by striking ``2019''
and inserting ``2029''.
(c) Self-insured Health Plans.--Section 4376(e) of the
Internal Revenue Code of 1986 is amended by striking ``2019''
and inserting ``2029''.
(d) Identification of Research Priorities.--Subsection
(d)(1)(A) of section 1181 of the Social Security Act (42
U.S.C. 1320e) is amended by adding at the end the following:
``Such national priorities shall include research with
respect to intellectual and developmental disabilities and
maternal mortality. Such priorities should reflect a balance
between long-term priorities and short-term priorities, and
be responsive to changes in medical evidence and in health
care treatments.''.
(e) Consideration of Full Range of Outcomes Data.--
Subsection (d)(2) of such section 1181 is amended by adding
at the end the following subparagraph:
``(F) Consideration of full range of outcomes data.--
Research shall be designed, as appropriate, to take into
account and capture the full range of clinical and patient-
centered outcomes relevant to, and that meet the needs of,
patients, clinicians, purchasers, and policy-makers in making
informed health decisions. In addition to the relative health
outcomes and clinical effectiveness, clinical and patient-
centered outcomes shall include the potential burdens and
economic impacts of the utilization of medical treatments,
items, and services on different stakeholders and decision-
makers respectively. These potential burdens and economic
impacts include medical out-of-pocket costs, including health
plan benefit and formulary design, non-medical costs to the
patient and family, including caregiving, effects on future
costs of care, workplace productivity and absenteeism, and
healthcare utilization.''.
(f) Board Composition.--Subsection (f) of such section 1181
is amended--
(1) in paragraph (1)--
(A) in subparagraph (C)--
(i) in the matter preceding clause (i)--
(I) by striking ``Seventeen'' and inserting ``At least
nineteen, but no more than twenty-one''; and
(II) by striking ``, not later than 6 months after the date
of enactment of this section,''; and
(ii) in clause (iii), by striking ``3'' and inserting ``at
least 3, but no more than 5''; and
(2) in paragraph (3)--
(A) in the first sentence--
(i) by striking the ``the members'' and inserting
``members''; and
(ii) by inserting the following before the period at the
end: ``to the extent necessary to preserve the evenly
staggered terms of the Board.''; and
(B) by inserting the following after the first sentence:
``Any member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was
appointed shall be appointed for the remainder of that term
and thereafter may be eligible for reappointment to a full
term. A member may serve after the expiration of that
member's term until a successor has been appointed.''.
(g) Methodology Committee Appointments.--Such section 1181
is amended--
(1) in subsection (d)(6)(B), by striking ``Comptroller
General of the United States'' and inserting ``Board''; and
(2) in subsection (h)(4)--
(A) in subparagraph (A)(ii), by striking ``Comptroller
General'' and inserting ``Board''; and
(B) in the first sentence of subparagraph (B), by striking
``and of the Government Accountability Office''.
(h) Reports by the Comptroller General of the United
States.--Subsection (g)(2)(A) of such section 1181 is
amended--
(1) by striking clause (iv) and inserting the following:
``(iv) Not less frequently than every 5 years, the overall
effectiveness of activities conducted under this section and
the dissemination, training, and capacity building activities
conducted under section 937 of the Public Health Service Act.
Such review shall include the following:
``(I) A description of those activities and the financial
commitments related to research, training, data capacity
building, and dissemination and uptake of research findings.
``(II) The extent to which the Institute and the Agency for
Healthcare Research and Quality have collaborated with
stakeholders, including provider and payer organizations, to
facilitate the dissemination and uptake of research findings.
``(III) An analysis of available data and performance
metrics, such as the estimated public availability and
dissemination of research findings and uptake and utilization
of research findings in clinical guidelines and decision
support tools, on the extent to which such research findings
are used by health care decision-makers, the effect of the
dissemination of such findings on changes in medical practice
and reducing practice variation and disparities in health
care, and the effect of the research conducted and
disseminated on innovation and the health care economy of the
United States.''; and
(2) by adding at the end the following new clause:
``(vi) Not less frequently than every 5 years, any barriers
that researchers funded by the Institute have encountered in
conducting studies or clinical trials, including challenges
covering the cost of any medical treatments, services, and
items described in subsection (a)(2)(B) for purposes of the
research study.''.
SEC. 105. LABORATORY ACCESS FOR BENEFICIARIES.
(a) Amendments Relating to Reporting Requirements With
Respect to Clinical Diagnostic Laboratory Tests.--
(1) Revised reporting period for reporting of private
sector payment rates for establishment of medicare payment
rates.--Section 1834A(a) of the Social Security Act (42
U.S.C. 1395m-1(a)) is amended--
(A) in paragraph (1)--
(i) by striking ``Beginning January 1, 2016'' and inserting
the following:
``(A) General reporting requirements.--Subject to
subparagraph (B), beginning January 1, 2016'';
(ii) in subparagraph (A), as added by subparagraph (A) of
this paragraph, by inserting ``(referred to in this
subsection as the `reporting period')'' after ``at a time
specified by the Secretary''; and
(iii) by adding at the end the following:
``(B) Revised reporting period.--In the case of reporting
with respect to clinical diagnostic laboratory tests that are
not advanced diagnostic laboratory tests, the Secretary shall
revise the reporting period under subparagraph (A) such
that--
``(i) no reporting is required during the period beginning
January 1, 2020, and ending December 31, 2020;
``(ii) reporting is required during the period beginning
January 1, 2021, and ending March 31, 2021; and
``(iii) reporting is required every three years after the
period described in clause (ii).''; and
(B) in paragraph (4)--
(i) by striking ``In this section'' and inserting the
following:
[[Page H10548]]
``(A) In general.--Subject to subparagraph (B), in this
section''; and
(ii) by adding at the end the following:
``(B) Exception.--In the case of the reporting period
described in paragraph (1)(B)(ii) with respect to clinical
diagnostic laboratory tests that are not advanced diagnostic
laboratory tests, the term `data collection period' means the
period beginning January 1, 2019, and ending June 30,
2019.''.
(2) Corrections relating to phase-in of reductions from
private payor rate implementation.--Section 1834A(b)(3) of
the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is
amended--
(A) in subparagraph (A), by striking ``through 2022'' and
inserting ``through 2023''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``through 2019'' and
inserting ``through 2020''; and
(ii) in clause (ii), by striking ``2020 through 2022'' and
inserting ``2021 through 2023''.
(b) Study and Report by MedPAC.--
(1) In general.--The Medicare Payment Advisory Commission
(in this subsection referred to as the ``Commission'') shall
conduct a study to review the methodology the Administrator
of the Centers for Medicare & Medicaid Services has
implemented for the private payor rate-based clinical
laboratory fee schedule under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.).
(2) Scope of study.--In carrying out the study described in
paragraph (1), the Commission shall consider the following:
(A) How best to implement the least burdensome data
collection process required under section 1834A(a)(1) of such
Act (42 U.S.C. 1395m-1(a)(1)) that would--
(i) result in a representative and statistically valid data
sample of private market rates from all laboratory market
segments, including hospital outreach laboratories, physician
office laboratories, and independent laboratories; and
(ii) consider the variability of private payor payment
rates across market segments.
(B) Appropriate statistical methods for estimating rates
that are representative of the market.
(3) Report to congress.--Not later than 18 months after the
date of the enactment of this Act, the Commission shall
submit to the Administrator, the Committee on Finance of the
Senate, and the Committees on Ways and Means and Energy and
Commerce of the House of Representatives a report that
includes--
(A) conclusions about the methodology described in
paragraph (1); and
(B) any recommendations the Commission deems appropriate.
SEC. 106. EXCLUSION OF COMPLEX REHABILITATIVE MANUAL
WHEELCHAIRS FROM MEDICARE COMPETITIVE
ACQUISITION PROGRAM; NON-APPLICATION OF
MEDICARE FEE-SCHEDULE ADJUSTMENTS FOR CERTAIN
WHEELCHAIR ACCESSORIES AND CUSHIONS.
(a) Exclusion of Complex Rehabilitative Manual Wheelchairs
From Competitive Acquisition Program.--Section 1847(a)(2)(A)
of the Social Security Act (42 U.S.C. 1395w-3(a)(2)(A)) is
amended--
(1) by inserting ``, complex rehabilitative manual
wheelchairs (as determined by the Secretary), and certain
manual wheelchairs (identified, as of October 1, 2018, by
HCPCS codes E1235, E1236, E1237, E1238, and K0008 or any
successor to such codes)'' after ``group 3 or higher''; and
(2) by striking ``such wheelchairs'' and inserting ``such
complex rehabilitative power wheelchairs, complex
rehabilitative manual wheelchairs, and certain manual
wheelchairs''.
(b) Non-application of Medicare Fee Schedule Adjustments
for Wheelchair Accessories and Seat and Back Cushions When
Furnished in Connection With Complex Rehabilitative Manual
Wheelchairs.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services shall not,
during the period beginning on January 1, 2020, and ending on
June 30, 2021, use information on the payment determined
under the competitive acquisition programs under section 1847
of the Social Security Act (42 U.S.C. 1395w-3) to adjust the
payment amount that would otherwise be recognized under
section 1834(a)(1)(B)(ii) of such Act (42 U.S.C.
1395m(a)(1)(B)(ii)) for wheelchair accessories (including
seating systems) and seat and back cushions when furnished in
connection with complex rehabilitative manual wheelchairs (as
determined by the Secretary), and certain manual wheelchairs
(identified, as of October 1, 2018, by HCPCS codes E1235,
E1236, E1237, E1238, and K0008 or any successor to such
codes).
(2) Implementation.--Notwithstanding any other provision of
law, the Secretary may implement this subsection by program
instruction or otherwise.
SEC. 107. EXTENDING PASS-THROUGH STATUS FOR CERTAIN DRUGS
UNDER PART B OF THE MEDICARE PROGRAM.
(a) In General.--Section 1833(t)(6) of the Social Security
Act (42 U.S.C. 1395l(t)(6)) is amended--
(1) in subparagraph (E)(i), by striking ``2018'' and
inserting ``2018 or 2020''; and
(2) by adding at the end the following new subparagraph:
``(J) Additional pass-through extension and special payment
adjustment rule for certain diagnostic
radiopharmaceuticals.--In the case of a drug or biological
furnished in the context of a clinical study on diagnostic
imaging tests approved under a coverage with evidence
development determination whose period of pass-through status
under this paragraph concluded on December 31, 2018, and for
which payment under this subsection was packaged into a
payment for a covered OPD service (or group of services)
furnished beginning January 1, 2019, the Secretary shall--
``(i) extend such pass-through status for such drug or
biological for the 9-month period beginning on January 1,
2020;
``(ii) remove, during such period, the packaged costs of
such drug or biological (as determined by the Secretary) from
the payment amount under this subsection for the covered OPD
service (or group of services) with which it is packaged; and
``(iii) not make any adjustments to payment amounts under
this subsection for a covered OPD service (or group of
services) for which no costs were removed under clause
(ii).''.
(b) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Service may implement
the amendments made by subsection (a) by program instruction
or otherwise.
SEC. 108. HEMATOPOIETIC STEM CELL ACQUISITION PAYMENTS.
Section 1886 of the Social Security Act (42 U.S.C. 1395ww)
is amended--
(1) in subsection (a)(4), in the second sentence, by
inserting ``for cost reporting periods beginning on or after
October 1, 2020, costs related to hematopoietic stem cell
acquisition for the purpose of an allogeneic hematopoietic
stem cell transplant (as described in subsection
(d)(5)(M)),'' after ``October 1, 1987),'';
(2) in subsection (d)--
(A) in paragraph (4)(C)(iii)--
(i) by inserting ``or payments under paragraph (5)(M)
(beginning with fiscal year 2021)'' after ``fiscal year
1991)''; and
(ii) by inserting ``or payments under paragraph (5)(M)''
before the period at the end; and
(B) in paragraph (5), by adding at the end the following
new subparagraph:
``(M)(i) For cost reporting periods beginning on or after
October 1, 2020, in the case of a subsection (d) hospital
that furnishes an allogeneic hematopoietic stem cell
transplant to an individual during such a period, payment to
such hospital for hematopoietic stem cell acquisition shall
be made on a reasonable cost basis. The items included in
such hematopoietic stem cell acquisition shall be specified
by the Secretary through rulemaking.
``(ii) For purposes of this subparagraph, the term
`allogeneic hematopoietic stem cell transplant' means, with
respect to an individual, the intravenous infusion of
hematopoietic cells derived from bone marrow, peripheral
blood stem cells, or cord blood, but not including embryonic
stem cells, of a donor to an individual that are or may be
used to restore hematopoietic function in such individual
having an inherited or acquired deficiency or defect.''.
Subtitle B--Medicaid Provisions
SEC. 201. 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
``December 20, 2019'' and inserting ``May 22, 2020''.
SEC. 202. MEDICAID FUNDING FOR THE TERRITORIES.
(a) Treatment of Cap.--Section 1108(g) of the Social
Security Act (42 U.S.C. 1308(g)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``subject to and section 1323(a)(2) of the Patient Protection
and Affordable Care Act paragraphs (3) and (5)'' and
inserting ``subject to section 1323(a)(2) of the Patient
Protection and Affordable Care Act and paragraphs (3) and
(5)'';
(B) in subparagraph (A)--
(i) by striking ``Puerto Rico shall not exceed the sum of''
and inserting ``Puerto Rico shall not exceed--
``(i) except as provided in clause (ii), the sum of'';
(ii) by striking ``$100,000;'' and inserting ``$100,000;
and''; and
(iii) by adding at the end the following new clause:
``(ii) for each of fiscal years 2020 through 2021, the
amount specified in paragraph (6) for each such fiscal
year;'';
(C) in subparagraph (B)--
(i) by striking ``the Virgin Islands shall not exceed the
sum of'' and inserting ``the Virgin Islands shall not
exceed--
``(i) except as provided in clause (ii), the sum of'';
(ii) by striking ``$10,000;'' and inserting ``$10,000;
and''; and
(iii) by adding at the end the following new clause:
``(ii) for each of fiscal years 2020 through 2021,
$126,000,000;'';
(D) in subparagraph (C)--
(i) by striking ``Guam shall not exceed the sum of'' and
inserting ``Guam shall not exceed--
``(i) except as provided in clause (ii), the sum of'';
(ii) by striking ``$10,000;'' and inserting ``$10,000;
and''; and
(iii) by adding at the end the following new clause:
[[Page H10549]]
``(ii) for each of fiscal years 2020 through 2021,
$127,000,000;'';
(E) in subparagraph (D)--
(i) by striking ``the Northern Mariana Islands shall not
exceed the sum of'' and inserting ``the Northern Mariana
Islands shall not exceed--
``(i) except as provided in clause (ii), the sum of''; and
(ii) by adding at the end the following new clause:
``(ii) for each of fiscal years 2020 through 2021,
$60,000,000; and'';
(F) in subparagraph (E)--
(i) by striking ``American Samoa shall not exceed the sum
of'' and inserting ``American Samoa shall not exceed--
``(i) except as provided in clause (ii), the sum of'';
(ii) by striking ``$10,000.'' and inserting ``$10,000;
and''; and
(iii) by adding at the end the following new clause:
``(ii) for each of fiscal years 2020 through 2021,
$84,000,000.''; and
(G) by adding at the end the following flush sentence:
``For each fiscal year after fiscal year 2021, the total
amount certified for Puerto Rico, the Virgin Islands, Guam,
the Northern Mariana Islands, and American Samoa under
subsection (f) and this subsection for the fiscal year shall
be determined as if the preceding subparagraphs were applied
to each of fiscal years 2020 through 2021 without regard to
clause (ii) of each such subparagraph.''; and
(2) by adding at the end the following new paragraphs:
``(6) Application to puerto rico for fiscal years 2020
through 2021.--
``(A) In general.--Subject to subparagraph (B), the amount
specified in this paragraph is--
``(i) for fiscal year 2020, $2,623,188,000; and
``(ii) for fiscal year 2021, $2,719,072,000.
``(B) Additional increase for puerto rico.--
``(i) In general.--For each of fiscal years 2020 through
2021, the amount specified in this paragraph for the fiscal
year shall be equal to the amount specified for such fiscal
year under subparagraph (A) increased by $200,000,000 if the
Secretary certifies that, with respect to such fiscal year,
Puerto Rico's State plan under title XIX (or a waiver of such
plan) establishes a reimbursement floor, implemented through
a directed payment arrangement plan, for physician services
that are covered under the Medicare part B fee schedule in
the Puerto Rico locality established under section 1848(b)
that is not less than 70 percent of the payment that would
apply to such services if they were furnished under part B of
title XVIII during such fiscal year.
``(ii) Application to managed care.--In certifying whether
Puerto Rico has established a reimbursement floor under a
directed payment arrangement plan that satisfies the
requirements of clause (i)--
``(I) for fiscal year 2020, the Secretary shall apply such
requirements to payments for physician services under a
managed care contract entered into or renewed after the date
of enactment of this paragraph and disregard payments for
physician services under any managed care contract that was
entered into prior to such date; and
``(II) for each of fiscal years 2020 through 2021--
``(aa) the Secretary shall disregard payments made under
sub-capitated arrangements for services such as primary care
case management; and
``(bb) if the reimbursement floor for physician services
applicable under a managed care contract satisfies the
requirements of clause (i) for the fiscal year in which the
contract is entered into or renewed, such reimbursement floor
shall be deemed to satisfy such requirements for the
subsequent fiscal year.
``(7) Puerto rico program integrity requirements.--
``(A) In general.--
``(i) Program integrity lead.--Not later than 6 months
after the date of enactment of this paragraph, the agency
responsible for the administration of Puerto Rico's Medicaid
program under title XIX shall designate an officer (other
than the director of such agency) to serve as the Program
Integrity Lead for such program.
``(ii) PERM requirement.--Not later than 18 months after
the date of enactment of this paragraph, Puerto Rico shall
publish a plan, developed by Puerto Rico in coordination with
the Administrator of the Centers for Medicare & Medicaid
Services and approved by the Administrator, for how Puerto
Rico will develop measures to satisfy the payment error rate
measurement (PERM) requirements under subpart Q of part 431
of title 42, Code of Federal Regulations (or any successor
regulation).
``(iii) Contracting reform.--Not later than 12 months after
the date of enactment of this paragraph, Puerto Rico shall
publish a contracting reform plan to combat fraudulent,
wasteful, or abusive contracts under Puerto Rico's Medicaid
program under title XIX that includes--
``(I) metrics for evaluating the success of the plan; and
``(II) a schedule for publicly releasing status reports on
the plan.
``(iv) MEQC.--Not later than 18 months after the date of
enactment of this paragraph, Puerto Rico shall publish a
plan, developed by Puerto Rico in coordination with the
Administrator of the Centers for Medicare & Medicaid Services
and approved by the Administrator, for how Puerto Rico will
comply with the Medicaid eligibility quality control (MEQC)
requirements of subpart P of part 431 of title 42, Code of
Federal Regulations (or any successor regulation).
``(B) FMAP reduction for failure to meet additional
requirements.--
``(i) In general.--For each fiscal quarter during the
period beginning on January 1, 2020, and ending on September
30, 2021:
``(I) For every clause under subparagraph (A) with respect
to which Puerto Rico does not fully satisfy the requirements
described in the clause (including requirements imposed under
the terms of a plan described in the clause) in the fiscal
quarter, the Federal medical assistance percentage applicable
to Puerto Rico under section 1905(ff) shall be reduced by the
number of percentage points determined for the clause and
fiscal quarter under subclause (II).
``(II) The number of percentage points determined under
this subclause with respect to a clause under subparagraph
(A) and a fiscal quarter shall be the number of percentage
points (not to exceed 2.5 percentage points) equal to--
``(aa) 0.25 percentage points; multiplied by
``(bb) the total number of consecutive fiscal quarters for
which Puerto Rico has not fully satisfied the requirements
described in such clause.
``(ii) Exception for extenuating circumstances or
reasonable progress.--For purposes of clause (i), Puerto Rico
shall be deemed to have fully satisfied the requirements of a
clause under subparagraph (A) (including requirements imposed
under the terms of a plan described in the clause) for a
fiscal quarter if--
``(I) the Secretary approves an application from Puerto
Rico describing extenuating circumstances that prevented
Puerto Rico from fully satisfying the requirements of the
clause; or
``(II) in the case of a requirement imposed under the terms
of a plan described in a clause under subparagraph (A),
Puerto Rico has made objectively reasonable progress towards
satisfying such terms and has submitted a timely request for
an exception to the imposition of a penalty to the Secretary.
``(8) Program integrity lead requirement for the virgin
islands, guam, the northern mariana islands, and american
samoa.--
``(A) Program integrity lead requirement.--Not later than
October 1, 2020, the agency responsible for the
administration of the Medicaid program under title XIX of
each territory specified in subparagraph (C) shall designate
an officer (other than the director of such agency) to serve
as the Program Integrity Lead for such program.
``(B) FMAP reduction.--For each fiscal quarter during
fiscal year 2021, if the territory fails to satisfy the
requirement of subparagraph (A) for the fiscal quarter, the
Federal medical assistance percentage applicable to the
territory under section 1905(ff) for such fiscal quarter
shall be reduced by the number of percentage points (not to
exceed 5 percentage points) equal to--
``(i) 0.25 percentage points; multiplied by
``(ii) the total number of fiscal quarters during the
fiscal year in which the territory failed to satisfy such
requirement.
``(C) Scope.--This paragraph shall apply to the Virgin
Islands, Guam, the Northern Mariana Islands, and American
Samoa.''.
(b) Treatment of Funding Under Enhanced Allotment
Program.--Section 1935(e) of the Social Security Act (42
U.S.C. 1396u-5(e)) is amended--
(1) in paragraph (1)(B), by striking ``if the State'' and
inserting ``subject to paragraph (4), if the State'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) Treatment of funding for certain fiscal years.--
Notwithstanding paragraph (1)(B), in the case that Puerto
Rico, the Virgin Islands, Guam, the Northern Mariana Islands,
or American Samoa establishes and submits to the Secretary a
plan described in paragraph (2) with respect to any of fiscal
years 2020 through 2021, the amount specified for such a year
in paragraph (3) for Puerto Rico, the Virgin Islands, Guam,
the Northern Mariana Islands, or American Samoa, as the case
may be, shall be taken into account in applying, as
applicable, subparagraph (A)(ii), (B)(ii), (C)(ii), (D)(ii),
or (E)(ii) of section 1108(g)(2) for such year.''.
(c) Increased FMAP.--Subsection (ff) of section 1905 of the
Social Security Act (42 U.S.C. 1396d) is amended to read as
follows:
``(ff) Temporary Increase in FMAP for Territories for
Certain Fiscal Years.--Notwithstanding subsection (b) or
(z)(2)--
``(1) for the period beginning October 1, 2019, and ending
December 20, 2019, the Federal medical assistance percentage
for Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, and American Samoa shall be equal to 100
percent;
``(2) subject to section 1108(g)(7)(C), for the period
beginning December 21, 2019, and ending September 30, 2021,
the Federal medical assistance percentage for Puerto Rico
shall be equal to 76 percent; and
``(3) subject to section 1108(g)(8)(B), for the period
beginning December 21, 2019, and ending September 30, 2021,
the Federal medical assistance percentage for the Virgin
Islands, Guam, the Northern Mariana Islands, and American
Samoa shall be equal to 83 percent.''.
(d) Annual Report.--Section 1108(g) of the Social Security
Act (42 U.S.C. 1308(g)), as
[[Page H10550]]
amended by subsection (a), is further amended by adding at
the end the following new paragraph:
``(9) Annual report.--
``(A) In general.--Not later than the date that is 30 days
after the end of each fiscal year (beginning with fiscal year
2020 and ending with fiscal year 2021), in the case that a
specified territory receives a Medicaid cap increase, or an
increase in the Federal medical assistance percentage for
such territory under section 1905(ff), for such fiscal year,
such territory shall submit to the Chair and Ranking Member
of the Committee on Energy and Commerce of the House of
Representatives and the Chair and Ranking Member of the
Committee on Finance of the Senate a report, employing the
most up-to-date information available, that describes how
such territory has used such Medicaid cap increase, or such
increase in the Federal medical assistance percentage, as
applicable, to increase access to health care under the State
Medicaid plan of such territory under title XIX (or a waiver
of such plan). Such report may include--
``(i) the extent to which such territory has, with respect
to such plan (or waiver)--
``(I) increased payments to health care providers;
``(II) increased covered benefits;
``(III) expanded health care provider networks; or
``(IV) improved in any other manner the carrying out of
such plan (or waiver); and
``(ii) any other information as determined necessary by
such territory.
``(B) Definitions.--In this paragraph:
``(i) Medicaid cap increase.--The term `Medicaid cap
increase' means, with respect to a specified territory and
fiscal year, any increase in the amounts otherwise determined
under this subsection for such territory for such fiscal year
by reason of the amendments made by section 202 of division N
of the Further Consolidated Appropriations Act, 2020.
``(ii) Specified territory.--The term `specified territory'
means Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, and American Samoa.''.
(e) Application of Certain Data Reporting and Program
Integrity Requirements to Northern Mariana Islands, American
Samoa, and Guam.--
(1) In general.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended by adding at the end the
following new subsection:
``(qq) Application of Certain Data Reporting and Program
Integrity Requirements to Northern Mariana Islands, American
Samoa, and Guam.--
``(1) In general.--Not later than October 1, 2021, the
Northern Mariana Islands, American Samoa, and Guam shall--
``(A) demonstrate progress in implementing methods,
satisfactory to the Secretary, for the collection and
reporting of reliable data to the Transformed Medicaid
Statistical Information System (T-MSIS) (or a successor
system); and
``(B) demonstrate progress in establishing a State medicaid
fraud control unit described in section 1903(q).
``(2) Determination of progress.--For purposes of paragraph
(1), the Secretary shall deem that a territory described in
such paragraph has demonstrated satisfactory progress in
implementing methods for the collection and reporting of
reliable data or establishing a State medicaid fraud control
unit if the territory has made a good faith effort to
implement such methods or establish such a unit, given the
circumstances of the territory.''.
(2) Conforming amendment.--Section 1902(j) of the Social
Security Act (42 U.S.C. 1396a(j)) is amended--
(A) by striking ``or the requirement'' and inserting ``,
the requirement''; and
(B) by inserting before the period at the end the
following: ``, or the requirement under subsection (qq)(1)
(relating to data reporting)''.
(3) Reevaluation of waivers of medicaid fraud control unit
requirement.--
(A) In general.--Not later than the date that is 1 year
after the date of enactment of this Act, the Secretary of
Health and Human Services shall reevaluate any waiver
approved (and in effect as of the date of enactment of this
Act) for Guam, the Northern Mariana Islands, or American
Samoa under subsection (a)(61) or subsection (j) of section
1902 of the Social Security Act (42 U.S.C.1396a) with respect
to the requirement to establish a State medicaid fraud
control unit (as described in section 1903(q) of such Act (42
U.S.C. 1396b(q))).
(B) Rule of construction.--Nothing in this paragraph shall
be construed as requiring the Secretary of Health and Human
Services to terminate or refuse to extend a waiver described
in subparagraph (A).
(f) Additional Program Integrity Requirements.--
(1) Definitions.--In this subsection:
(A) Inspector general.--The term ``Inspector General''
means the Inspector General of the Department of Health and
Human Services.
(B) Puerto rico's medicaid program.--The term ``Puerto
Rico's Medicaid program'' means, collectively, Puerto Rico's
State plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) and any waiver of such plan.
(2) Report on contracting oversight and approval.--Not
later than 1 year after the date of enactment of this Act,
the Comptroller General of the United States shall issue, and
submit to the Chair and Ranking Member of the Committee on
Energy and Commerce of the House of Representatives and the
Chair and Ranking Member of the Committee on Finance of the
Senate, a report on contracting oversight and approval with
respect to Puerto Rico's State plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of
such plan). Such report shall--
(A) examine--
(i) the process used by Puerto Rico to evaluate bids and
award contracts under such plan (or waiver);
(ii) which contracts are not subject to competitive bidding
or requests for proposals under such plan (or waiver); and
(iii) oversight by the Centers for Medicare & Medicaid
Services of contracts awarded under such plan (or waiver);
and
(B) include any recommendations for Congress, the Secretary
of Health and Human Services, or Puerto Rico relating to
changes that the Comptroller General determines necessary to
improve the program integrity of such plan (or waiver).
(3) Audits of managed care payments.--Not later than the
date that is 1 year after the date of enactment of this Act,
the Inspector General shall develop and submit to Congress--
(A) a report identifying payments made under Puerto Rico's
Medicaid program to managed care organizations that the
Inspector General determines to be at high risk for waste,
fraud, or abuse; and
(B) a plan for auditing and investigating such payments.
(4) System for tracking federal funding provided to puerto
rico; medicaid and chip scorecard reporting.--Section 1902 of
the Social Security Act (42 U.S.C. 1396a), as amended by
subsection (e), is further amended by adding at the end the
following new subsection:
``(rr) Program Integrity Requirements for Puerto Rico.--
``(1) System for tracking federal medicaid funding provided
to puerto rico.--
``(A) In general.--Puerto Rico shall establish and maintain
a system, which may include the use of a quarterly Form CMS-
64, for tracking any amounts paid by the Federal Government
to Puerto Rico with respect to the State plan of Puerto Rico
(or a waiver of such plan). Under such system, Puerto Rico
shall ensure that information is available, with respect to
each quarter in a fiscal year (beginning with the first
quarter beginning on or after the date that is 1 year after
the date of the enactment of this subsection), on the
following:
``(i) In the case of a quarter other than the first quarter
of such fiscal year--
``(I) the total amount expended by Puerto Rico during any
previous quarter of such fiscal year under the State plan of
Puerto Rico (or a waiver of such plan); and
``(II) a description of how such amount was so expended.
``(ii) The total amount that Puerto Rico expects to expend
during the quarter under the State plan of Puerto Rico (or a
waiver of such plan), and a description of how Puerto Rico
expects to expend such amount.
``(B) Report to cms.--For each quarter with respect to
which Puerto Rico is required under subparagraph (A) to
ensure that information described in such subparagraph is
available, Puerto Rico shall submit to the Administrator of
the Centers for Medicare & Medicaid Services a report on such
information for such quarter, which may include the
submission of a quarterly Form CMS-37.
``(2) Submission of documentation on contracts upon
request.--Puerto Rico shall, upon request, submit to the
Administrator of the Centers for Medicare & Medicaid Services
all documentation requested with respect to contracts awarded
under the State plan of Puerto Rico (or a waiver of such
plan).
``(3) Reporting on medicaid and chip scorecard measures.--
Beginning 12 months after the date of enactment of this
subsection, Puerto Rico shall begin to report to the
Administrator of the Centers for Medicare & Medicaid Services
on selected measures included in the Medicaid and CHIP
Scorecard developed by the Centers for Medicare & Medicaid
Services.''.
(5) Appropriation.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the
Secretary of Health and Human Services $5,000,000 for each of
fiscal years 2020 through 2021 to carry out this subsection.
SEC. 203. DELAY OF DSH REDUCTIONS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.
1396r-4(f)(7)(A)) is amended by striking ``December 21,
2019'' each place it appears and inserting ``May 23, 2020''.
SEC. 204. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) In General.--Section 2404 of Public Law 111-148 (42
U.S.C. 1396r-5 note) is amended by striking ``December 31,
2019'' and inserting ``May 22, 2020''.
(b) Rule of Construction.--Nothing in section 2404 of
Public Law 111-148 (42 U.S.C. 1396r-5 note) or section
1902(a)(17) or 1924 of the Social Security Act (42 U.S.C.
1396a(a)(17), 1396r-5) shall be construed as prohibiting a
State from--
(1) applying an income or resource disregard under a
methodology authorized under section 1902(r)(2) of such Act
(42 U.S.C. 1396a(r)(2))--
(A) to the income or resources of an individual described
in section
[[Page H10551]]
1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C.
1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income
or resources of such individual's spouse); or
(B) on the basis of an individual's need for home and
community-based services authorized under subsection (c),
(d), (i), or (k) of section 1915 of such Act (42 U.S.C.
1396n) or under section 1115 of such Act (42 U.S.C. 1315); or
(2) disregarding an individual's spousal income and assets
under a plan amendment to provide medical assistance for home
and community-based services for individuals by reason of
being determined eligible under section 1902(a)(10)(C) of
such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section
1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the
basis of a reduction of income based on costs incurred for
medical or other remedial care under which the State
disregarded the income and assets of the individual's spouse
in determining the initial and ongoing financial eligibility
of an individual for such services in place of the spousal
impoverishment provisions applied under section 1924 of such
Act (42 U.S.C. 1396r-5).
SEC. 205. EXTENSION OF THE MONEY FOLLOWS THE PERSON
REBALANCING DEMONSTRATION PROGRAM.
Section 6071(h) of the Deficit Reduction Act of 2005 (42
U.S.C. 1396a note) is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by striking ``and'' after the
semicolon;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(G) subject to paragraph (3), $176,000,000 for the period
beginning on January 1, 2020, and ending on May 22, 2020.'';
and
(2) in paragraph (3)--
(A) in the paragraph header, by striking ``for fy 2019'';
and
(B) by striking ``paragraph (1)(F)'' and inserting
``subparagraphs (F) and (G) of paragraph (1)''.
Subtitle C--Human Services and Other Health Programs
SEC. 301. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS
HEALTH PROFESSIONS WORKFORCE NEEDS.
Activities authorized by section 2008 of the Social
Security Act shall continue through May 22, 2020, 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. 302. 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 May
22, 2020, 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.
SEC. 303. 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 ``December 20, 2019'' and inserting ``May
22, 2020'';
(B) in paragraph (2)(A), by striking ``December 20, 2019''
and inserting ``May 22, 2020''; and
(2) in subsection (f)(1), by striking ``$16,643,836 for the
period beginning October 1, 2019, and ending December 20,
2019'' and inserting ``$48,287,671 for the period beginning
October 1, 2019, and ending May 22, 2020''.
SEC. 304. 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 ``December 20, 2019'' and inserting ``May
22, 2020'';
(B) in subparagraph (B)(i), by striking by striking
``December 20, 2019'' and inserting ``May 22, 2020''; and
(2) in subsection (f), by striking ``$16,643,836 for the
period beginning October 1, 2019, and ending December 20,
2019'' and inserting ``$48,287,671 for the period beginning
October 1, 2019, and ending May 22, 2020''.
Subtitle D--Public Health Provisions
SEC. 401. 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 ``$887,671,223'' and inserting
``$2,575,342,466''; and
(2) striking ``December 20, 2019'' and inserting ``May 22,
2020''.
(b) National Health Service Corps.--Section 10503(b)(2)(G)
of the Patient Protection and Affordable Care Act (42 U.S.C.
254b-2(b)(2)(G)) is amended--
(1) by striking ``$68,794,521'' and inserting
``$199,589,041''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
(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 ``$28,072,603'' and inserting
``$81,445,205''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
(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 May 22,
2020, 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 116-69, is amended by
striking ``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'' and
inserting ``, and section 401(d) of division N of the Further
Consolidated Appropriations Act, 2020''.
SEC. 402. 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 ``$33,287,671'' and inserting
``$96,575,342''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
(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 ``$33,287,671'' and inserting
``$96,575,342''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
SEC. 403. POISON CENTER NETWORK ENHANCEMENT.
(a) National Toll-free Number.--Section 1271 of the Public
Health Service Act (42 U.S.C. 300d-71) is amended--
(1) in the section heading, by inserting before the period
the following: ``and other communication capabilities''; and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary--
``(1) shall provide coordination and assistance to poison
control centers for the establishment and maintenance of a
nationwide toll-free phone number, to be used to access such
centers; and
``(2) may provide coordination and assistance to poison
control centers and consult with professional organizations
for the establishment, implementation, and maintenance of
other communication technologies to be used to access such
centers.'';
(3) by redesignating subsection (b) as subsection (c);
(4) by inserting after subsection (a) the following:
``(b) Routing Contacts With Poison Control Centers.--Not
later than 18 months after the date of enactment of this
subsection, the Secretary shall coordinate with the Chairman
of the Federal Communications Commission, to the extent
technically and economically feasible, to ensure that
communications with the national toll-free number are routed
to the appropriate poison control center based on the
physical location of the contact rather than the area code of
the contact device.''; and
(5) in subsection (c), as so redesignated--
(A) by striking ``2015 through 2019'' and inserting ``2020
through 2024''; and
(B) by striking ``maintenance of the nationwide toll free
phone number under subsection (a)'' and inserting
``establishment, implementation, and maintenance activities
carried out under subsections (a) and (b)''.
(b) Nationwide Media Campaign.--Section 1272 of the Public
Health Service Act (42 U.S.C. 300d-72) is amended--
(1) in the section heading, by striking ``nationwide media
campaign to promote'' and inserting ``promoting'';
(2) in subsection (a)--
(A) by inserting ``and support outreach to'' after
``educate'';
(B) by striking ``poison prevention'' and inserting
``poisoning and toxic exposure prevention''; and
(C) by striking ``established under'' and inserting ``and
other available communication technologies established,
implemented, or maintained under'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``nationwide poison prevention'' and inserting ``nationwide
poisoning and toxic exposure prevention''; and
(B) in paragraph (1), by striking ``poison prevention and
poison control center'' and inserting ``poisoning and toxic
exposure prevention awareness materials, applicable public
health emergency preparedness and response information, and
poison control center'' after ``distribution of''; and
(4) by striking subsection (c);
(5) by redesignating subsection (d) as subsection (c); and
(6) in subsection (c) (as so redesignated), by striking
``2015 through 2019'' and inserting ``2020 through 2024''.
(c) Maintenance of Program.--Section 1273 of the Public
Health Service Act (42 U.S.C. 300d-73) is amended--
(1) in subsection (a), by inserting ``and toxic exposures''
after ``poisonings''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``for poison'' and inserting ``for
poisoning and toxic exposure''; and
[[Page H10552]]
(ii) by striking ``and preparedness'' and inserting
``preparedness and response'';
(B) in paragraph (3)--
(i) by striking ``United States and'' and inserting
``United States,''; and
(ii) by inserting before the semicolon the following: ``,
and other government agencies as determined to be appropriate
and nonduplicative by the Secretary''; and
(C) in paragraph (8), by striking ``calls'' and inserting
``contacts'';
(3) in subsection (d) , by striking paragraph (3) and
inserting the following:
``(3) Limitation.--
``(A) In general.--The sum of the number of years for a
waiver under paragraph (1) and a renewal under paragraph (2)
may not exceed 5 years.
``(B) Public health emergency.--Notwithstanding any
previous waivers, in the case of a poison control center
whose accreditation is affected by a public health emergency
declared pursuant to section 319, the Secretary may, as the
circumstances of the emergency reasonably require, provide a
waiver under paragraph (1) or a renewal under paragraph (2),
not to exceed 2 years. The Secretary may require quarterly
reports and other information related to such a waiver or
renewal under this paragraph.'';
(4) by striking subsection (f) and inserting the following:
``(f) Maintenance of Effort.--With respect to activities
for which a grant is awarded under this section, the
Secretary may require that poison control centers agree to
maintain the expenditures of the center for such activities
at a level that is not less than the level of expenditures
maintained by the center for the fiscal year preceding the
fiscal year for which the grant is received.'';
(5) In subsection (g), by striking ``2015 through 2019''
and inserting ``2020 through 2024''; and
(6) by adding at the end the following:
``(h) Biennial Report to Congress.--Not later than 2 years
after the date of enactment of this subsection, and every 2
years thereafter, the Secretary shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and
Committee on Energy and Commerce of the House of
Representatives a report concerning the operations of, and
trends identified by, the Poison Control Network. Such report
shall include--
``(1) descriptions of the activities carried out pursuant
to sections 1271, 1272, and 1273, and the alignment of such
activities with the purposes provided under subsection (a);
``(2) a description of trends in volume of contacts to
poison control centers;
``(3) a description of trends in poisonings and toxic
exposures reported to poison control centers, as applicable
and appropriate;
``(4) an assessment of the impact of the public awareness
campaign, including any geographic variations;
``(5) a description of barriers, if any, preventing poison
control centers from achieving the purposes and programs
under this section and sections 1271 and 1272;
``(6) a description of the standards for accreditation
described in subsection (c), including any variations in
those standards, and any efforts to create and maintain
consistent standards across organizations that accredit
poison control centers; and
``(7) the number of and reason for any waivers provided
under subsection (d).''.
SEC. 404. KAY HAGAN TICK ACT.
(a) Short Title.--This section may be cited as the ``Kay
Hagan Tick Act''.
(b) Combating Vector-borne Diseases.--Title III of the
Public Health Service Act is amended by inserting after
section 317T (42 U.S.C. 247b-22) the following:
``SEC. 317U. NATIONAL STRATEGY AND REGIONAL CENTERS OF
EXCELLENCE IN VECTOR-BORNE DISEASES.
``(a) In General.--The Secretary shall--
``(1)(A) ensure the development and implementation of a
national strategy to address vector-borne diseases, including
tick-borne diseases, that--
``(i) identifies and assesses gaps and any unnecessary
duplication in federally-funded programs; and
``(ii) identifies strategic goals to address such diseases
and appropriate benchmarks to measure progress toward
achieving such goals; and
``(B) update such strategy, as appropriate; and
``(2) coordinate programs and activities, including related
to data collection, research, and the development of
diagnostics, treatments, vaccines, and other related
activities, to address vector-borne diseases, including tick-
borne diseases, across the Department of Health and Human
Services and with other Federal agencies or departments, as
appropriate.
``(b) Consultation.--In carrying out subsection (a)(1), the
Secretary shall consult with the Tick-Borne Disease Working
Group established under section 2062 of the 21st Century
Cures Act (42 U.S.C. 284s) and other individuals, as
appropriate, such as--
``(1) epidemiologists with experience in vector-borne
diseases;
``(2) representatives of patient advocacy and research
organizations that focus on vector-borne diseases, including
such organizations that have demonstrated experience in
related research, public health, data collection, or patient
access to care;
``(3) health information technology experts or other
information management specialists;
``(4) clinicians, entomologists, vector management
professionals, public health professionals, and others with
expertise in vector-borne diseases; and
``(5) researchers, including researchers with experience
conducting translational research.
``(c) Centers of Excellence.--The Secretary, in
coordination with the Director of the Centers for Disease
Control and Prevention, shall award grants, contracts, or
cooperative agreements to institutions of higher education
for the establishment or continued support of regional
centers of excellence in vector-borne diseases to address
vector-borne diseases, including tick-borne diseases, by--
``(1) facilitating collaboration between academia and
public health organizations for public health surveillance,
prevention, and response activities related to vector-borne
diseases, including tick-borne diseases;
``(2) providing training for public health entomologists
and other health care professionals, as appropriate, to
address vector-borne diseases, including tick-borne diseases;
``(3) conducting research to develop and validate
prevention and control tools and methods, including evidence-
based and innovative, evidence-informed tools and methods to
anticipate and respond to disease outbreaks; or
``(4) preparing for and responding to outbreaks of vector-
borne diseases, including tick-borne diseases.
``(d) Eligibility.--To be eligible to receive a grant,
contract, or cooperative agreement under subsection (c), an
entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, including a description of how the
entity will conduct the activities described in such
subsection.
``(e) Reports.--
``(1) Program summary.--An entity receiving an award under
subsection (c) shall, not later than one year after receiving
such award, and annually thereafter, submit to the Secretary
a summary of programs and activities funded under the award.
``(2) Progress report.--Not later than 4 years after the
date of enactment of this section, the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives, a report on the progress made in
addressing vector-borne diseases, including tick-borne
diseases, through activities carried out under this section.
``(f) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $10,000,000 for each of fiscal years 2021
through 2025.''.
(c) Enhancing Capacity to Address Vector-borne Diseases.--
Subtitle C of title XXVIII of the Public Health Service Act
(42 U.S.C. 300hh-31 et seq.) is amended by adding at the end
the following:
``SEC. 2822. ENHANCED SUPPORT TO ASSIST HEALTH DEPARTMENTS IN
ADDRESSING VECTOR-BORNE DISEASES.
``(a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
may enter into cooperative agreements with health departments
of States, political subdivisions of States, and Indian
Tribes and Tribal organizations in areas at high risk of
vector-borne diseases in order to increase capacity to
identify, report, prevent, and respond to such diseases and
related outbreaks.
``(b) Eligibility.--To be eligible to enter into a
cooperative agreement under this section, an entity described
in subsection (a) shall prepare and submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require, including a
plan that describes--
``(1) how the applicant proposes to develop or expand
programs to address vector-borne disease risks, including
through--
``(A) related training and workforce development;
``(B) programmatic efforts to improve capacity to identify,
report, prevent, and respond to such disease and related
outbreaks; and
``(C) other relevant activities identified by the Director
of the Centers for Disease Control and Prevention, as
appropriate;
``(2) the manner in which the applicant will coordinate
with other Federal, Tribal, and State agencies and programs,
as applicable, related to vector-borne diseases, as well as
other relevant public and private organizations or agencies;
and
``(3) the manner in which the applicant will evaluate the
effectiveness of any program carried out under the
cooperative agreement.
``(c) Authorization of Appropriations.--For the purposes of
carrying out this section, there are authorized to be
appropriated $20,000,000 for each of fiscal years 2021
through 2025.''.
Subtitle E--Revenue Provisions
SEC. 501. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of
1986 is amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of the Internal Revenue
Code of 1986 is amended by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
[[Page H10553]]
(c) Clerical Amendment.--The table of subchapters for
chapter 32 of the Internal Revenue Code of 1986 is amended by
striking the item relating to subchapter E.
(d) Effective Date.--The amendments made by this section
shall apply to sales after December 31, 2019.
SEC. 502. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.
(a) In General.--Subtitle A of title IX of the Patient
Protection and Affordable Care Act is amended by striking
section 9010.
(b) Effective Date.--The amendment made by this section
shall apply to calendar years beginning after December 31,
2020.
SEC. 503. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-
SPONSORED HEALTH COVERAGE.
(a) In General.--Chapter 43 of the Internal Revenue Code of
1986 is amended by striking section 4980I.
(b) Conforming Amendments.--
(1) Section 6051 of such Code is amended--
(A) by striking ``section 4980I(d)(1)'' in subsection
(a)(14) and inserting ``subsection (g)'', and
(B) by adding at the end the following new subsection:
``(g) Applicable Employer-Sponsored Coverage.--For purposes
of subsection (a)(14)--
``(1) In general.--The term `applicable employer-sponsored
coverage' means, with respect to any employee, coverage under
any group health plan made available to the employee by an
employer which is excludable from the employee's gross income
under section 106, or would be so excludable if it were
employer-provided coverage (within the meaning of such
section 106).
``(2) Exceptions.--The term `applicable employer-sponsored
coverage' shall not include--
``(A) any coverage (whether through insurance or otherwise)
described in section 9832(c)(1) (other than subparagraph (G)
thereof) or for long-term care,
``(B) any coverage under a separate policy, certificate, or
contract of insurance which provides benefits substantially
all of which are for treatment of the mouth (including any
organ or structure within the mouth) or for treatment of the
eye, or
``(C) any coverage described in section 9832(c)(3) the
payment for which is not excludable from gross income and for
which a deduction under section 162(l) is not allowable.
``(3) Coverage includes employee paid portion.--Coverage
shall be treated as applicable employer-sponsored coverage
without regard to whether the employer or employee pays for
the coverage.
``(4) Governmental plans included.--Applicable employer-
sponsored coverage shall include coverage under any group
health plan established and maintained primarily for its
civilian employees by the Government of the United States, by
the government of any State or political subdivision thereof,
or by any agency or instrumentality of any such
government.''.
(2) Section 9831(d)(1) of such Code is amended by striking
``except as provided in section 4980I(f)(4)''.
(3) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4980I.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2019.
Subtitle F--Miscellaneous Provisions
SEC. 601. 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 ``May 22, 2020'' for
``October 1, 2019''.
SEC. 602. ADDRESSING EXPIRATION OF CHILD WELFARE
DEMONSTRATION PROJECTS AND SUPPORTING FAMILY
FIRST IMPLEMENTATION.
(a) Short Title.--This section may be cited as the ``Family
First Transition Act''.
(b) Evidence Standard Transition.--
(1) Temporary suspension of requirement that at least 50
percent of a state's reimbursement for prevention and family
services and programs be for programs and services that meet
the well-supported practice requirement.--With respect to
quarters in fiscal years 2020 and 2021, section 474(a)(6)(A)
of the Social Security Act (42 U.S.C. 674(a)(6)(A)) shall be
applied without regard to clause (ii) of such section.
(2) Supported practices temporarily treated as well-
supported practices.--With respect to quarters in fiscal
years 2022 and 2023, practices that meet the criteria
specified for supported practices in section 471(e)(4)(C) of
the Social Security Act (42 U.S.C. 671(e)(4)(C)) shall be
considered well-supported practices for purposes of section
474(a)(6)(A)(ii) of such Act (42 U.S.C. 674(a)(6)(A)(ii)).
(c) Enhanced Funding for Transition Activities.--
(1) Transition funding.--
(A) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') to carry
out this subsection $500,000,000 for fiscal year 2020, which
shall remain available through fiscal year 2021.
(B) Distribution of funds.--
(i) In general.--The Secretary shall allot the amount
appropriated by subparagraph (A) of this paragraph in
accordance with section 423 of the Social Security Act (42
U.S.C. 623), and shall pay each State to which an allotment
is so made, the total amount so allotted, subject to clause
(ii) of this subparagraph.
(ii) Reservation of funds for indian tribes and tribal
organizations.--Before applying clause (i) of this
subparagraph, the Secretary shall reserve 3 percent of the
amount appropriated by subparagraph (A) of this paragraph for
allotment to the Indian tribes and tribal organizations with
a plan approved under subpart 1 of part B of title IV of the
Social Security Act, based on each tribe or tribal
organization's share of the total tribal child population
among all such tribes and tribal organizations.
(2) Funding certainty for states with expiring
demonstration projects.--
(A) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary, for payment to each State that
was operating a demonstration project approved under section
1130 of the Social Security Act on September 30, 2019, for
each fiscal year specified in subparagraph (B) of this
paragraph, an amount equal to the amount (if any) by which--
(i)(I) the applicable percentage for the fiscal year so
specified of the maximum capped allocation due to the State
or sub-State jurisdiction for fiscal year 2019 for foster
care maintenance, administration, or training costs, under
the demonstration project, as specified in section 4.3 of the
State waiver terms and conditions document capped allocation
payment table in effect on August 31, 2019; or
(II) if the terms and conditions do not specify a maximum
amount payable for fiscal year 2019 for the State or sub-
State jurisdiction (due to the use of a comparison
jurisdiction to ensure cost neutrality), the final cost
neutrality limit for the State or sub-State jurisdiction for
fiscal year 2018, as most recently reported by the State or
sub-State jurisdiction as of September 30, 2019, for foster
care maintenance, administration, or training costs under the
demonstration project that were included in the waiver;
exceeds
(ii) the total amount payable to the State or sub-State
jurisdiction under part E of title IV of such Act for the
fiscal year so specified for foster care expenditures
(whether payable under paragraph (1) or (3) of section 474(a)
of such Act) that were maintenance, administration, or
training costs of the demonstration project taken into
account by the Secretary in determining the total amount
referred to in clause (i) of this subparagraph.
(B) Applicable percentage defined.--In this subparagraph,
the term ``applicable percentage'' means--
(i) 90 percent, in the case of fiscal year 2020; or
(ii) 75 percent, in the case of fiscal year 2021.
(C) Special rule.--The calculation under subparagraph (A)
with respect to a State shall be made without regard to--
(i) any change approved after August 31, 2019, in the
capped allocation or the terms and conditions referred to in
clause (i) of subparagraph (A) with respect to the State; or
(ii) any change made after such date to the financial form
submitted by the State that is used in determining the capped
allocation.
(D) Distribution of funds.--Each State that receives funds
under this paragraph shall distribute the funds to
jurisdictions in the State that were operating demonstration
projects under section 1130 of the Social Security Act in a
manner consistent with each sub-State jurisdiction's
proportionate loss as compared with fiscal year 2019.
(E) Reconciliation process.--Each State seeking a payment
under this paragraph shall report expenditures pursuant to
part E of title IV of the Social Security Act (42 U.S.C. 670
et seq.) in a manner determined by the Secretary and the
Secretary shall account for any revisions to spending for
fiscal years 2020 and 2021 after the end of the respective
fiscal year that are reported by the State agency
administering the State plan approved under such part, and
received by the Department of Health and Human Services,
within 2 years after the last day of the fiscal quarter in
which the expenditure was made.
(F) Availability of funds.--The amounts made available for
payments to States under this paragraph for a fiscal year
shall remain available through the end of the third
succeeding fiscal year.
(3) Use of funds.--
(A) In general.--In addition to the purposes specified in
part B of title IV of the Social Security Act (42 U.S.C. 671
et seq.), a State may use funds provided under this
subsection for activities previously funded under a
demonstration project under section 1130 of such Act (42
U.S.C. 1320a-9) to reduce any adverse fiscal impacts as
jurisdictions transition funding sources for the projects,
and for activities directly associated with the
implementation of title VII of division E of Public Law 115-
123 (also known as the Family First Prevention Services Act).
(B) Limitation.--None of the funds provided under this
subsection may be used to match Federal funds under any
program.
(d) Reporting on Enhanced Funding for Transition
Activities.--
(1) In general.--Each State to which funds are paid under
subsection (c) of this section shall submit to the Secretary,
in a manner
[[Page H10554]]
specified by the Secretary, a written report on--
(A) how the grant is used to implement each part of title
VII of division E of Public Law 115-123 (also known as the
Family First Prevention Services Act), with a separate
statement with respect to each such part;
(B) all programs, services, and operational costs to which
the grant is put;
(C) the characteristics of the families and children served
by use of the grant; and
(D)(i) the use by the State of amounts provided for each
fiscal year to continue activities previously funded under a
waiver provided under section 1130 of the Social Security Act
(42 U.S.C. 1320a-9); and
(ii)(I) the plan of the State to transition the activities
so that needed activities can be provided under the State
plan approved under part E of title IV of the Social Security
Act (42 U.S.C. 670 et seq.); or
(II) if expenditures for the activities would not be
eligible for payment under the State plan approved under such
part E--
(aa) the reason therefor; and
(bb) the funding sources the State plans to use to cover
the costs of needed activities.
(2) Applicability of other laws.--For purposes of subpart 2
of part B of title IV of the Social Security Act (42 U.S.C.
629 et seq.), each report required by paragraph (1) of this
subsection shall be considered to be required by section
432(a)(8) of such Act (42 U.S.C. 629b(a)(8)), and shall
contain such additional information as the Secretary may
require.
(e) Definition of State.--In this section, the term
``State'' has the meaning given the term in section 431(a)(4)
of the Social Security Act (42 U.S.C. 629a(a)(4)).
(f) Renaming of Title IV-B-2 of the Social Security Act.--
The subpart heading for subpart 2 of part B of title IV of
the Social Security Act is amended by striking ``Promoting
Safe and Stable Families'' and inserting ``MaryLee Allen
Promoting Safe and Stable Families Program''.
(g) Effective Date.--This section and the amendments made
by this section shall take effect as if included in the
Bipartisan Budget Act of 2018 on the date of the enactment of
such Act.
(h) Technical Correction.--Section 50701 of the Bipartisan
Budget Act of 2018 (42 U.S.C. 1305 note; Public Law 115-123)
is amended by striking ``Bipartisan Budget Act of 2018'' and
inserting ``Family First Prevention Services Act''.
SEC. 603. MINIMUM AGE OF SALE OF TOBACCO PRODUCTS.
(a) In General.--Section 906(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 387f(d)) is amended--
(1) in paragraph (3)(A)(ii), by striking ``18 years'' and
inserting ``21 years''; and
(2) by adding at the end the following:
``(5) Minimum age of sale.--It shall be unlawful for any
retailer to sell a tobacco product to any person younger than
21 years of age.''.
(b) Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall publish in the Federal Register a final rule to update
the regulations issued under chapter IX of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 387 et seq.) as
appropriate, only to carry out the amendments made by
subsection (a), including to update all references to persons
younger than 18 years of age in subpart B of part 1140 of
title 21, Code of Federal Regulations, and to update the
relevant age verification requirements under such part 1140
to require age verification for individuals under the age of
30. Such final rule shall--
(A) take full effect not later than 90 days after the date
on which such final rule is published; and
(B) be deemed to be in compliance with all applicable
provisions of chapter 5 of title 5, United States Code and
all other provisions of law relating to rulemaking
procedures.
(2) Other regulations.--Prior to making amendments to part
1140 of title 21, Code of Federal Regulations other than the
amendments described in paragraph (1), the Secretary shall
promulgate a proposed rule in accordance with chapter 5 of
title 5, United States Code.
(c) Notification.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall provide written
notification to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives regarding the
progress of the Department of Health and Human Services
towards promulgating the final rule under subsection (b). If,
180 days after the date of enactment of this Act, such rule
has not been promulgated in accordance with subsection (b),
the Secretary shall provide a written notification and a
justification for the delay in rulemaking to such committees.
(d) Penalties for Violations.--
(1) In general.--Section 103(q)(2) of the Family Smoking
Prevention and Tobacco Control Act (Public Law 111-31) is
amended--
(A) in subparagraph (A), in the matter preceding clause
(i), by inserting ``section 906(d)(5) or of'' after
``violations of''; and
(B) in subparagraph (C), by inserting ``section 906(d)(5)
or of'' after ``a retailer of''.
(2) Repeated violations.--Section 303(f)(8) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(8)) is amended
by inserting ``section 906(d)(5) or of'' after ``repeated
violations of''.
(3) Misbranded products.--Section 903(a)(7)(B) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387c) is
amended by inserting ``section 906(d)(5) or of'' after
``violation of''.
SEC. 604. SALE OF TOBACCO PRODUCTS TO INDIVIDUALS UNDER THE
AGE OF 21.
(a) In General.--Section 1926 of the Public Health Service
Act (42 U.S.C. 300x-26) is amended--
(1) in the heading--
(A) by striking ``state law regarding''; and
(B) by striking ``18'' and inserting ``21'';
(2) by striking subsections (a) and (d);
(3) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(4) by amending subsection (a), as so redesignated, to read
as follows:
``(a) In General.--A funding agreement for a grant under
section 1921 is that the State involved will--
``(1) annually conduct random, unannounced inspections to
ensure that retailers do not sell tobacco products to
individuals under the age of 21; and
``(2) annually submit to the Secretary a report
describing--
``(A) the activities carried out by the State to ensure
that retailers do not sell tobacco products to individuals
under the age of 21;
``(B) the extent of success the State has achieved in
ensuring that retailers do not sell tobacco products to
individuals under the age of 21; and
``(C) the strategies to be utilized by the State to ensure
that retailers do not sell tobacco products to individuals
under the age of 21 during the fiscal year for which the
grant is sought.'';
(5) in subsection (b), as so redesignated--
(A) by striking paragraphs (1), (2), (3), and (4);
(B) by striking ``Before making'' and inserting the
following:
``(1) In general.--Before making'';
(C) by striking ``for the first applicable fiscal year or
any subsequent fiscal year'';
(D) by striking ``subsections (a) and (b)'' and inserting
``subsection (a)'';
(E) by striking ``equal to--'' and inserting ``up to 10
percent of the amount determined under section 1933 for the
State for the applicable fiscal year.''; and
(F) by adding at the end the following:
``(2) Limitation.--
``(A) In general.--A State shall not have funds withheld
pursuant to paragraph (1) if such State for which the
Secretary has made a determination of noncompliance under
such paragraph--
``(i) certifies to the Secretary by May 1 of the fiscal
year for which the funds are appropriated, consistent with
subparagraph (B), that the State will commit additional State
funds, in accordance with paragraph (1), to ensure that
retailers do not sell tobacco products to individuals under
21 years of age;
``(ii) agrees to comply with a negotiated agreement for a
corrective action plan that is approved by the Secretary and
carried out in accordance with guidelines issued by the
Secretary; or
``(iii) is a territory that receives less than $1,000,000
for a fiscal year under section 1921.
``(B) Certification.--
``(i) In general.--The amount of funds to be committed by a
State pursuant to subparagraph (A)(i) shall be equal to 1
percent of such State's substance abuse allocation determined
under section 1933 for each percentage point by which the
State misses the retailer compliance rate goal established by
the Secretary.
``(ii) State expenditures.--For a fiscal year in which a
State commits funds as described in clause (i), such State
shall maintain State expenditures for tobacco prevention
programs and for compliance activities at a level that is not
less than the level of such expenditures maintained by the
State for the preceding fiscal year, plus the additional
funds for tobacco compliance activities required under clause
(i). The State shall submit a report to the Secretary on all
State obligations of funds for such fiscal year and all State
expenditures for the preceding fiscal year for tobacco
prevention and compliance activities by program activity by
July 31 of such fiscal year.
``(iii) Discretion.--The Secretary shall exercise
discretion in enforcing the timing of the State obligation of
the additional funds required by the certification described
in subparagraph (A)(i) as late as July 31 of such fiscal
year.
``(C) Failure to certify.--If a State described in
subparagraph (A) fails to certify to the Secretary pursuant
to subparagraph (A)(i) or enter into, or comply with, a
negotiated agreement under subparagraph (A)(ii), the
Secretary may take action pursuant to paragraph (1).''; and
(6) by adding at the end the following:
``(c) Implementation of Reporting Requirements.--
``(1) Transition period.--The Secretary shall--
``(A) not withhold amounts under subsection (b) for the 3-
year period immediately following the date of enactment of
division N of the Further Consolidated Appropriations Act,
2020; and
``(B) use discretion in exercising its authority under
subsection (b) during the 2-year period immediately following
the 3-year period described in subparagraph (A), to allow for
a transition period for implementation of the reporting
requirements under subsection (a)(2).
[[Page H10555]]
``(2) Regulations or guidance.--Not later than 180 days
after the date of enactment of division N of the Further
Consolidated Appropriations Act, 2020, the Secretary shall
update regulations under part 96 of title 45, Code of Federal
Regulations or guidance on the retailer compliance rate goal
under subsection (b), the use of funds provided under section
1921 for purposes of meeting the requirements of this
section, and reporting requirements under subsection (a)(2).
``(3) Coordination.--The Secretary shall ensure the
Assistant Secretary for Mental Health and Substance Use
coordinates, as appropriate, with the Commissioner of Food
and Drugs to ensure that the technical assistance provided to
States under subsection (e) is consistent with applicable
regulations for retailers issued under part 1140 of title 21,
Code of Federal Regulations.
``(d) Transitional Grants.--
``(1) In general.--The Secretary shall award grants under
this subsection to each State that receives funding under
section 1921 to ensure compliance of each such State with
this section.
``(2) Use of funds.--A State receiving a grant under this
subsection--
``(A) shall use amounts received under such grant for
activities to plan for or ensure compliance in the State with
subsection (a); and
``(B) in the case of a State for which the Secretary has
made a determination under subsection (b) that the State is
prepared to meet, or has met, the requirements of subsection
(a), may use such funds for tobacco cessation activities,
strategies to prevent the use of tobacco products by
individuals under the age of 21, or allowable uses under
section 1921.
``(3) Supplement not supplant.--Grants under this
subsection shall be used to supplement and not supplant other
Federal, State, and local public funds provided for
activities under paragraph (2).
``(4) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated
$18,580,790 for each of fiscal years 2020 through 2024.
``(5) Sunset.--This subsection shall have no force or
effect after September 30, 2024.
``(e) Technical Assistance.--The Secretary shall provide
technical assistance to States related to the activities
required under this section.''.
(b) Report to Congress.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the status of
implementing the requirements of section 1926 of the Public
Health Service Act (42 U.S.C. 300x-26), as amended by
subsection (a), and a description of any technical assistance
provided under subsection (e) of such section, including the
number of meetings requested and held related to technical
assistance.
(c) Conforming Amendment.--Section 212 of division D of the
Consolidated Appropriations Act, 2010 (Public Law 111-117) is
repealed.
SEC. 605. BIOLOGICAL PRODUCT DEFINITION.
Section 351(i)(1) of the Public Health Service Act (42
U.S.C. 262(i)(1)) is amended by striking ``(except any
chemically synthesized polypeptide)''.
SEC. 606. PROTECTING ACCESS TO BIOLOGICAL PRODUCTS.
Section 351(k)(7) of the Public Health Service Act (42
U.S.C. 262(k)(7)) is amended by adding at the end the
following:
``(D) Deemed licenses.--
``(i) No additional exclusivity through deeming.--An
approved application that is deemed to be a license for a
biological product under this section pursuant to section
7002(e)(4) of the Biologics Price Competition and Innovation
Act of 2009 shall not be treated as having been first
licensed under subsection (a) for purposes of subparagraphs
(A) and (B).
``(ii) Application of limitations on exclusivity.--
Subparagraph (C) shall apply with respect to a reference
product referred to in such subparagraph that was the subject
of an approved application that was deemed to be a license
pursuant to section 7002(e)(4) of the Biologics Price
Competition and Innovation Act of 2009.
``(iii) Applicability.--The exclusivity periods described
in section 527, section 505A(b)(1)(A)(ii), and section
505A(c)(1)(A)(ii) of the Federal Food, Drug, and Cosmetic Act
shall continue to apply to a biological product after an
approved application for the biological product is deemed to
be a license for the biological product under subsection (a)
pursuant to section 7002(e)(4) of the Biologics Price
Competition and Innovation Act of 2009.''.
SEC. 607. STREAMLINING THE TRANSITION OF BIOLOGICAL PRODUCTS.
Section 7002(e)(4) of the Biologics Price Competition and
Innovation Act of 2009 (Public Law 111-148) is amended--
(1) by striking ``An approved application'' and inserting
the following:
``(A) In general.--An approved application''; and
(2) by adding at the end the following:
``(B) Treatment of certain applications.--
``(i) In general.--With respect to an application for a
biological product submitted under subsection (b) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) that is filed not later than March 23, 2019, and
is not approved as of March 23, 2020, the Secretary shall
continue to review such application under such section 505
after March 23, 2020.
``(ii) Effect on listed drugs.--Only for purposes of
carrying out clause (i), with respect to any applicable
listed drug with respect to such application, the following
shall apply:
``(I) Any drug that is a biological product that has been
deemed licensed under section 351 of the Public Health
Service Act (42 U.S.C. 262) pursuant to subparagraph (A) and
that is referenced in an application described in clause (i),
shall continue to be identified as a listed drug on the list
published pursuant to section 505(j)(7) of the Federal Food,
Drug, and Cosmetic Act, and the information for such drug on
such list shall not be revised after March 20, 2020, until--
``(aa) such drug is removed from such list in accordance
with subclause (III) or subparagraph (C) of such section
505(j)(7); or
``(bb) this subparagraph no longer has force or effect.
``(II) Any drug that is a biological product that has been
deemed licensed under section 351 of the Public Health
Service Act (42 U.S.C. 262) pursuant to subparagraph (A) and
that is referenced in an application described in clause (i)
shall be subject only to requirements applicable to
biological products licensed under such section.
``(III) Upon approval under subsection (c) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act of an
application described in clause (i), the Secretary shall
remove from the list published pursuant to section 505(j)(7)
of the Federal Food, Drug, and Cosmetic Act any listed drug
that is a biological product that has been deemed licensed
under section 351 of the Public Health Service Act pursuant
to subparagraph (A) and that is referenced in such approved
application, unless such listed drug is referenced in one or
more additional applications described in clause (i).
``(iii) Deemed licensure.--Upon approval of an application
described in clause (i), such approved application shall be
deemed to be a license for the biological product under
section 351 of the Public Health Service Act.
``(iv) Rule of construction.--
``(I) Application of certain provisions.--
``(aa) Patent certification or statement.--An application
described in clause (i) shall contain a patent certification
or statement described in, as applicable, section 505(b)(2)
of the Federal Food, Drug, and Cosmetic Act or clauses (vii)
and (viii) of section 505(j)(2)(A) of such Act and, with
respect to any listed drug referenced in such application,
comply with related requirements concerning any timely filed
patent information listed pursuant to section 505(j)(7) of
such Act.
``(bb) Date of approval.--The earliest possible date on
which any pending application described in clause (i) may be
approved shall be determined based on--
``(AA) the last expiration date of any applicable period of
exclusivity that would prevent such approval and that is
described in section 505(c)(3)(E), 505(j)(5)(B)(iv),
505(j)(5)(F), 505A, 505E, or 527 of the Federal Food, Drug,
and Cosmetic Act; and
``(BB) if the application was submitted pursuant to section
505(b)(2) of the Federal Food, Drug, and Cosmetic Act and
references any listed drug, the last applicable date
determined under subparagraph (A), (B), or (C) of section
505(c)(3) of such Act, or, if the application was submitted
under section 505(j) of such Act, the last applicable date
determined under clause (i), (ii), or (iii) of section
505(j)(5)(B) of such Act.
``(II) Exclusivity.--Nothing in this subparagraph shall be
construed to affect section 351(k)(7)(D) of the Public Health
Service Act.
``(v) Listing.--The Secretary may continue to review an
application after March 23, 2020, pursuant to clause (i), and
continue to identify any applicable listed drug pursuant to
clause (ii) on the list published pursuant to section
505(j)(7) of the Federal Food, Drug, and Cosmetic Act, even
if such review or listing may reveal the existence of such
application and the identity of any listed drug for which the
investigations described in section 505(b)(1)(A) of the
Federal Food, Drug, and Cosmetic Act are relied upon by the
applicant for approval of the pending application. Nothing in
this subparagraph shall be construed as authorizing the
Secretary to disclose any other information that is a trade
secret or confidential information described in section
552(b)(4) of title 5, United States Code.
``(vi) Sunset.--Beginning on October 1, 2022, this
subparagraph shall have no force or effect and any
applications described in clause (i) that have not been
approved shall be deemed withdrawn.''.
SEC. 608. REENROLLMENT OF CERTAIN INDIVIDUALS IN QUALIFIED
HEALTH PLANS IN CERTAIN EXCHANGES.
Section 1311(c) of the Patient Protection and Affordable
Care Act (42 U.S.C. 18031(c)) is amended by adding the end
the following new paragraph:
``(7) Reenrollment of certain individuals in qualified
health plans in certain exchanges.--
``(A) In general.--In the case of an Exchange that the
Secretary operates pursuant to section 1321(c)(1), the
Secretary shall establish a process under which an individual
described in subparagraph (B) is reenrolled for plan year
2021 in a qualified health plan offered through such
Exchange. Such qualified health plan under which such
individual is so reenrolled shall be--
[[Page H10556]]
``(i) if available for plan year 2021, the qualified health
plan under which such individual is enrolled during the
annual open enrollment period for such plan year; and
``(ii) if such qualified health plan is not available for
plan year 2021, a qualified health plan offered through such
Exchange determined appropriate by the Secretary.
``(B) Individual described.--An individual described in
this subsection is an individual who, with respect to plan
year 2020--
``(i) resides in a State with an Exchange described in
subparagraph (A);
``(ii) is enrolled in a qualified health plan during such
plan year and does not enroll in a qualified health plan for
plan year 2021 during the annual open enrollment period for
such plan year 2021; and
``(iii) does not elect to disenroll under a qualified
health plan for plan year 2021 during such annual open
enrollment period.''.
SEC. 609. PROTECTION OF SILVER LOADING PRACTICE.
With respect to plan year 2021, the Secretary of Health and
Human Services may not take any action to prohibit or
otherwise restrict the practice commonly known as ``silver
loading'' (as described in the rule entitled ``Patient
Protection and Affordable Care Act; HHS Notice of Benefit and
Payment Parameters for 2020'' published on April 25, 2019 (84
Fed. Reg. 17533)).
SEC. 610. ACTIONS FOR DELAYS OF GENERIC DRUGS AND BIOSIMILAR
BIOLOGICAL PRODUCTS.
(a) Definitions.--In this section--
(1) the term ``commercially reasonable, market-based
terms'' means--
(A) a nondiscriminatory price for the sale of the covered
product at or below, but not greater than, the most recent
wholesale acquisition cost for the drug, as defined in
section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C.
1395w-3a(c)(6)(B));
(B) a schedule for delivery that results in the transfer of
the covered product to the eligible product developer
consistent with the timing under subsection (b)(2)(A)(iv);
and
(C) no additional conditions are imposed on the sale of the
covered product;
(2) the term ``covered product''--
(A) means--
(i) any drug approved under subsection (c) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or biological product licensed under subsection
(a) or (k) of section 351 of the Public Health Service Act
(42 U.S.C. 262);
(ii) any combination of a drug or biological product
described in clause (i); or
(iii) when reasonably necessary to support approval of an
application under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355), or section 351 of the Public
Health Service Act (42 U.S.C. 262), as applicable, or
otherwise meet the requirements for approval under either
such section, any product, including any device, that is
marketed or intended for use with such a drug or biological
product; and
(B) does not include any drug or biological product that
appears on the drug shortage list in effect under section
506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356e), unless--
(i) the drug or biological product has been on the drug
shortage list in effect under such section 506E continuously
for more than 6 months; or
(ii) the Secretary determines that inclusion of the drug or
biological product as a covered product is likely to
contribute to alleviating or preventing a shortage.
(3) the term ``device'' has the meaning given the term in
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321);
(4) the term ``eligible product developer'' means a person
that seeks to develop a product for approval pursuant to an
application for approval under subsection (b)(2) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or for licensing pursuant to an application under
section 351(k) of the Public Health Service Act (42 U.S.C.
262(k));
(5) the term ``license holder'' means the holder of an
application approved under subsection (c) or (j) of section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) or the holder of a license under subsection (a) or (k)
of section 351 of the Public Health Service Act (42 U.S.C.
262) for a covered product;
(6) the term ``REMS'' means a risk evaluation and
mitigation strategy under section 505-1 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355-1);
(7) the term ``REMS with ETASU'' means a REMS that contains
elements to assure safe use under section 505-1(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1(f));
(8) the term ``Secretary'' means the Secretary of Health
and Human Services;
(9) the term ``single, shared system of elements to assure
safe use'' means a single, shared system of elements to
assure safe use under section 505-1(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355-1(f)); and
(10) the term ``sufficient quantities'' means an amount of
a covered product that the eligible product developer
determines allows it to--
(A) conduct testing to support an application under--
(i) subsection (b)(2) or (j) of section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355); or
(ii) section 351(k) of the Public Health Service Act (42
U.S.C. 262(k)); and
(B) fulfill any regulatory requirements relating to
approval of such an application.
(b) Civil Action for Failure To Provide Sufficient
Quantities of a Covered Product.--
(1) In general.--An eligible product developer may bring a
civil action against the license holder for a covered product
seeking relief under this subsection in an appropriate
district court of the United States alleging that the license
holder has declined to provide sufficient quantities of the
covered product to the eligible product developer on
commercially reasonable, market-based terms.
(2) Elements.--
(A) In general.--To prevail in a civil action brought under
paragraph (1), an eligible product developer shall prove, by
a preponderance of the evidence--
(i) that--
(I) the covered product is not subject to a REMS with
ETASU; or
(II) if the covered product is subject to a REMS with
ETASU--
(aa) the eligible product developer has obtained a covered
product authorization from the Secretary in accordance with
subparagraph (B); and
(bb) the eligible product developer has provided a copy of
the covered product authorization to the license holder;
(ii) that, as of the date on which the civil action is
filed, the eligible product developer has not obtained
sufficient quantities of the covered product on commercially
reasonable, market-based terms;
(iii) that the eligible product developer has submitted a
written request to purchase sufficient quantities of the
covered product to the license holder, and such request--
(I) was sent to a named corporate officer of the license
holder;
(II) was made by certified or registered mail with return
receipt requested;
(III) specified an individual as the point of contact for
the license holder to direct communications related to the
sale of the covered product to the eligible product developer
and a means for electronic and written communications with
that individual; and
(IV) specified an address to which the covered product was
to be shipped upon reaching an agreement to transfer the
covered product; and
(iv) that the license holder has not delivered to the
eligible product developer sufficient quantities of the
covered product on commercially reasonable, market-based
terms--
(I) for a covered product that is not subject to a REMS
with ETASU, by the date that is 31 days after the date on
which the license holder received the request for the covered
product; and
(II) for a covered product that is subject to a REMS with
ETASU, by 31 days after the later of--
(aa) the date on which the license holder received the
request for the covered product; or
(bb) the date on which the license holder received a copy
of the covered product authorization issued by the Secretary
in accordance with subparagraph (B).
(B) Authorization for covered product subject to a rems
with etasu.--
(i) Request.--An eligible product developer may submit to
the Secretary a written request for the eligible product
developer to be authorized to obtain sufficient quantities of
an individual covered product subject to a REMS with ETASU.
(ii) Authorization.--Not later than 120 days after the date
on which a request under clause (i) is received, the
Secretary shall, by written notice, authorize the eligible
product developer to obtain sufficient quantities of an
individual covered product subject to a REMS with ETASU for
purposes of--
(I) development and testing that does not involve human
clinical trials, if the eligible product developer has agreed
to comply with any conditions the Secretary determines
necessary; or
(II) development and testing that involves human clinical
trials, if the eligible product developer has--
(aa)(AA) submitted protocols, informed consent documents,
and informational materials for testing that include
protections that provide safety protections comparable to
those provided by the REMS for the covered product; or
(BB) otherwise satisfied the Secretary that such
protections will be provided; and
(bb) met any other requirements the Secretary may
establish.
(iii) Notice.--A covered product authorization issued under
this subparagraph shall state that the provision of the
covered product by the license holder under the terms of the
authorization will not be a violation of the REMS for the
covered product.
(3) Affirmative defense.--In a civil action brought under
paragraph (1), it shall be an affirmative defense, on which
the defendant has the burden of persuasion by a preponderance
of the evidence--
(A) that, on the date on which the eligible product
developer requested to purchase sufficient quantities of the
covered product from the license holder--
(i) neither the license holder nor any of its agents,
wholesalers, or distributors was engaged in the manufacturing
or commercial marketing of the covered product; and
(ii) neither the license holder nor any of its agents,
wholesalers, or distributors otherwise had access to
inventory of the covered product to supply to the eligible
product developer on commercially reasonable, market-based
terms;
[[Page H10557]]
(B) that--
(i) the license holder sells the covered product through
agents, distributors, or wholesalers;
(ii) the license holder has placed no restrictions,
explicit or implicit, on its agents, distributors, or
wholesalers to sell covered products to eligible product
developers; and
(iii) the covered product can be purchased by the eligible
product developer in sufficient quantities on commercially
reasonable, market-based terms from the agents, distributors,
or wholesalers of the license holder; or
(C) that the license holder made an offer to the individual
specified pursuant to paragraph (2)(A)(iii)(III), by a means
of communication (electronic, written, or both) specified
pursuant to such paragraph, to sell sufficient quantities of
the covered product to the eligible product developer at
commercially reasonable market-based terms--
(i) for a covered product that is not subject to a REMS
with ETASU, by the date that is 14 days after the date on
which the license holder received the request for the covered
product, and the eligible product developer did not accept
such offer by the date that is 7 days after the date on which
the eligible product developer received such offer from the
license holder; or
(ii) for a covered product that is subject to a REMS with
ETASU, by the date that is 20 days after the date on which
the license holder received the request for the covered
product, and the eligible product developer did not accept
such offer by the date that is 10 days after the date on
which the eligible product developer received such offer from
the license holder.
(4) Remedies.--
(A) In general.--If an eligible product developer prevails
in a civil action brought under paragraph (1), the court
shall--
(i) order the license holder to provide to the eligible
product developer without delay sufficient quantities of the
covered product on commercially reasonable, market-based
terms;
(ii) award to the eligible product developer reasonable
attorney's fees and costs of the civil action; and
(iii) award to the eligible product developer a monetary
amount sufficient to deter the license holder from failing to
provide eligible product developers with sufficient
quantities of a covered product on commercially reasonable,
market-based terms, if the court finds, by a preponderance of
the evidence--
(I) that the license holder delayed providing sufficient
quantities of the covered product to the eligible product
developer without a legitimate business justification; or
(II) that the license holder failed to comply with an order
issued under clause (i).
(B) Maximum monetary amount.--A monetary amount awarded
under subparagraph (A)(iii) shall not be greater than the
revenue that the license holder earned on the covered product
during the period--
(i) beginning on--
(I) for a covered product that is not subject to a REMS
with ETASU, the date that is 31 days after the date on which
the license holder received the request; or
(II) for a covered product that is subject to a REMS with
ETASU, the date that is 31 days after the later of--
(aa) the date on which the license holder received the
request; or
(bb) the date on which the license holder received a copy
of the covered product authorization issued by the Secretary
in accordance with paragraph (2)(B); and
(ii) ending on the date on which the eligible product
developer received sufficient quantities of the covered
product.
(C) Avoidance of delay.--The court may issue an order under
subparagraph (A)(i) before conducting further proceedings
that may be necessary to determine whether the eligible
product developer is entitled to an award under clause (ii)
or (iii) of subparagraph (A), or the amount of any such
award.
(c) Limitation of Liability.--A license holder for a
covered product shall not be liable for any claim under
Federal, State, or local law arising out of the failure of an
eligible product developer to follow adequate safeguards to
assure safe use of the covered product during development or
testing activities described in this section, including
transportation, handling, use, or disposal of the covered
product by the eligible product developer.
(d) No Violation of REMS.--Section 505-1 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355-1) is amended by
adding at the end the following new subsection:
``(l) Provision of Samples Not a Violation of Strategy.--
The provision of samples of a covered product to an eligible
product developer (as those terms are defined in section
610(a) of division N of the Further Consolidated
Appropriations Act, 2020) shall not be considered a violation
of the requirements of any risk evaluation and mitigation
strategy that may be in place under this section for such
drug.''.
(e) Rule of Construction.--
(1) Definition.--In this subsection, the term ``antitrust
laws''--
(A) has the meaning given the term in subsection (a) of the
first section of the Clayton Act (15 U.S.C. 12); and
(B) includes section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to the extent that such section applies to
unfair methods of competition.
(2) Antitrust laws.--Nothing in this section shall be
construed to limit the operation of any provision of the
antitrust laws.
(f) REMS Approval Process for Subsequent Filers.--Section
505-1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355-1), as amended by subsection (d), is further amended--
(1) in subsection (g)(4)(B)--
(A) in clause (i) by striking ``or'' after the semicolon;
(B) in clause (ii) by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) accommodate different, comparable aspects of the
elements to assure safe use for a drug that is the subject of
an application under section 505(j), and the applicable
listed drug.'';
(2) in subsection (i)(1), by striking subparagraph (C) and
inserting the following:
``(C)(i) Elements to assure safe use, if required under
subsection (f) for the listed drug, which, subject to clause
(ii), for a drug that is the subject of an application under
section 505(j) may use--
``(I) a single, shared system with the listed drug under
subsection (f); or
``(II) a different, comparable aspect of the elements to
assure safe use under subsection (f).
``(ii) The Secretary may require a drug that is the subject
of an application under section 505(j) and the listed drug to
use a single, shared system under subsection (f), if the
Secretary determines that no different, comparable aspect of
the elements to assure safe use could satisfy the
requirements of subsection (f).'';
(3) in subsection (i), by adding at the end the following:
``(3) Shared rems.--If the Secretary approves, in
accordance with paragraph (1)(C)(i)(II), a different,
comparable aspect of the elements to assure safe use under
subsection (f) for a drug that is the subject of an
abbreviated new drug application under section 505(j), the
Secretary may require that such different comparable aspect
of the elements to assure safe use can be used with respect
to any other drug that is the subject of an application under
section 505(j) or 505(b) that references the same listed
drug.''; and
(4) by adding at the end the following:
``(m) Separate REMS.--When used in this section, the term
`different, comparable aspect of the elements to assure safe
use' means a risk evaluation and mitigation strategy for a
drug that is the subject of an application under section
505(j) that uses different methods or operational means than
the strategy required under subsection (a) for the applicable
listed drug, or other application under section 505(j) with
the same such listed drug, but achieves the same level of
safety as such strategy.''.
(g) Rule of Construction.--Nothing in this section, the
amendments made by this section, or in section 505-1 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1), shall
be construed as--
(1) prohibiting a license holder from providing an eligible
product developer access to a covered product in the absence
of an authorization under this section; or
(2) in any way negating the applicability of a REMS with
ETASU, as otherwise required under such section 505-1, with
respect to such covered product.
DIVISION O--SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT
SEC. 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Setting
Every Community Up for Retirement Enhancement Act of 2019''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title, etc.
TITLE I--EXPANDING AND PRESERVING RETIREMENT SAVINGS
Sec. 101. Multiple employer plans; pooled employer plans.
Sec. 102. Increase in 10 percent cap for automatic enrollment safe
harbor after 1st plan year.
Sec. 103. Rules relating to election of safe harbor 401(k) status.
Sec. 104. Increase in credit limitation for small employer pension plan
startup costs.
Sec. 105. Small employer automatic enrollment credit.
Sec. 106. Certain taxable non-tuition fellowship and stipend payments
treated as compensation for IRA purposes.
Sec. 107. Repeal of maximum age for traditional IRA contributions.
Sec. 108. Qualified employer plans prohibited from making loans through
credit cards and other similar arrangements.
Sec. 109. Portability of lifetime income options.
Sec. 110. Treatment of custodial accounts on termination of section
403(b) plans.
Sec. 111. Clarification of retirement income account rules relating to
church-controlled organizations.
Sec. 112. Qualified cash or deferred arrangements must allow long-term
employees working more than 500 but less than 1,000 hours
per year to participate.
Sec. 113. Penalty-free withdrawals from retirement plans for
individuals in case of birth of child or adoption.
[[Page H10558]]
Sec. 114. Increase in age for required beginning date for mandatory
distributions.
Sec. 115. Special rules for minimum funding standards for community
newspaper plans.
Sec. 116. Treating excluded difficulty of care payments as compensation
for determining retirement contribution limitations.
TITLE II--ADMINISTRATIVE IMPROVEMENTS
Sec. 201. Plan adopted by filing due date for year may be treated as in
effect as of close of year.
Sec. 202. Combined annual report for group of plans.
Sec. 203. Disclosure regarding lifetime income.
Sec. 204. Fiduciary safe harbor for selection of lifetime income
provider.
Sec. 205. Modification of nondiscrimination rules to protect older,
longer service participants.
Sec. 206. Modification of PBGC premiums for CSEC plans.
TITLE III--OTHER BENEFITS
Sec. 301. Benefits provided to volunteer firefighters and emergency
medical responders.
Sec. 302. Expansion of section 529 plans.
TITLE IV--REVENUE PROVISIONS
Sec. 401. Modification of required distribution rules for designated
beneficiaries.
Sec. 402. Increase in penalty for failure to file.
Sec. 403. Increased penalties for failure to file retirement plan
returns.
Sec. 404. Increase information sharing to administer excise taxes.
TITLE V--TAX RELIEF FOR CERTAIN CHILDREN
Sec. 501. Modification of rules relating to the taxation of unearned
income of certain children.
TITLE VI--ADMINISTRATIVE PROVISIONS
Sec. 601. Provisions relating to plan amendments.
TITLE I--EXPANDING AND PRESERVING RETIREMENT SAVINGS
SEC. 101. MULTIPLE EMPLOYER PLANS; POOLED EMPLOYER PLANS.
(a) Qualification Requirements.--
(1) In general.--Section 413 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(e) Application of Qualification Requirements for Certain
Multiple Employer Plans With Pooled Plan Providers.--
``(1) In general.--Except as provided in paragraph (2), if
a defined contribution plan to which subsection (c) applies--
``(A) is maintained by employers which have a common
interest other than having adopted the plan, or
``(B) in the case of a plan not described in subparagraph
(A), has a pooled plan provider,
then the plan shall not be treated as failing to meet the
requirements under this title applicable to a plan described
in section 401(a) or to a plan that consists of individual
retirement accounts described in section 408 (including by
reason of subsection (c) thereof), whichever is applicable,
merely because one or more employers of employees covered by
the plan fail to take such actions as are required of such
employers for the plan to meet such requirements.
``(2) Limitations.--
``(A) In general.--Paragraph (1) shall not apply to any
plan unless the terms of the plan provide that in the case of
any employer in the plan failing to take the actions
described in paragraph (1)--
``(i) the assets of the plan attributable to employees of
such employer (or beneficiaries of such employees) will be
transferred to a plan maintained only by such employer (or
its successor), to an eligible retirement plan as defined in
section 402(c)(8)(B) for each individual whose account is
transferred, or to any other arrangement that the Secretary
determines is appropriate, unless the Secretary determines it
is in the best interests of the employees of such employer
(and the beneficiaries of such employees) to retain the
assets in the plan, and
``(ii) such employer (and not the plan with respect to
which the failure occurred or any other employer in such
plan) shall, except to the extent provided by the Secretary,
be liable for any liabilities with respect to such plan
attributable to employees of such employer (or beneficiaries
of such employees).
``(B) Failures by pooled plan providers.--If the pooled
plan provider of a plan described in paragraph (1)(B) does
not perform substantially all of the administrative duties
which are required of the provider under paragraph (3)(A)(i)
for any plan year, the Secretary may provide that the
determination as to whether the plan meets the requirements
under this title applicable to a plan described in section
401(a) or to a plan that consists of individual retirement
accounts described in section 408 (including by reason of
subsection (c) thereof), whichever is applicable, shall be
made in the same manner as would be made without regard to
paragraph (1).
``(3) Pooled plan provider.--
``(A) In general.--For purposes of this subsection, the
term `pooled plan provider' means, with respect to any plan,
a person who--
``(i) is designated by the terms of the plan as a named
fiduciary (within the meaning of section 402(a)(2) of the
Employee Retirement Income Security Act of 1974), as the plan
administrator, and as the person responsible to perform all
administrative duties (including conducting proper testing
with respect to the plan and the employees of each employer
in the plan) which are reasonably necessary to ensure that--
``(I) the plan meets any requirement applicable under the
Employee Retirement Income Security Act of 1974 or this title
to a plan described in section 401(a) or to a plan that
consists of individual retirement accounts described in
section 408 (including by reason of subsection (c) thereof),
whichever is applicable, and
``(II) each employer in the plan takes such actions as the
Secretary or such person determines are necessary for the
plan to meet the requirements described in subclause (I),
including providing to such person any disclosures or other
information which the Secretary may require or which such
person otherwise determines are necessary to administer the
plan or to allow the plan to meet such requirements,
``(ii) registers as a pooled plan provider with the
Secretary, and provides such other information to the
Secretary as the Secretary may require, before beginning
operations as a pooled plan provider,
``(iii) acknowledges in writing that such person is a named
fiduciary (within the meaning of section 402(a)(2) of the
Employee Retirement Income Security Act of 1974), and the
plan administrator, with respect to the plan, and
``(iv) is responsible for ensuring that all persons who
handle assets of, or who are fiduciaries of, the plan are
bonded in accordance with section 412 of the Employee
Retirement Income Security Act of 1974.
``(B) Audits, examinations and investigations.--The
Secretary may perform audits, examinations, and
investigations of pooled plan providers as may be necessary
to enforce and carry out the purposes of this subsection.
``(C) Aggregation rules.--For purposes of this paragraph,
in determining whether a person meets the requirements of
this paragraph to be a pooled plan provider with respect to
any plan, all persons who perform services for the plan and
who are treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 shall be treated as one
person.
``(D) Treatment of employers as plan sponsors.--Except with
respect to the administrative duties of the pooled plan
provider described in subparagraph (A)(i), each employer in a
plan which has a pooled plan provider shall be treated as the
plan sponsor with respect to the portion of the plan
attributable to employees of such employer (or beneficiaries
of such employees).
``(4) Guidance.--
``(A) In general.--The Secretary shall issue such guidance
as the Secretary determines appropriate to carry out this
subsection, including guidance--
``(i) to identify the administrative duties and other
actions required to be performed by a pooled plan provider
under this subsection,
``(ii) which describes the procedures to be taken to
terminate a plan which fails to meet the requirements to be a
plan described in paragraph (1), including the proper
treatment of, and actions needed to be taken by, any employer
in the plan and the assets and liabilities of the plan
attributable to employees of such employer (or beneficiaries
of such employees), and
``(iii) identifying appropriate cases to which the rules of
paragraph (2)(A) will apply to employers in the plan failing
to take the actions described in paragraph (1).
The Secretary shall take into account under clause (iii)
whether the failure of an employer or pooled plan provider to
provide any disclosures or other information, or to take any
other action, necessary to administer a plan or to allow a
plan to meet requirements applicable to the plan under
section 401(a) or 408, whichever is applicable, has continued
over a period of time that demonstrates a lack of commitment
to compliance.
``(B) Good faith compliance with law before guidance.--An
employer or pooled plan provider shall not be treated as
failing to meet a requirement of guidance issued by the
Secretary under this paragraph if, before the issuance of
such guidance, the employer or pooled plan provider complies
in good faith with a reasonable interpretation of the
provisions of this subsection to which such guidance relates.
``(5) Model plan.--The Secretary shall publish model plan
language which meets the requirements of this subsection and
of paragraphs (43) and (44) of section 3 of the Employee
Retirement Income Security Act of 1974 and which may be
adopted in order for a plan to be treated as a plan described
in paragraph (1)(B).''.
(2) Conforming amendment.--Section 413(c)(2) of such Code
is amended by striking ``section 401(a)'' and inserting
``sections 401(a) and 408(c)''.
(3) Technical amendment.--Section 408(c) of such Code is
amended by inserting after paragraph (2) the following new
paragraph:
``(3) There is a separate accounting for any interest of an
employee or member (or spouse of an employee or member) in a
Roth IRA.''.
(b) No Common Interest Required for Pooled Employer
Plans.--Section 3(2) of the Employee Retirement Income
Security
[[Page H10559]]
Act of 1974 (29 U.S.C. 1002(2)) is amended by adding at the
end the following:
``(C) A pooled employer plan shall be treated as--
``(i) a single employee pension benefit plan or single
pension plan; and
``(ii) a plan to which section 210(a) applies.''.
(c) Pooled Employer Plan and Provider Defined.--
(1) In general.--Section 3 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002) is amended by
adding at the end the following:
``(43) Pooled employer plan.--
``(A) In general.--The term `pooled employer plan' means a
plan--
``(i) which is an individual account plan established or
maintained for the purpose of providing benefits to the
employees of 2 or more employers;
``(ii) which is a plan described in section 401(a) of the
Internal Revenue Code of 1986 which includes a trust exempt
from tax under section 501(a) of such Code or a plan that
consists of individual retirement accounts described in
section 408 of such Code (including by reason of subsection
(c) thereof); and
``(iii) the terms of which meet the requirements of
subparagraph (B).
Such term shall not include a plan maintained by employers
which have a common interest other than having adopted the
plan.
``(B) Requirements for plan terms.--The requirements of
this subparagraph are met with respect to any plan if the
terms of the plan--
``(i) designate a pooled plan provider and provide that the
pooled plan provider is a named fiduciary of the plan;
``(ii) designate one or more trustees meeting the
requirements of section 408(a)(2) of the Internal Revenue
Code of 1986 (other than an employer in the plan) to be
responsible for collecting contributions to, and holding the
assets of, the plan and require such trustees to implement
written contribution collection procedures that are
reasonable, diligent, and systematic;
``(iii) provide that each employer in the plan retains
fiduciary responsibility for--
``(I) the selection and monitoring in accordance with
section 404(a) of the person designated as the pooled plan
provider and any other person who, in addition to the pooled
plan provider, is designated as a named fiduciary of the
plan; and
``(II) to the extent not otherwise delegated to another
fiduciary by the pooled plan provider and subject to the
provisions of section 404(c), the investment and management
of the portion of the plan's assets attributable to the
employees of the employer (or beneficiaries of such
employees);
``(iv) provide that employers in the plan, and participants
and beneficiaries, are not subject to unreasonable
restrictions, fees, or penalties with regard to ceasing
participation, receipt of distributions, or otherwise
transferring assets of the plan in accordance with section
208 or paragraph (44)(C)(i)(II);
``(v) require--
``(I) the pooled plan provider to provide to employers in
the plan any disclosures or other information which the
Secretary may require, including any disclosures or other
information to facilitate the selection or any monitoring of
the pooled plan provider by employers in the plan; and
``(II) each employer in the plan to take such actions as
the Secretary or the pooled plan provider determines are
necessary to administer the plan or for the plan to meet any
requirement applicable under this Act or the Internal Revenue
Code of 1986 to a plan described in section 401(a) of such
Code or to a plan that consists of individual retirement
accounts described in section 408 of such Code (including by
reason of subsection (c) thereof), whichever is applicable,
including providing any disclosures or other information
which the Secretary may require or which the pooled plan
provider otherwise determines are necessary to administer the
plan or to allow the plan to meet such requirements; and
``(vi) provide that any disclosure or other information
required to be provided under clause (v) may be provided in
electronic form and will be designed to ensure only
reasonable costs are imposed on pooled plan providers and
employers in the plan.
``(C) Exceptions.--The term `pooled employer plan' does not
include--
``(i) a multiemployer plan; or
``(ii) a plan established before the date of the enactment
of the Setting Every Community Up for Retirement Enhancement
Act of 2019 unless the plan administrator elects that the
plan will be treated as a pooled employer plan and the plan
meets the requirements of this title applicable to a pooled
employer plan established on or after such date.
``(D) Treatment of employers as plan sponsors.--Except with
respect to the administrative duties of the pooled plan
provider described in paragraph (44)(A)(i), each employer in
a pooled employer plan shall be treated as the plan sponsor
with respect to the portion of the plan attributable to
employees of such employer (or beneficiaries of such
employees).
``(44) Pooled plan provider.--
``(A) In general.--The term `pooled plan provider' means a
person who--
``(i) is designated by the terms of a pooled employer plan
as a named fiduciary, as the plan administrator, and as the
person responsible for the performance of all administrative
duties (including conducting proper testing with respect to
the plan and the employees of each employer in the plan)
which are reasonably necessary to ensure that--
``(I) the plan meets any requirement applicable under this
Act or the Internal Revenue Code of 1986 to a plan described
in section 401(a) of such Code or to a plan that consists of
individual retirement accounts described in section 408 of
such Code (including by reason of subsection (c) thereof),
whichever is applicable; and
``(II) each employer in the plan takes such actions as the
Secretary or pooled plan provider determines are necessary
for the plan to meet the requirements described in subclause
(I), including providing the disclosures and information
described in paragraph (43)(B)(v)(II);
``(ii) registers as a pooled plan provider with the
Secretary, and provides to the Secretary such other
information as the Secretary may require, before beginning
operations as a pooled plan provider;
``(iii) acknowledges in writing that such person is a named
fiduciary, and the plan administrator, with respect to the
pooled employer plan; and
``(iv) is responsible for ensuring that all persons who
handle assets of, or who are fiduciaries of, the pooled
employer plan are bonded in accordance with section 412.
``(B) Audits, examinations and investigations.--The
Secretary may perform audits, examinations, and
investigations of pooled plan providers as may be necessary
to enforce and carry out the purposes of this paragraph and
paragraph (43).
``(C) Guidance.--The Secretary shall issue such guidance as
the Secretary determines appropriate to carry out this
paragraph and paragraph (43), including guidance--
``(i) to identify the administrative duties and other
actions required to be performed by a pooled plan provider
under either such paragraph; and
``(ii) which requires in appropriate cases that if an
employer in the plan fails to take the actions required under
subparagraph (A)(i)(II)--
``(I) the assets of the plan attributable to employees of
such employer (or beneficiaries of such employees) are
transferred to a plan maintained only by such employer (or
its successor), to an eligible retirement plan as defined in
section 402(c)(8)(B) of the Internal Revenue Code of 1986 for
each individual whose account is transferred, or to any other
arrangement that the Secretary determines is appropriate in
such guidance; and
``(II) such employer (and not the plan with respect to
which the failure occurred or any other employer in such
plan) shall, except to the extent provided in such guidance,
be liable for any liabilities with respect to such plan
attributable to employees of such employer (or beneficiaries
of such employees).
The Secretary shall take into account under clause (ii)
whether the failure of an employer or pooled plan provider to
provide any disclosures or other information, or to take any
other action, necessary to administer a plan or to allow a
plan to meet requirements described in subparagraph
(A)(i)(II) has continued over a period of time that
demonstrates a lack of commitment to compliance. The
Secretary may waive the requirements of subclause (ii)(I) in
appropriate circumstances if the Secretary determines it is
in the best interests of the employees of the employer
referred to in such clause (and the beneficiaries of such
employees) to retain the assets in the plan with respect to
which the employer's failure occurred.
``(D) Good faith compliance with law before guidance.--An
employer or pooled plan provider shall not be treated as
failing to meet a requirement of guidance issued by the
Secretary under subparagraph (C) if, before the issuance of
such guidance, the employer or pooled plan provider complies
in good faith with a reasonable interpretation of the
provisions of this paragraph, or paragraph (43), to which
such guidance relates.
``(E) Aggregation rules.--For purposes of this paragraph,
in determining whether a person meets the requirements of
this paragraph to be a pooled plan provider with respect to
any plan, all persons who perform services for the plan and
who are treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 of the Internal Revenue Code
of 1986 shall be treated as one person.''.
(2) Bonding requirements for pooled employer plans.--The
last sentence of section 412(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1112(a)) is amended by
inserting ``or in the case of a pooled employer plan (as
defined in section 3(43))'' after ``section 407(d)(1))''.
(3) Conforming and technical amendments.--Section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002) is amended--
(A) in paragraph (16)(B)--
(i) by striking ``or'' at the end of clause (ii); and
(ii) by striking the period at the end and inserting ``, or
(iv) in the case of a pooled employer plan, the pooled plan
provider.''; and
(B) by striking the second paragraph (41).
(d) Pooled Employer and Multiple Employer Plan Reporting.--
(1) Additional information.--Section 103 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1023) is
amended--
(A) in subsection (a)(1)(B), by striking ``applicable
subsections (d), (e), and (f)'' and inserting ``applicable
subsections (d), (e), (f), and (g)''; and
(B) by amending subsection (g) to read as follows:
[[Page H10560]]
``(g) Additional Information With Respect to Pooled
Employer and Multiple Employer Plans.--An annual report under
this section for a plan year shall include--
``(1) with respect to any plan to which section 210(a)
applies (including a pooled employer plan), a list of
employers in the plan and a good faith estimate of the
percentage of total contributions made by such employers
during the plan year and the aggregate account balances
attributable to each employer in the plan (determined as the
sum of the account balances of the employees of such employer
(and the beneficiaries of such employees)); and
``(2) with respect to a pooled employer plan, the
identifying information for the person designated under the
terms of the plan as the pooled plan provider.''.
(2) Simplified annual reports.--Section 104(a) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1024(a)) is amended by striking paragraph (2)(A) and
inserting the following:
``(2)(A) With respect to annual reports required to be
filed with the Secretary under this part, the Secretary may
by regulation prescribe simplified annual reports for any
pension plan that--
``(i) covers fewer than 100 participants; or
``(ii) is a plan described in section 210(a) that covers
fewer than 1,000 participants, but only if no single employer
in the plan has 100 or more participants covered by the
plan.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to plan years beginning after December 31, 2020.
(2) Rule of construction.--Nothing in the amendments made
by subsection (a) shall be construed as limiting the
authority of the Secretary of the Treasury or the Secretary's
delegate (determined without regard to such amendment) to
provide for the proper treatment of a failure to meet any
requirement applicable under the Internal Revenue Code of
1986 with respect to one employer (and its employees) in a
multiple employer plan.
SEC. 102. INCREASE IN 10 PERCENT CAP FOR AUTOMATIC ENROLLMENT
SAFE HARBOR AFTER 1ST PLAN YEAR.
(a) In General.--Section 401(k)(13)(C)(iii) of the Internal
Revenue Code of 1986 is amended by striking ``does not exceed
10 percent'' and inserting ``does not exceed 15 percent (10
percent during the period described in subclause (I))''.
(b) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2019.
SEC. 103. RULES RELATING TO ELECTION OF SAFE HARBOR 401(K)
STATUS.
(a) Limitation of Annual Safe Harbor Notice to Matching
Contribution Plans.--
(1) In general.--Subparagraph (A) of section 401(k)(12) of
the Internal Revenue Code of 1986 is amended by striking ``if
such arrangement'' and all that follows and inserting ``if
such arrangement--
``(i) meets the contribution requirements of subparagraph
(B) and the notice requirements of subparagraph (D), or
``(ii) meets the contribution requirements of subparagraph
(C).''.
(2) Automatic contribution arrangements.--Subparagraph (B)
of section 401(k)(13) of such Code is amended by striking
``means'' and all that follows and inserting ``means a cash
or deferred arrangement--
``(i) which is described in subparagraph (D)(i)(I) and
meets the applicable requirements of subparagraphs (C)
through (E), or
``(ii) which is described in subparagraph (D)(i)(II) and
meets the applicable requirements of subparagraphs (C) and
(D).''.
(b) Nonelective Contributions.--Section 401(k)(12) of the
Internal Revenue Code of 1986 is amended by redesignating
subparagraph (F) as subparagraph (G), and by inserting after
subparagraph (E) the following new subparagraph:
``(F) Timing of plan amendment for employer making
nonelective contributions.--
``(i) In general.--Except as provided in clause (ii), a
plan may be amended after the beginning of a plan year to
provide that the requirements of subparagraph (C) shall apply
to the arrangement for the plan year, but only if the
amendment is adopted--
``(I) at any time before the 30th day before the close of
the plan year, or
``(II) at any time before the last day under paragraph
(8)(A) for distributing excess contributions for the plan
year.
``(ii) Exception where plan provided for matching
contributions.--Clause (i) shall not apply to any plan year
if the plan provided at any time during the plan year that
the requirements of subparagraph (B) or paragraph
(13)(D)(i)(I) applied to the plan year.
``(iii) 4-percent contribution requirement.--Clause (i)(II)
shall not apply to an arrangement unless the amount of the
contributions described in subparagraph (C) which the
employer is required to make under the arrangement for the
plan year with respect to any employee is an amount equal to
at least 4 percent of the employee's compensation.''.
(c) Automatic Contribution Arrangements.--Section
401(k)(13) of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(F) Timing of plan amendment for employer making
nonelective contributions.--
``(i) In general.--Except as provided in clause (ii), a
plan may be amended after the beginning of a plan year to
provide that the requirements of subparagraph (D)(i)(II)
shall apply to the arrangement for the plan year, but only if
the amendment is adopted--
``(I) at any time before the 30th day before the close of
the plan year, or
``(II) at any time before the last day under paragraph
(8)(A) for distributing excess contributions for the plan
year.
``(ii) Exception where plan provided for matching
contributions.--Clause (i) shall not apply to any plan year
if the plan provided at any time during the plan year that
the requirements of subparagraph (D)(i)(I) or paragraph
(12)(B) applied to the plan year.
``(iii) 4-percent contribution requirement.--Clause (i)(II)
shall not apply to an arrangement unless the amount of the
contributions described in subparagraph (D)(i)(II) which the
employer is required to make under the arrangement for the
plan year with respect to any employee is an amount equal to
at least 4 percent of the employee's compensation.''.
(d) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2019.
SEC. 104. INCREASE IN CREDIT LIMITATION FOR SMALL EMPLOYER
PENSION PLAN STARTUP COSTS.
(a) In General.--Paragraph (1) of section 45E(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) for the first credit year and each of the 2 taxable
years immediately following the first credit year, the
greater of--
``(A) $500, or
``(B) the lesser of--
``(i) $250 for each employee of the eligible employer who
is not a highly compensated employee (as defined in section
414(q)) and who is eligible to participate in the eligible
employer plan maintained by the eligible employer, or
``(ii) $5,000, and''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2019.
SEC. 105. SMALL EMPLOYER AUTOMATIC ENROLLMENT CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45T. AUTO-ENROLLMENT OPTION FOR RETIREMENT SAVINGS
OPTIONS PROVIDED BY SMALL EMPLOYERS.
``(a) In General.--For purposes of section 38, in the case
of an eligible employer, the retirement auto-enrollment
credit determined under this section for any taxable year is
an amount equal to--
``(1) $500 for any taxable year occurring during the credit
period, and
``(2) zero for any other taxable year.
``(b) Credit Period.--For purposes of subsection (a)--
``(1) In general.--The credit period with respect to any
eligible employer is the 3-taxable-year period beginning with
the first taxable year for which the employer includes an
eligible automatic contribution arrangement (as defined in
section 414(w)(3)) in a qualified employer plan (as defined
in section 4972(d)) sponsored by the employer.
``(2) Maintenance of arrangement.--No taxable year with
respect to an employer shall be treated as occurring within
the credit period unless the arrangement described in
paragraph (1) is included in the plan for such year.
``(c) Eligible Employer.--For purposes of this section, the
term `eligible employer' has the meaning given such term in
section 408(p)(2)(C)(i).''.
(b) Credit To Be Part of General Business Credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(31), by striking the period at the end of paragraph (32) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(33) in the case of an eligible employer (as defined in
section 45T(c)), the retirement auto-enrollment credit
determined under section 45T(a).''.
(c) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by inserting after the item
relating to section 45S the following new item:
``Sec. 45T. Auto-enrollment option for retirement savings options
provided by small employers.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2019.
SEC. 106. CERTAIN TAXABLE NON-TUITION FELLOWSHIP AND STIPEND
PAYMENTS TREATED AS COMPENSATION FOR IRA
PURPOSES.
(a) In General.--Paragraph (1) of section 219(f) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following: ``The term `compensation' shall include any
amount which is included in the individual's gross income and
paid to the individual to aid the individual in the pursuit
of graduate or postdoctoral study.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2019.
SEC. 107. REPEAL OF MAXIMUM AGE FOR TRADITIONAL IRA
CONTRIBUTIONS.
(a) In General.--Paragraph (1) of section 219(d) of the
Internal Revenue Code of 1986 is repealed.
(b) Coordination With Qualified Charitable Distributions.--
Add at the end of section 408(d)(8)(A) of such Code the
following:
[[Page H10561]]
``The amount of distributions not includible in gross income
by reason of the preceding sentence for a taxable year
(determined without regard to this sentence) shall be reduced
(but not below zero) by an amount equal to the excess of--
``(i) the aggregate amount of deductions allowed to the
taxpayer under section 219 for all taxable years ending on or
after the date the taxpayer attains age 70\1/2\, over
``(ii) the aggregate amount of reductions under this
sentence for all taxable years preceding the current taxable
year.''.
(c) Conforming Amendment.--Subsection (c) of section 408A
of the Internal Revenue Code of 1986 is amended by striking
paragraph (4) and by redesignating paragraphs (5), (6), and
(7) as paragraphs (4), (5), and (6), respectively.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to contributions
made for taxable years beginning after December 31, 2019.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to distributions made for taxable years beginning
after December 31, 2019.
SEC. 108. QUALIFIED EMPLOYER PLANS PROHIBITED FROM MAKING
LOANS THROUGH CREDIT CARDS AND OTHER SIMILAR
ARRANGEMENTS.
(a) In General.--Paragraph (2) of section 72(p) of the
Internal Revenue Code of 1986 is amended by redesignating
subparagraph (D) as subparagraph (E) and by inserting after
subparagraph (C) the following new subparagraph:
``(D) Prohibition of loans through credit cards and other
similar arrangements.--Subparagraph (A) shall not apply to
any loan which is made through the use of any credit card or
any other similar arrangement.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to loans made after the date of the enactment of
this Act.
SEC. 109. PORTABILITY OF LIFETIME INCOME OPTIONS.
(a) In General.--Subsection (a) of section 401 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (37) the following new paragraph:
``(38) Portability of lifetime income.--
``(A) In general.--Except as may be otherwise provided by
regulations, a trust forming part of a defined contribution
plan shall not be treated as failing to constitute a
qualified trust under this section solely by reason of
allowing--
``(i) qualified distributions of a lifetime income
investment, or
``(ii) distributions of a lifetime income investment in the
form of a qualified plan distribution annuity contract,
on or after the date that is 90 days prior to the date on
which such lifetime income investment is no longer authorized
to be held as an investment option under the plan.
``(B) Definitions.--For purposes of this subsection--
``(i) the term `qualified distribution' means a direct
trustee-to-trustee transfer described in paragraph (31)(A) to
an eligible retirement plan (as defined in section
402(c)(8)(B)),
``(ii) the term `lifetime income investment' means an
investment option which is designed to provide an employee
with election rights--
``(I) which are not uniformly available with respect to
other investment options under the plan, and
``(II) which are to a lifetime income feature available
through a contract or other arrangement offered under the
plan (or under another eligible retirement plan (as so
defined), if paid by means of a direct trustee-to-trustee
transfer described in paragraph (31)(A) to such other
eligible retirement plan),
``(iii) the term `lifetime income feature' means--
``(I) a feature which guarantees a minimum level of income
annually (or more frequently) for at least the remainder of
the life of the employee or the joint lives of the employee
and the employee's designated beneficiary, or
``(II) an annuity payable on behalf of the employee under
which payments are made in substantially equal periodic
payments (not less frequently than annually) over the life of
the employee or the joint lives of the employee and the
employee's designated beneficiary, and
``(iv) the term `qualified plan distribution annuity
contract' means an annuity contract purchased for a
participant and distributed to the participant by a plan or
contract described in subparagraph (B) of section 402(c)(8)
(without regard to clauses (i) and (ii) thereof).''.
(b) Cash or Deferred Arrangement.--
(1) In general.--Clause (i) of section 401(k)(2)(B) of the
Internal Revenue Code of 1986 is amended by striking ``or''
at the end of subclause (IV), by striking ``and'' at the end
of subclause (V) and inserting ``or'', and by adding at the
end the following new subclause:
``(VI) except as may be otherwise provided by regulations,
with respect to amounts invested in a lifetime income
investment (as defined in subsection (a)(38)(B)(ii)), the
date that is 90 days prior to the date that such lifetime
income investment may no longer be held as an investment
option under the arrangement, and''.
(2) Distribution requirement.--Subparagraph (B) of section
401(k)(2) of such Code, as amended by paragraph (1), is
amended by striking ``and'' at the end of clause (i), by
striking the semicolon at the end of clause (ii) and
inserting ``, and'', and by adding at the end the following
new clause:
``(iii) except as may be otherwise provided by regulations,
in the case of amounts described in clause (i)(VI), will be
distributed only in the form of a qualified distribution (as
defined in subsection (a)(38)(B)(i)) or a qualified plan
distribution annuity contract (as defined in subsection
(a)(38)(B)(iv)),''.
(c) Section 403(b) Plans.--
(1) Annuity contracts.--Paragraph (11) of section 403(b) of
the Internal Revenue Code of 1986 is amended by striking
``or'' at the end of subparagraph (B), by striking the period
at the end of subparagraph (C) and inserting ``, or'', and by
inserting after subparagraph (C) the following new
subparagraph:
``(D) except as may be otherwise provided by regulations,
with respect to amounts invested in a lifetime income
investment (as defined in section 401(a)(38)(B)(ii))--
``(i) on or after the date that is 90 days prior to the
date that such lifetime income investment may no longer be
held as an investment option under the contract, and
``(ii) in the form of a qualified distribution (as defined
in section 401(a)(38)(B)(i)) or a qualified plan distribution
annuity contract (as defined in section
401(a)(38)(B)(iv)).''.
(2) Custodial accounts.--Subparagraph (A) of section
403(b)(7) of such Code is amended by striking ``if--'' and
all that follows and inserting ``if the amounts are to be
invested in regulated investment company stock to be held in
that custodial account, and under the custodial account--
``(i) no such amounts may be paid or made available to any
distributee (unless such amount is a distribution to which
section 72(t)(2)(G) applies) before--
``(I) the employee dies,
``(II) the employee attains age 59\1/2\,
``(III) the employee has a severance from employment,
``(IV) the employee becomes disabled (within the meaning of
section 72(m)(7)),
``(V) in the case of contributions made pursuant to a
salary reduction agreement (within the meaning of section
3121(a)(5)(D)), the employee encounters financial hardship,
or
``(VI) except as may be otherwise provided by regulations,
with respect to amounts invested in a lifetime income
investment (as defined in section 401(a)(38)(B)(ii)), the
date that is 90 days prior to the date that such lifetime
income investment may no longer be held as an investment
option under the contract, and
``(ii) in the case of amounts described in clause (i)(VI),
such amounts will be distributed only in the form of a
qualified distribution (as defined in section
401(a)(38)(B)(i)) or a qualified plan distribution annuity
contract (as defined in section 401(a)(38)(B)(iv)).''.
(d) Eligible Deferred Compensation Plans.--
(1) In general.--Subparagraph (A) of section 457(d)(1) of
the Internal Revenue Code of 1986 is amended by striking
``or'' at the end of clause (ii), by inserting ``or'' at the
end of clause (iii), and by adding after clause (iii) the
following:
``(iv) except as may be otherwise provided by regulations,
in the case of a plan maintained by an employer described in
subsection (e)(1)(A), with respect to amounts invested in a
lifetime income investment (as defined in section
401(a)(38)(B)(ii)), the date that is 90 days prior to the
date that such lifetime income investment may no longer be
held as an investment option under the plan,''.
(2) Distribution requirement.--Paragraph (1) of section
457(d) of such Code is amended by striking ``and'' at the end
of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by inserting
after subparagraph (C) the following new subparagraph:
``(D) except as may be otherwise provided by regulations,
in the case of amounts described in subparagraph (A)(iv),
such amounts will be distributed only in the form of a
qualified distribution (as defined in section
401(a)(38)(B)(i)) or a qualified plan distribution annuity
contract (as defined in section 401(a)(38)(B)(iv)).''.
(e) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2019.
SEC. 110. TREATMENT OF CUSTODIAL ACCOUNTS ON TERMINATION OF
SECTION 403(B) PLANS.
Not later than six months after the date of enactment of
this Act, the Secretary of the Treasury shall issue guidance
to provide that, if an employer terminates the plan under
which amounts are contributed to a custodial account under
subparagraph (A) of section 403(b)(7), the plan administrator
or custodian may distribute an individual custodial account
in kind to a participant or beneficiary of the plan and the
distributed custodial account shall be maintained by the
custodian on a tax-deferred basis as a section 403(b)(7)
custodial account, similar to the treatment of fully-paid
individual annuity contracts under Revenue Ruling 2011-7,
until amounts are actually paid to the participant or
beneficiary. The guidance shall provide further (i) that the
section 403(b)(7) status of the distributed custodial account
is generally maintained if the custodial account thereafter
adheres to the requirements of section 403(b) that are in
effect at the time of the distribution of the account and
(ii) that a custodial account would not be considered
distributed to the participant or beneficiary
[[Page H10562]]
if the employer has any material retained rights under the
account (but the employer would not be treated as retaining
material rights simply because the custodial account was
originally opened under a group contract). Such guidance
shall be retroactively effective for taxable years beginning
after December 31, 2008.
SEC. 111. CLARIFICATION OF RETIREMENT INCOME ACCOUNT RULES
RELATING TO CHURCH-CONTROLLED ORGANIZATIONS.
(a) In General.--Subparagraph (B) of section 403(b)(9) of
the Internal Revenue Code of 1986 is amended by inserting
``(including an employee described in section 414(e)(3)(B))''
after ``employee described in paragraph (1)''.
(b) Effective Date.--The amendment made by this section
shall apply to years beginning before, on, or after the date
of the enactment of this Act.
SEC. 112. QUALIFIED CASH OR DEFERRED ARRANGEMENTS MUST ALLOW
LONG-TERM EMPLOYEES WORKING MORE THAN 500 BUT
LESS THAN 1,000 HOURS PER YEAR TO PARTICIPATE.
(a) Participation Requirement.--
(1) In general.--Section 401(k)(2)(D) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(D) which does not require, as a condition of
participation in the arrangement, that an employee complete a
period of service with the employer (or employers)
maintaining the plan extending beyond the close of the
earlier of--
``(i) the period permitted under section 410(a)(1)
(determined without regard to subparagraph (B)(i) thereof),
or
``(ii) subject to the provisions of paragraph (15), the
first period of 3 consecutive 12-month periods during each of
which the employee has at least 500 hours of service.''.
(2) Special rules.--Section 401(k) of such Code is amended
by adding at the end the following new paragraph:
``(15) Special rules for participation requirement for
long-term, part-time workers.--For purposes of paragraph
(2)(D)(ii)--
``(A) Age requirement must be met.--Paragraph (2)(D)(ii)
shall not apply to an employee unless the employee has met
the requirement of section 410(a)(1)(A)(i) by the close of
the last of the 12-month periods described in such paragraph.
``(B) Nondiscrimination and top-heavy rules not to apply.--
``(i) Nondiscrimination rules.--In the case of employees
who are eligible to participate in the arrangement solely by
reason of paragraph (2)(D)(ii)--
``(I) notwithstanding subsection (a)(4), an employer shall
not be required to make nonelective or matching contributions
on behalf of such employees even if such contributions are
made on behalf of other employees eligible to participate in
the arrangement, and
``(II) an employer may elect to exclude such employees from
the application of subsection (a)(4), paragraphs (3), (12),
and (13), subsection (m)(2), and section 410(b).
``(ii) Top-heavy rules.--An employer may elect to exclude
all employees who are eligible to participate in a plan
maintained by the employer solely by reason of paragraph
(2)(D)(ii) from the application of the vesting and benefit
requirements under subsections (b) and (c) of section 416.
``(iii) Vesting.--For purposes of determining whether an
employee described in clause (i) has a nonforfeitable right
to employer contributions (other than contributions described
in paragraph (3)(D)(i)) under the arrangement, each 12-month
period for which the employee has at least 500 hours of
service shall be treated as a year of service, and section
411(a)(6) shall be applied by substituting `at least 500
hours of service' for `more than 500 hours of service' in
subparagraph (A) thereof.
``(iv) Employees who become full-time employees.--This
subparagraph (other than clause (iii)) shall cease to apply
to any employee as of the first plan year beginning after the
plan year in which the employee meets the requirements of
section 410(a)(1)(A)(ii) without regard to paragraph
(2)(D)(ii).
``(C) Exception for employees under collectively bargained
plans, etc.--Paragraph (2)(D)(ii) shall not apply to
employees described in section 410(b)(3).
``(D) Special rules.--
``(i) Time of participation.--The rules of section
410(a)(4) shall apply to an employee eligible to participate
in an arrangement solely by reason of paragraph (2)(D)(ii).
``(ii) 12-month periods.--12-month periods shall be
determined in the same manner as under the last sentence of
section 410(a)(3)(A).''.
(b) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2020,
except that, for purposes of section 401(k)(2)(D)(ii) of the
Internal Revenue Code of 1986 (as added by such amendments),
12-month periods beginning before January 1, 2021, shall not
be taken into account.
SEC. 113. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR
INDIVIDUALS IN CASE OF BIRTH OF CHILD OR
ADOPTION.
(a) In General.--Section 72(t)(2) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
``(H) Distributions from retirement plans in case of birth
of child or adoption.--
``(i) In general.--Any qualified birth or adoption
distribution.
``(ii) Limitation.--The aggregate amount which may be
treated as qualified birth or adoption distributions by any
individual with respect to any birth or adoption shall not
exceed $5,000.
``(iii) Qualified birth or adoption distribution.--For
purposes of this subparagraph--
``(I) In general.--The term `qualified birth or adoption
distribution' means any distribution from an applicable
eligible retirement plan to an individual if made during the
1-year period beginning on the date on which a child of the
individual is born or on which the legal adoption by the
individual of an eligible adoptee is finalized.
``(II) Eligible adoptee.--The term `eligible adoptee' means
any individual (other than a child of the taxpayer's spouse)
who has not attained age 18 or is physically or mentally
incapable of self-support.
``(iv) Treatment of plan distributions.--
``(I) In general.--If a distribution to an individual would
(without regard to clause (ii)) be a qualified birth or
adoption distribution, a plan shall not be treated as failing
to meet any requirement of this title merely because the plan
treats the distribution as a qualified birth or adoption
distribution, unless the aggregate amount of such
distributions from all plans maintained by the employer (and
any member of any controlled group which includes the
employer) to such individual exceeds $5,000.
``(II) Controlled group.--For purposes of subclause (I),
the term `controlled group' means any group treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414.
``(v) Amount distributed may be repaid.--
``(I) In general.--Any individual who receives a qualified
birth or adoption distribution may make one or more
contributions in an aggregate amount not to exceed the amount
of such distribution to an applicable eligible retirement
plan of which such individual is a beneficiary and to which a
rollover contribution of such distribution could be made
under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or
457(e)(16), as the case may be.
``(II) Limitation on contributions to applicable eligible
retirement plans other than IRAs.--The aggregate amount of
contributions made by an individual under subclause (I) to
any applicable eligible retirement plan which is not an
individual retirement plan shall not exceed the aggregate
amount of qualified birth or adoption distributions which are
made from such plan to such individual. Subclause (I) shall
not apply to contributions to any applicable eligible
retirement plan which is not an individual retirement plan
unless the individual is eligible to make contributions
(other than those described in subclause (I)) to such
applicable eligible retirement plan.
``(III) Treatment of repayments of distributions from
applicable eligible retirement plans other than IRAs.--If a
contribution is made under subclause (I) with respect to a
qualified birth or adoption distribution from an applicable
eligible retirement plan other than an individual retirement
plan, then the taxpayer shall, to the extent of the amount of
the contribution, be treated as having received such
distribution in an eligible rollover distribution (as defined
in section 402(c)(4)) and as having transferred the amount to
the applicable eligible retirement plan in a direct trustee
to trustee transfer within 60 days of the distribution.
``(IV) Treatment of repayments for distributions from
IRAs.--If a contribution is made under subclause (I) with
respect to a qualified birth or adoption distribution from an
individual retirement plan, then, to the extent of the amount
of the contribution, such distribution shall be treated as a
distribution described in section 408(d)(3) and as having
been transferred to the applicable eligible retirement plan
in a direct trustee to trustee transfer within 60 days of the
distribution.
``(vi) Definition and special rules.--For purposes of this
subparagraph--
``(I) Applicable eligible retirement plan.--The term
`applicable eligible retirement plan' means an eligible
retirement plan (as defined in section 402(c)(8)(B)) other
than a defined benefit plan.
``(II) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405, a qualified birth or adoption
distribution shall not be treated as an eligible rollover
distribution.
``(III) Taxpayer must include tin.--A distribution shall
not be treated as a qualified birth or adoption distribution
with respect to any child or eligible adoptee unless the
taxpayer includes the name, age, and TIN of such child or
eligible adoptee on the taxpayer's return of tax for the
taxable year.
``(IV) Distributions treated as meeting plan distribution
requirements.--Any qualified birth or adoption distribution
shall be treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A).''.
(b) Effective Date.--The amendments made by this section
shall apply to distributions made after December 31, 2019.
SEC. 114. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR
MANDATORY DISTRIBUTIONS.
(a) In General.--Section 401(a)(9)(C)(i)(I) of the Internal
Revenue Code of 1986 is amended by striking ``age 70\1/2\''
and inserting ``age 72''.
[[Page H10563]]
(b) Spouse Beneficiaries; Special Rule for Owners.--
Subparagraphs (B)(iv)(I) and (C)(ii)(I) of section 401(a)(9)
of such Code are each amended by striking ``age 70\1/2\'' and
inserting ``age 72''.
(c) Conforming Amendments.--The last sentence of section
408(b) of such Code is amended by striking ``age 70\1/2\''
and inserting ``age 72''.
(d) Effective Date.--The amendments made by this section
shall apply to distributions required to be made after
December 31, 2019, with respect to individuals who attain age
70\1/2\ after such date.
SEC. 115. SPECIAL RULES FOR MINIMUM FUNDING STANDARDS FOR
COMMUNITY NEWSPAPER PLANS.
(a) Amendment to Internal Revenue Code of 1986.--Section
430 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new subsection:
``(m) Special Rules for Community Newspaper Plans.--
``(1) In general.--The plan sponsor of a community
newspaper plan under which no participant has had the
participant's accrued benefit increased (whether because of
service or compensation) after December 31, 2017, may elect
to have the alternative standards described in paragraph (3)
apply to such plan, and any plan sponsored by any member of
the same controlled group.
``(2) Election.--An election under paragraph (1) shall be
made at such time and in such manner as prescribed by the
Secretary. Such election, once made with respect to a plan
year, shall apply to all subsequent plan years unless revoked
with the consent of the Secretary.
``(3) Alternative minimum funding standards.--The
alternative standards described in this paragraph are the
following:
``(A) Interest rates.--
``(i) In general.--Notwithstanding subsection (h)(2)(C) and
except as provided in clause (ii), the first, second, and
third segment rates in effect for any month for purposes of
this section shall be 8 percent.
``(ii) New benefit accruals.--Notwithstanding subsection
(h)(2), for purposes of determining the funding target and
normal cost of a plan for any plan year, the present value of
any benefits accrued or earned under the plan for a plan year
with respect to which an election under paragraph (1) is in
effect shall be determined on the basis of the United States
Treasury obligation yield curve for the day that is the
valuation date of such plan for such plan year.
``(iii) United states treasury obligation yield curve.--For
purposes of this subsection, the term `United States Treasury
obligation yield curve' means, with respect to any day, a
yield curve which shall be prescribed by the Secretary for
such day on interest-bearing obligations of the United
States.
``(B) Shortfall amortization base.--
``(i) Previous shortfall amortization bases.--The shortfall
amortization bases determined under subsection (c)(3) for all
plan years preceding the first plan year to which the
election under paragraph (1) applies (and all shortfall
amortization installments determined with respect to such
bases) shall be reduced to zero under rules similar to the
rules of subsection (c)(6).
``(ii) New shortfall amortization base.--Notwithstanding
subsection (c)(3), the shortfall amortization base for the
first plan year to which the election under paragraph (1)
applies shall be the funding shortfall of such plan for such
plan year (determined using the interest rates as modified
under subparagraph (A)).
``(C) Determination of shortfall amortization
installments.--
``(i) 30-year period.--Subparagraphs (A) and (B) of
subsection (c)(2) shall be applied by substituting `30-plan-
year' for `7-plan-year' each place it appears.
``(ii) No special election.--The election under
subparagraph (D) of subsection (c)(2) shall not apply to any
plan year to which the election under paragraph (1) applies.
``(D) Exemption from at-risk treatment.--Subsection (i)
shall not apply.
``(4) Community newspaper plan.--For purposes of this
subsection--
``(A) In general.--The term `community newspaper plan'
means a plan to which this section applies maintained by an
employer which, as of December 31, 2017--
``(i) publishes and distributes daily, either
electronically or in printed form, 1 or more community
newspapers in a single State,
``(ii) is not a company the stock of which is publicly
traded (on a stock exchange or in an over-the-counter
market), and is not controlled, directly or indirectly, by
such a company,
``(iii) is controlled, directly or indirectly--
``(I) by 1 or more persons residing primarily in the State
in which the community newspaper is published,
``(II) for not less than 30 years by individuals who are
members of the same family,
``(III) by a trust created or organized in the State in
which the community newspaper is published, the sole trustees
of which are persons described in subclause (I) or (II),
``(IV) by an entity which is described in section 501(c)(3)
and exempt from taxation under section 501(a), which is
organized and operated in the State in which the community
newspaper is published, and the primary purpose of which is
to benefit communities in such State, or
``(V) by a combination of persons described in subclause
(I), (III), or (IV), and
``(iv) does not control, directly or indirectly, any
newspaper in any other State.
``(B) Community newspaper.--The term `community newspaper'
means a newspaper which primarily serves a metropolitan
statistical area, as determined by the Office of Management
and Budget, with a population of not less than 100,000.
``(C) Control.--A person shall be treated as controlled by
another person if such other person possesses, directly or
indirectly, the power to direct or cause the direction and
management of such person (including the power to elect a
majority of the members of the board of directors of such
person) through the ownership of voting securities.
``(5) Controlled group.--For purposes of this subsection,
the term `controlled group' means all persons treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 as of the date of the enactment of this
subsection.''.
(b) Amendment to Employee Retirement Income Security Act of
1974.--Section 303 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1083) is amended by adding at the end
the following new subsection:
``(m) Special Rules for Community Newspaper Plans.--
``(1) In general.--The plan sponsor of a community
newspaper plan under which no participant has had the
participant's accrued benefit increased (whether because of
service or compensation) after December 31, 2017, may elect
to have the alternative standards described in paragraph (3)
apply to such plan, and any plan sponsored by any member of
the same controlled group.
``(2) Election.--An election under paragraph (1) shall be
made at such time and in such manner as prescribed by the
Secretary of the Treasury. Such election, once made with
respect to a plan year, shall apply to all subsequent plan
years unless revoked with the consent of the Secretary of the
Treasury.
``(3) Alternative minimum funding standards.--The
alternative standards described in this paragraph are the
following:
``(A) Interest rates.--
``(i) In general.--Notwithstanding subsection (h)(2)(C) and
except as provided in clause (ii), the first, second, and
third segment rates in effect for any month for purposes of
this section shall be 8 percent.
``(ii) New benefit accruals.--Notwithstanding subsection
(h)(2), for purposes of determining the funding target and
normal cost of a plan for any plan year, the present value of
any benefits accrued or earned under the plan for a plan year
with respect to which an election under paragraph (1) is in
effect shall be determined on the basis of the United States
Treasury obligation yield curve for the day that is the
valuation date of such plan for such plan year.
``(iii) United states treasury obligation yield curve.--For
purposes of this subsection, the term `United States Treasury
obligation yield curve' means, with respect to any day, a
yield curve which shall be prescribed by the Secretary of the
Treasury for such day on interest-bearing obligations of the
United States.
``(B) Shortfall amortization base.--
``(i) Previous shortfall amortization bases.--The shortfall
amortization bases determined under subsection (c)(3) for all
plan years preceding the first plan year to which the
election under paragraph (1) applies (and all shortfall
amortization installments determined with respect to such
bases) shall be reduced to zero under rules similar to the
rules of subsection (c)(6).
``(ii) New shortfall amortization base.--Notwithstanding
subsection (c)(3), the shortfall amortization base for the
first plan year to which the election under paragraph (1)
applies shall be the funding shortfall of such plan for such
plan year (determined using the interest rates as modified
under subparagraph (A)).
``(C) Determination of shortfall amortization
installments.--
``(i) 30-year period.--Subparagraphs (A) and (B) of
subsection (c)(2) shall be applied by substituting `30-plan-
year' for `7-plan-year' each place it appears.
``(ii) No special election.--The election under
subparagraph (D) of subsection (c)(2) shall not apply to any
plan year to which the election under paragraph (1) applies.
``(D) Exemption from at-risk treatment.--Subsection (i)
shall not apply.
``(4) Community newspaper plan.--For purposes of this
subsection--
``(A) In general.--The term `community newspaper plan'
means a plan to which this section applies maintained by an
employer which, as of December 31, 2017--
``(i) publishes and distributes daily, either
electronically or in printed form--
``(I) a community newspaper, or
``(II) 1 or more community newspapers in the same State,
``(ii) is not a company the stock of which is publicly
traded (on a stock exchange or in an over-the-counter
market), and is not controlled, directly or indirectly, by
such a company,
``(iii) is controlled, directly or indirectly--
``(I) by 1 or more persons residing primarily in the State
in which the community newspaper is published,
``(II) for not less than 30 years by individuals who are
members of the same family,
``(III) by a trust created or organized in the State in
which the community newspaper is published, the sole trustees
of which are persons described in subclause (I) or (II),
``(IV) by an entity which is described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code, which is organized
[[Page H10564]]
and operated in the State in which the community newspaper is
published, and the primary purpose of which is to benefit
communities in such State, or
``(V) by a combination of persons described in subclause
(I), (III), or (IV), and
``(iv) does not control, directly or indirectly, any
newspaper in any other State.
``(B) Community newspaper.--The term `community newspaper'
means a newspaper which primarily serves a metropolitan
statistical area, as determined by the Office of Management
and Budget, with a population of not less than 100,000.
``(C) Control.--A person shall be treated as controlled by
another person if such other person possesses, directly or
indirectly, the power to direct or cause the direction and
management of such person (including the power to elect a
majority of the members of the board of directors of such
person) through the ownership of voting securities.
``(5) Controlled group.--For purposes of this subsection,
the term `controlled group' means all persons treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986 as of the
date of the enactment of this subsection.
``(6) Effect on premium rate calculation.--Notwithstanding
any other provision of law or any regulation issued by the
Pension Benefit Guaranty Corporation, in the case of a plan
for which an election is made to apply the alternative
standards described in paragraph (3), the additional premium
under section 4006(a)(3)(E) shall be determined as if such
election had not been made.''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years ending after December 31, 2017.
SEC. 116. TREATING EXCLUDED DIFFICULTY OF CARE PAYMENTS AS
COMPENSATION FOR DETERMINING RETIREMENT
CONTRIBUTION LIMITATIONS.
(a) Individual Retirement Accounts.--
(1) In general.--Section 408(o) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(5) Special rule for difficulty of care payments excluded
from gross income.--In the case of an individual who for a
taxable year excludes from gross income under section 131 a
qualified foster care payment which is a difficulty of care
payment, if--
``(A) the deductible amount in effect for the taxable year
under subsection (b), exceeds
``(B) the amount of compensation includible in the
individual's gross income for the taxable year,
the individual may elect to increase the nondeductible limit
under paragraph (2) for the taxable year by an amount equal
to the lesser of such excess or the amount so excluded.''.
(2) Effective date.--The amendments made by this subsection
shall apply to contributions after the date of the enactment
of this Act.
(b) Defined Contribution Plans.--
(1) In general.--Section 415(c) of such Code is amended by
adding at the end the following new paragraph:
``(8) Special rule for difficulty of care payments excluded
from gross income.--
``(A) In general.--For purposes of paragraph (1)(B), in the
case of an individual who for a taxable year excludes from
gross income under section 131 a qualified foster care
payment which is a difficulty of care payment, the
participant's compensation, or earned income, as the case may
be, shall be increased by the amount so excluded.
``(B) Contributions allocable to difficulty of care
payments treated as after-tax.--Any contribution by the
participant which is allowable due to such increase--
``(i) shall be treated for purposes of this title as
investment in the contract, and
``(ii) shall not cause a plan (and any arrangement which is
part of such plan) to be treated as failing to meet any
requirements of this chapter solely by reason of allowing any
such contributions.''.
(2) Effective date.--The amendment made by this subsection
shall apply to plan years beginning after December 31, 2015.
TITLE II--ADMINISTRATIVE IMPROVEMENTS
SEC. 201. PLAN ADOPTED BY FILING DUE DATE FOR YEAR MAY BE
TREATED AS IN EFFECT AS OF CLOSE OF YEAR.
(a) In General.--Subsection (b) of section 401 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``Retroactive Changes in Plan.--A stock
bonus'' and inserting ``Plan Amendments.--
``(1) Certain retroactive changes in plan.--A stock
bonus''; and
(2) by adding at the end the following new paragraph:
``(2) Adoption of plan.--If an employer adopts a stock
bonus, pension, profit-sharing, or annuity plan after the
close of a taxable year but before the time prescribed by law
for filing the return of the employer for the taxable year
(including extensions thereof), the employer may elect to
treat the plan as having been adopted as of the last day of
the taxable year.''.
(b) Effective Date.--The amendments made by this section
shall apply to plans adopted for taxable years beginning
after December 31, 2019.
SEC. 202. COMBINED ANNUAL REPORT FOR GROUP OF PLANS.
(a) In General.--The Secretary of the Treasury and the
Secretary of Labor shall, in cooperation, modify the returns
required under section 6058 of the Internal Revenue Code of
1986 and the reports required by section 104 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1024) so
that all members of a group of plans described in subsection
(c) may file a single aggregated annual return or report
satisfying the requirements of both such sections.
(b) Administrative Requirements.--In developing the
consolidated return or report under subsection (a), the
Secretary of the Treasury and the Secretary of Labor may
require such return or report to include any information
regarding each plan in the group as such Secretaries
determine is necessary or appropriate for the enforcement and
administration of the Internal Revenue Code of 1986 and the
Employee Retirement Income Security Act of 1974 and shall
require such information as will enable a participant in a
plan to identify any aggregated return or report filed with
respect to the plan.
(c) Plans Described.--A group of plans is described in this
subsection if all plans in the group--
(1) are individual account plans or defined contribution
plans (as defined in section 3(34) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(34)) or in
section 414(i) of the Internal Revenue Code of 1986);
(2) have--
(A) the same trustee (as described in section 403(a) of
such Act (29 U.S.C. 1103(a)));
(B) the same one or more named fiduciaries (as described in
section 402(a) of such Act (29 U.S.C. 1102(a)));
(C) the same administrator (as defined in section 3(16)(A)
of such Act (29 U.S.C. 1002(16)(A))) and plan administrator
(as defined in section 414(g) of the Internal Revenue Code of
1986); and
(D) plan years beginning on the same date; and
(3) provide the same investments or investment options to
participants and beneficiaries.
A plan not subject to title I of the Employee Retirement
Income Security Act of 1974 shall be treated as meeting the
requirements of paragraph (2) as part of a group of plans if
the same person that performs each of the functions described
in such paragraph, as applicable, for all other plans in such
group performs each of such functions for such plan.
(d) Clarification Relating to Electronic Filing of Returns
for Deferred Compensation Plans.--
(1) In general.--Section 6011(e) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(6) Application of numerical limitation to returns
relating to deferred compensation plans.--For purposes of
applying the numerical limitation under paragraph (2)(A) to
any return required under section 6058, information regarding
each plan for which information is provided on such return
shall be treated as a separate return.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to returns required to be filed with respect to
plan years beginning after December 31, 2019.
(e) Effective Date.--The modification required by
subsection (a) shall be implemented not later than January 1,
2022, and shall apply to returns and reports for plan years
beginning after December 31, 2021.
SEC. 203. DISCLOSURE REGARDING LIFETIME INCOME.
(a) In General.--Subparagraph (B) of section 105(a)(2) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1025(a)(2)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking ``diversification.'' and
inserting ``diversification, and''; and
(3) by inserting at the end the following:
``(iii) the lifetime income disclosure described in
subparagraph (D)(i).
In the case of pension benefit statements described in clause
(i) of paragraph (1)(A), a lifetime income disclosure under
clause (iii) of this subparagraph shall be required to be
included in only one pension benefit statement during any one
12-month period.''.
(b) Lifetime Income.--Paragraph (2) of section 105(a) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1025(a)) is amended by adding at the end the following
new subparagraph:
``(D) Lifetime income disclosure.--
``(i) In general.--
``(I) Disclosure.--A lifetime income disclosure shall set
forth the lifetime income stream equivalent of the total
benefits accrued with respect to the participant or
beneficiary.
``(II) Lifetime income stream equivalent of the total
benefits accrued.--For purposes of this subparagraph, the
term `lifetime income stream equivalent of the total benefits
accrued' means the amount of monthly payments the participant
or beneficiary would receive if the total accrued benefits of
such participant or beneficiary were used to provide lifetime
income streams described in subclause (III), based on
assumptions specified in rules prescribed by the Secretary.
``(III) Lifetime income streams.--The lifetime income
streams described in this subclause are a qualified joint and
survivor annuity (as defined in section 205(d)), based on
assumptions specified in rules prescribed by the Secretary,
including the assumption that
[[Page H10565]]
the participant or beneficiary has a spouse of equal age, and
a single life annuity. Such lifetime income streams may have
a term certain or other features to the extent permitted
under rules prescribed by the Secretary.
``(ii) Model disclosure.--Not later than 1 year after the
date of the enactment of the Setting Every Community Up for
Retirement Enhancement Act of 2019, the Secretary shall issue
a model lifetime income disclosure, written in a manner so as
to be understood by the average plan participant, which--
``(I) explains that the lifetime income stream equivalent
is only provided as an illustration;
``(II) explains that the actual payments under the lifetime
income stream described in clause (i)(III) which may be
purchased with the total benefits accrued will depend on
numerous factors and may vary substantially from the lifetime
income stream equivalent in the disclosures;
``(III) explains the assumptions upon which the lifetime
income stream equivalent was determined; and
``(IV) provides such other similar explanations as the
Secretary considers appropriate.
``(iii) Assumptions and rules.--Not later than 1 year after
the date of the enactment of the Setting Every Community Up
for Retirement Enhancement Act of 2019, the Secretary shall--
``(I) prescribe assumptions which administrators of
individual account plans may use in converting total accrued
benefits into lifetime income stream equivalents for purposes
of this subparagraph; and
``(II) issue interim final rules under clause (i).
In prescribing assumptions under subclause (I), the Secretary
may prescribe a single set of specific assumptions (in which
case the Secretary may issue tables or factors which
facilitate such conversions), or ranges of permissible
assumptions. To the extent that an accrued benefit is or may
be invested in a lifetime income stream described in clause
(i)(III), the assumptions prescribed under subclause (I)
shall, to the extent appropriate, permit administrators of
individual account plans to use the amounts payable under
such lifetime income stream as a lifetime income stream
equivalent.
``(iv) Limitation on liability.--No plan fiduciary, plan
sponsor, or other person shall have any liability under this
title solely by reason of the provision of lifetime income
stream equivalents which are derived in accordance with the
assumptions and rules described in clause (iii) and which
include the explanations contained in the model lifetime
income disclosure described in clause (ii). This clause shall
apply without regard to whether the provision of such
lifetime income stream equivalent is required by subparagraph
(B)(iii).
``(v) Effective date.--The requirement in subparagraph
(B)(iii) shall apply to pension benefit statements furnished
more than 12 months after the latest of the issuance by the
Secretary of--
``(I) interim final rules under clause (i);
``(II) the model disclosure under clause (ii); or
``(III) the assumptions under clause (iii).''.
SEC. 204. FIDUCIARY SAFE HARBOR FOR SELECTION OF LIFETIME
INCOME PROVIDER.
Section 404 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1104) is amended by adding at the end the
following:
``(e) Safe Harbor for Annuity Selection.--
``(1) In general.--With respect to the selection of an
insurer for a guaranteed retirement income contract, the
requirements of subsection (a)(1)(B) will be deemed to be
satisfied if a fiduciary--
``(A) engages in an objective, thorough, and analytical
search for the purpose of identifying insurers from which to
purchase such contracts;
``(B) with respect to each insurer identified under
subparagraph (A)--
``(i) considers the financial capability of such insurer to
satisfy its obligations under the guaranteed retirement
income contract; and
``(ii) considers the cost (including fees and commissions)
of the guaranteed retirement income contract offered by the
insurer in relation to the benefits and product features of
the contract and administrative services to be provided under
such contract; and
``(C) on the basis of such consideration, concludes that--
``(i) at the time of the selection, the insurer is
financially capable of satisfying its obligations under the
guaranteed retirement income contract; and
``(ii) the relative cost of the selected guaranteed
retirement income contract as described in subparagraph
(B)(ii) is reasonable.
``(2) Financial capability of the insurer.--A fiduciary
will be deemed to satisfy the requirements of paragraphs
(1)(B)(i) and (1)(C)(i) if--
``(A) the fiduciary obtains written representations from
the insurer that--
``(i) the insurer is licensed to offer guaranteed
retirement income contracts;
``(ii) the insurer, at the time of selection and for each
of the immediately preceding 7 plan years--
``(I) operates under a certificate of authority from the
insurance commissioner of its domiciliary State which has not
been revoked or suspended;
``(II) has filed audited financial statements in accordance
with the laws of its domiciliary State under applicable
statutory accounting principles;
``(III) maintains (and has maintained) reserves which
satisfies all the statutory requirements of all States where
the insurer does business; and
``(IV) is not operating under an order of supervision,
rehabilitation, or liquidation;
``(iii) the insurer undergoes, at least every 5 years, a
financial examination (within the meaning of the law of its
domiciliary State) by the insurance commissioner of the
domiciliary State (or representative, designee, or other
party approved by such commissioner); and
``(iv) the insurer will notify the fiduciary of any change
in circumstances occurring after the provision of the
representations in clauses (i), (ii), and (iii) which would
preclude the insurer from making such representations at the
time of issuance of the guaranteed retirement income
contract; and
``(B) after receiving such representations and as of the
time of selection, the fiduciary has not received any notice
described in subparagraph (A)(iv) and is in possession of no
other information which would cause the fiduciary to question
the representations provided.
``(3) No requirement to select lowest cost.--Nothing in
this subsection shall be construed to require a fiduciary to
select the lowest cost contract. A fiduciary may consider the
value of a contract, including features and benefits of the
contract and attributes of the insurer (including, without
limitation, the insurer's financial strength) in conjunction
with the cost of the contract.
``(4) Time of selection.--
``(A) In general.--For purposes of this subsection, the
time of selection is--
``(i) the time that the insurer and the contract are
selected for distribution of benefits to a specific
participant or beneficiary; or
``(ii) if the fiduciary periodically reviews the continuing
appropriateness of the conclusion described in paragraph
(1)(C) with respect to a selected insurer, taking into
account the considerations described in such paragraph, the
time that the insurer and the contract are selected to
provide benefits at future dates to participants or
beneficiaries under the plan.
Nothing in the preceding sentence shall be construed to
require the fiduciary to review the appropriateness of a
selection after the purchase of a contract for a participant
or beneficiary.
``(B) Periodic review.--A fiduciary will be deemed to have
conducted the periodic review described in subparagraph
(A)(ii) if the fiduciary obtains the written representations
described in clauses (i), (ii), and (iii) of paragraph (2)(A)
from the insurer on an annual basis, unless the fiduciary
receives any notice described in paragraph (2)(A)(iv) or
otherwise becomes aware of facts that would cause the
fiduciary to question such representations.
``(5) Limited liability.--A fiduciary which satisfies the
requirements of this subsection shall not be liable following
the distribution of any benefit, or the investment by or on
behalf of a participant or beneficiary pursuant to the
selected guaranteed retirement income contract, for any
losses that may result to the participant or beneficiary due
to an insurer's inability to satisfy its financial
obligations under the terms of such contract.
``(6) Definitions.--For purposes of this subsection--
``(A) Insurer.--The term `insurer' means an insurance
company, insurance service, or insurance organization,
including affiliates of such companies.
``(B) Guaranteed retirement income contract.--The term
`guaranteed retirement income contract' means an annuity
contract for a fixed term or a contract (or provision or
feature thereof) which provides guaranteed benefits annually
(or more frequently) for at least the remainder of the life
of the participant or the joint lives of the participant and
the participant's designated beneficiary as part of an
individual account plan.''.
SEC. 205. MODIFICATION OF NONDISCRIMINATION RULES TO PROTECT
OLDER, LONGER SERVICE PARTICIPANTS.
(a) In General.--Section 401 of the Internal Revenue Code
of 1986 is amended--
(1) by redesignating subsection (o) as subsection (p); and
(2) by inserting after subsection (n) the following new
subsection:
``(o) Special Rules for Applying Nondiscrimination Rules to
Protect Older, Longer Service and Grandfathered
Participants.--
``(1) Testing of defined benefit plans with closed classes
of participants.--
``(A) Benefits, rights, or features provided to closed
classes.--A defined benefit plan which provides benefits,
rights, or features to a closed class of participants shall
not fail to satisfy the requirements of subsection (a)(4) by
reason of the composition of such closed class or the
benefits, rights, or features provided to such closed class,
if--
``(i) for the plan year as of which the class closes and
the 2 succeeding plan years, such benefits, rights, and
features satisfy the requirements of subsection (a)(4)
(without regard to this subparagraph but taking into account
the rules of subparagraph (I)),
``(ii) after the date as of which the class was closed, any
plan amendment which modifies the closed class or the
benefits, rights, and features provided to such closed
[[Page H10566]]
class does not discriminate significantly in favor of highly
compensated employees, and
``(iii) the class was closed before April 5, 2017, or the
plan is described in subparagraph (C).
``(B) Aggregate testing with defined contribution plans
permitted on a benefits basis.--
``(i) In general.--For purposes of determining compliance
with subsection (a)(4) and section 410(b), a defined benefit
plan described in clause (iii) may be aggregated and tested
on a benefits basis with 1 or more defined contribution
plans, including with the portion of 1 or more defined
contribution plans which--
``(I) provides matching contributions (as defined in
subsection (m)(4)(A)),
``(II) provides annuity contracts described in section
403(b) which are purchased with matching contributions or
nonelective contributions, or
``(III) consists of an employee stock ownership plan
(within the meaning of section 4975(e)(7)) or a tax credit
employee stock ownership plan (within the meaning of section
409(a)).
``(ii) Special rules for matching contributions.--For
purposes of clause (i), if a defined benefit plan is
aggregated with a portion of a defined contribution plan
providing matching contributions--
``(I) such defined benefit plan must also be aggregated
with any portion of such defined contribution plan which
provides elective deferrals described in subparagraph (A) or
(C) of section 402(g)(3), and
``(II) such matching contributions shall be treated in the
same manner as nonelective contributions, including for
purposes of applying the rules of subsection (l).
``(iii) Plans described.--A defined benefit plan is
described in this clause if--
``(I) the plan provides benefits to a closed class of
participants,
``(II) for the plan year as of which the class closes and
the 2 succeeding plan years, the plan satisfies the
requirements of section 410(b) and subsection (a)(4) (without
regard to this subparagraph but taking into account the rules
of subparagraph (I)),
``(III) after the date as of which the class was closed,
any plan amendment which modifies the closed class or the
benefits provided to such closed class does not discriminate
significantly in favor of highly compensated employees, and
``(IV) the class was closed before April 5, 2017, or the
plan is described in subparagraph (C).
``(C) Plans described.--A plan is described in this
subparagraph if, taking into account any predecessor plan--
``(i) such plan has been in effect for at least 5 years as
of the date the class is closed, and
``(ii) during the 5-year period preceding the date the
class is closed, there has not been a substantial increase in
the coverage or value of the benefits, rights, or features
described in subparagraph (A) or in the coverage or benefits
under the plan described in subparagraph (B)(iii) (whichever
is applicable).
``(D) Determination of substantial increase for benefits,
rights, and features.--In applying subparagraph (C)(ii) for
purposes of subparagraph (A)(iii), a plan shall be treated as
having had a substantial increase in coverage or value of the
benefits, rights, or features described in subparagraph (A)
during the applicable 5-year period only if, during such
period--
``(i) the number of participants covered by such benefits,
rights, or features on the date such period ends is more than
50 percent greater than the number of such participants on
the first day of the plan year in which such period began, or
``(ii) such benefits, rights, and features have been
modified by 1 or more plan amendments in such a way that, as
of the date the class is closed, the value of such benefits,
rights, and features to the closed class as a whole is
substantially greater than the value as of the first day of
such 5-year period, solely as a result of such amendments.
``(E) Determination of substantial increase for aggregate
testing on benefits basis.--In applying subparagraph (C)(ii)
for purposes of subparagraph (B)(iii)(IV), a plan shall be
treated as having had a substantial increase in coverage or
benefits during the applicable 5-year period only if, during
such period--
``(i) the number of participants benefitting under the plan
on the date such period ends is more than 50 percent greater
than the number of such participants on the first day of the
plan year in which such period began, or
``(ii) the average benefit provided to such participants on
the date such period ends is more than 50 percent greater
than the average benefit provided on the first day of the
plan year in which such period began.
``(F) Certain employees disregarded.--For purposes of
subparagraphs (D) and (E), any increase in coverage or value
or in coverage or benefits, whichever is applicable, which is
attributable to such coverage and value or coverage and
benefits provided to employees--
``(i) who became participants as a result of a merger,
acquisition, or similar event which occurred during the 7-
year period preceding the date the class is closed, or
``(ii) who became participants by reason of a merger of the
plan with another plan which had been in effect for at least
5 years as of the date of the merger,
shall be disregarded, except that clause (ii) shall apply for
purposes of subparagraph (D) only if, under the merger, the
benefits, rights, or features under 1 plan are conformed to
the benefits, rights, or features of the other plan
prospectively.
``(G) Rules relating to average benefit.--For purposes of
subparagraph (E)--
``(i) the average benefit provided to participants under
the plan will be treated as having remained the same between
the 2 dates described in subparagraph (E)(ii) if the benefit
formula applicable to such participants has not changed
between such dates, and
``(ii) if the benefit formula applicable to 1 or more
participants under the plan has changed between such 2 dates,
then the average benefit under the plan shall be considered
to have increased by more than 50 percent only if--
``(I) the total amount determined under section
430(b)(1)(A)(i) for all participants benefitting under the
plan for the plan year in which the 5-year period described
in subparagraph (E) ends, exceeds
``(II) the total amount determined under section
430(b)(1)(A)(i) for all such participants for such plan year,
by using the benefit formula in effect for each such
participant for the first plan year in such 5-year period,
by more than 50 percent. In the case of a CSEC plan (as
defined in section 414(y)), the normal cost of the plan (as
determined under section 433(j)(1)(B)) shall be used in lieu
of the amount determined under section 430(b)(1)(A)(i).
``(H) Treatment as single plan.--For purposes of
subparagraphs (E) and (G), a plan described in section 413(c)
shall be treated as a single plan rather than as separate
plans maintained by each employer in the plan.
``(I) Special rules.--For purposes of subparagraphs (A)(i)
and (B)(iii)(II), the following rules shall apply:
``(i) In applying section 410(b)(6)(C), the closing of the
class of participants shall not be treated as a significant
change in coverage under section 410(b)(6)(C)(i)(II).
``(ii) 2 or more plans shall not fail to be eligible to be
aggregated and treated as a single plan solely by reason of
having different plan years.
``(iii) Changes in the employee population shall be
disregarded to the extent attributable to individuals who
become employees or cease to be employees, after the date the
class is closed, by reason of a merger, acquisition,
divestiture, or similar event.
``(iv) Aggregation and all other testing methodologies
otherwise applicable under subsection (a)(4) and section
410(b) may be taken into account.
The rule of clause (ii) shall also apply for purposes of
determining whether plans to which subparagraph (B)(i)
applies may be aggregated and treated as 1 plan for purposes
of determining whether such plans meet the requirements of
subsection (a)(4) and section 410(b).
``(J) Spun-off plans.--For purposes of this paragraph, if a
portion of a defined benefit plan described in subparagraph
(A) or (B)(iii) is spun off to another employer and the spun-
off plan continues to satisfy the requirements of--
``(i) subparagraph (A)(i) or (B)(iii)(II), whichever is
applicable, if the original plan was still within the 3-year
period described in such subparagraph at the time of the spin
off, and
``(ii) subparagraph (A)(ii) or (B)(iii)(III), whichever is
applicable,
the treatment under subparagraph (A) or (B) of the spun-off
plan shall continue with respect to such other employer.
``(2) Testing of defined contribution plans.--
``(A) Testing on a benefits basis.--A defined contribution
plan shall be permitted to be tested on a benefits basis if--
``(i) such defined contribution plan provides make-whole
contributions to a closed class of participants whose
accruals under a defined benefit plan have been reduced or
eliminated,
``(ii) for the plan year of the defined contribution plan
as of which the class eligible to receive such make-whole
contributions closes and the 2 succeeding plan years, such
closed class of participants satisfies the requirements of
section 410(b)(2)(A)(i) (determined by applying the rules of
paragraph (1)(I)),
``(iii) after the date as of which the class was closed,
any plan amendment to the defined contribution plan which
modifies the closed class or the allocations, benefits,
rights, and features provided to such closed class does not
discriminate significantly in favor of highly compensated
employees, and
``(iv) the class was closed before April 5, 2017, or the
defined benefit plan under clause (i) is described in
paragraph (1)(C) (as applied for purposes of paragraph
(1)(B)(iii)(IV)).
``(B) Aggregation with plans including matching
contributions.--
``(i) In general.--With respect to 1 or more defined
contribution plans described in subparagraph (A), for
purposes of determining compliance with subsection (a)(4) and
section 410(b), the portion of such plans which provides
make-whole contributions or other nonelective contributions
may be aggregated and tested on a benefits basis with the
portion of 1 or more other defined contribution plans which--
``(I) provides matching contributions (as defined in
subsection (m)(4)(A)),
``(II) provides annuity contracts described in section
403(b) which are purchased with matching contributions or
nonelective contributions, or
``(III) consists of an employee stock ownership plan
(within the meaning of section
[[Page H10567]]
4975(e)(7)) or a tax credit employee stock ownership plan
(within the meaning of section 409(a)).
``(ii) Special rules for matching contributions.--Rules
similar to the rules of paragraph (1)(B)(ii) shall apply for
purposes of clause (i).
``(C) Special rules for testing defined contribution plan
features providing matching contributions to certain older,
longer service participants.--In the case of a defined
contribution plan which provides benefits, rights, or
features to a closed class of participants whose accruals
under a defined benefit plan have been reduced or eliminated,
the plan shall not fail to satisfy the requirements of
subsection (a)(4) solely by reason of the composition of the
closed class or the benefits, rights, or features provided to
such closed class if the defined contribution plan and
defined benefit plan otherwise meet the requirements of
subparagraph (A) but for the fact that the make-whole
contributions under the defined contribution plan are made in
whole or in part through matching contributions.
``(D) Spun-off plans.--For purposes of this paragraph, if a
portion of a defined contribution plan described in
subparagraph (A) or (C) is spun off to another employer, the
treatment under subparagraph (A) or (C) of the spun-off plan
shall continue with respect to the other employer if such
plan continues to comply with the requirements of clauses
(ii) (if the original plan was still within the 3-year period
described in such clause at the time of the spin off) and
(iii) of subparagraph (A), as determined for purposes of
subparagraph (A) or (C), whichever is applicable.
``(3) Definitions and special rule.--For purposes of this
subsection--
``(A) Make-whole contributions.--Except as otherwise
provided in paragraph (2)(C), the term `make-whole
contributions' means nonelective allocations for each
employee in the class which are reasonably calculated, in a
consistent manner, to replace some or all of the retirement
benefits which the employee would have received under the
defined benefit plan and any other plan or qualified cash or
deferred arrangement under subsection (k)(2) if no change had
been made to such defined benefit plan and such other plan or
arrangement. For purposes of the preceding sentence,
consistency shall not be required with respect to employees
who were subject to different benefit formulas under the
defined benefit plan.
``(B) References to closed class of participants.--
References to a closed class of participants and similar
references to a closed class shall include arrangements under
which 1 or more classes of participants are closed, except
that 1 or more classes of participants closed on different
dates shall not be aggregated for purposes of determining the
date any such class was closed.
``(C) Highly compensated employee.--The term `highly
compensated employee' has the meaning given such term in
section 414(q).''.
(b) Participation Requirements.--Paragraph (26) of section
401(a) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
``(I) Protected participants.--
``(i) In general.--A plan shall be deemed to satisfy the
requirements of subparagraph (A) if--
``(I) the plan is amended--
``(aa) to cease all benefit accruals, or
``(bb) to provide future benefit accruals only to a closed
class of participants,
``(II) the plan satisfies subparagraph (A) (without regard
to this subparagraph) as of the effective date of the
amendment, and
``(III) the amendment was adopted before April 5, 2017, or
the plan is described in clause (ii).
``(ii) Plans described.--A plan is described in this clause
if the plan would be described in subsection (o)(1)(C), as
applied for purposes of subsection (o)(1)(B)(iii)(IV) and by
treating the effective date of the amendment as the date the
class was closed for purposes of subsection (o)(1)(C).
``(iii) Special rules.--For purposes of clause (i)(II), in
applying section 410(b)(6)(C), the amendments described in
clause (i) shall not be treated as a significant change in
coverage under section 410(b)(6)(C)(i)(II).
``(iv) Spun-off plans.--For purposes of this subparagraph,
if a portion of a plan described in clause (i) is spun off to
another employer, the treatment under clause (i) of the spun-
off plan shall continue with respect to the other
employer.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act, without regard to whether any
plan modifications referred to in such amendments are adopted
or effective before, on, or after such date of enactment.
(2) Special rules.--
(A) Election of earlier application.--At the election of
the plan sponsor, the amendments made by this section shall
apply to plan years beginning after December 31, 2013.
(B) Closed classes of participants.--For purposes of
paragraphs (1)(A)(iii), (1)(B)(iii)(IV), and (2)(A)(iv) of
section 401(o) of the Internal Revenue Code of 1986 (as added
by this section), a closed class of participants shall be
treated as being closed before April 5, 2017, if the plan
sponsor's intention to create such closed class is reflected
in formal written documents and communicated to participants
before such date.
(C) Certain post-enactment plan amendments.--A plan shall
not be treated as failing to be eligible for the application
of section 401(o)(1)(A), 401(o)(1)(B)(iii), or 401(a)(26) of
such Code (as added by this section) to such plan solely
because in the case of--
(i) such section 401(o)(1)(A), the plan was amended before
the date of the enactment of this Act to eliminate 1 or more
benefits, rights, or features, and is further amended after
such date of enactment to provide such previously eliminated
benefits, rights, or features to a closed class of
participants, or
(ii) such section 401(o)(1)(B)(iii) or section 401(a)(26),
the plan was amended before the date of the enactment of this
Act to cease all benefit accruals, and is further amended
after such date of enactment to provide benefit accruals to a
closed class of participants.
Any such section shall only apply if the plan otherwise meets
the requirements of such section and in applying such
section, the date the class of participants is closed shall
be the effective date of the later amendment.
SEC. 206. MODIFICATION OF PBGC PREMIUMS FOR CSEC PLANS.
(a) Flat Rate Premium.--Subparagraph (A) of section
4006(a)(3) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1306(a)(3)) is amended--
(1) in clause (i), by striking ``plan,'' and inserting
``plan other than a CSEC plan (as defined in section
210(f)(1))'';
(2) in clause (v), by striking ``or'' at the end;
(3) in clause (vi), by striking the period at the end and
inserting ``, or''; and
(4) by adding at the end the following new clause:
``(vii) in the case of a CSEC plan (as defined in section
210(f)(1)), for plan years beginning after December 31, 2018,
for each individual who is a participant in such plan during
the plan year an amount equal to the sum of--
``(I) the additional premium (if any) determined under
subparagraph (E), and
``(II) $19.''.
(b) Variable Rate Premium.--
(1) Unfunded vested benefits.--
(A) In general.--Subparagraph (E) of section 4006(a)(3) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1306(a)(3)) is amended by adding at the end the
following new clause:
``(v) For purposes of clause (ii), in the case of a CSEC
plan (as defined in section 210(f)(1)), the term `unfunded
vested benefits' means, for plan years beginning after
December 31, 2018, the excess (if any) of--
``(I) the funding liability of the plan as determined under
section 306(j)(5)(C) for the plan year by only taking into
account vested benefits, over
``(II) the fair market value of plan assets for the plan
year which are held by the plan on the valuation date.''.
(B) Conforming amendment.--Clause (iii) of section
4006(a)(3)(E) of such Act (29 U.S.C. 1306(a)(3)(E)) is
amended by striking ``For purposes'' and inserting ``Except
as provided in clause (v), for purposes''.
(2) Applicable dollar amount.--
(A) In general.--Paragraph (8) of section 4006(a) of such
Act (29 U.S.C. 1306(a)) is amended by adding at the end the
following new subparagraph:
``(E) CSEC plans.--In the case of a CSEC plan (as defined
in section 210(f)(1)), the applicable dollar amount shall be
$9.''.
(B) Conforming amendment.--Subparagraph (A) of section
4006(a)(8) of such Act (29 U.S.C. 1306(a)(8)) is amended by
striking ``(B) and (C)'' and inserting ``(B), (C), and (E)''.
TITLE III--OTHER BENEFITS
SEC. 301. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND
EMERGENCY MEDICAL RESPONDERS.
(a) Increase in Dollar Limitation on Qualified Payments.--
Subparagraph (B) of section 139B(c)(2) of the Internal
Revenue Code of 1986 is amended by striking ``$30'' and
inserting ``$50''.
(b) Extension.--Section 139B(d) of the Internal Revenue
Code of 1986 is amended by striking ``beginning after
December 31, 2010.'' and inserting ``beginning--
``(1) after December 31, 2010, and before January 1, 2020,
or
``(2) after December 31, 2020.''.
(c) Technical Correction.--Section 3121(a)(23) of such Code
is amended by striking ``139B(b)'' and inserting ``section
139B(a)''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2019.
SEC. 302. EXPANSION OF SECTION 529 PLANS.
(a) Distributions for Certain Expenses Associated With
Registered Apprenticeship Programs.--Section 529(c) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(8) Treatment of certain expenses associated with
registered apprenticeship programs.--Any reference in this
subsection to the term `qualified higher education expense'
shall include a reference to expenses for fees, books,
supplies, and equipment required for the participation of a
designated beneficiary in an apprenticeship program
registered and certified with the Secretary of Labor under
section 1 of the National Apprenticeship Act (29 U.S.C.
50).''.
(b) Distributions for Qualified Education Loan
Repayments.--
(1) In general.--Section 529(c) of such Code, as amended by
subsection (a), is amended by adding at the end the following
new paragraph:
``(9) Treatment of qualified education loan repayments.--
``(A) In general.--Any reference in this subsection to the
term `qualified higher education expense' shall include a
reference to
[[Page H10568]]
amounts paid as principal or interest on any qualified
education loan (as defined in section 221(d)) of the
designated beneficiary or a sibling of the designated
beneficiary.
``(B) Limitation.--The amount of distributions treated as a
qualified higher education expense under this paragraph with
respect to the loans of any individual shall not exceed
$10,000 (reduced by the amount of distributions so treated
for all prior taxable years).
``(C) Special rules for siblings of the designated
beneficiary.--
``(i) Separate accounting.--For purposes of subparagraph
(B) and subsection (d), amounts treated as a qualified higher
education expense with respect to the loans of a sibling of
the designated beneficiary shall be taken into account with
respect to such sibling and not with respect to such
designated beneficiary.
``(ii) Sibling defined.--For purposes of this paragraph,
the term `sibling' means an individual who bears a
relationship to the designated beneficiary which is described
in section 152(d)(2)(B).''.
(2) Coordination with deduction for student loan
interest.--Section 221(e)(1) of such Code is amended by
adding at the end the following: ``The deduction otherwise
allowable under subsection (a) (prior to the application of
subsection (b)) to the taxpayer for any taxable year shall be
reduced (but not below zero) by so much of the distributions
treated as a qualified higher education expense under section
529(c)(9) with respect to loans of the taxpayer as would be
includible in gross income under section 529(c)(3)(A) for
such taxable year but for such treatment.''.
(c) Effective Date.--The amendments made by this section
shall apply to distributions made after December 31, 2018.
TITLE IV--REVENUE PROVISIONS
SEC. 401. MODIFICATION OF REQUIRED DISTRIBUTION RULES FOR
DESIGNATED BENEFICIARIES.
(a) Modification of Rules Where Employee Dies Before Entire
Distribution.--
(1) In general.--Section 401(a)(9) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
``(H) Special rules for certain defined contribution
plans.--In the case of a defined contribution plan, if an
employee dies before the distribution of the employee's
entire interest--
``(i) In general.--Except in the case of a beneficiary who
is not a designated beneficiary, subparagraph (B)(ii)--
``(I) shall be applied by substituting `10 years' for `5
years', and
``(II) shall apply whether or not distributions of the
employee's interests have begun in accordance with
subparagraph (A).
``(ii) Exception for eligible designated beneficiaries.--
Subparagraph (B)(iii) shall apply only in the case of an
eligible designated beneficiary.
``(iii) Rules upon death of eligible designated
beneficiary.--If an eligible designated beneficiary dies
before the portion of the employee's interest to which this
subparagraph applies is entirely distributed, the exception
under clause (ii) shall not apply to any beneficiary of such
eligible designated beneficiary and the remainder of such
portion shall be distributed within 10 years after the death
of such eligible designated beneficiary.
``(iv) Special rule in case of certain trusts for disabled
or chronically ill beneficiaries.--In the case of an
applicable multi-beneficiary trust, if under the terms of the
trust--
``(I) it is to be divided immediately upon the death of the
employee into separate trusts for each beneficiary, or
``(II) no individual (other than a eligible designated
beneficiary described in subclause (III) or (IV) of
subparagraph (E)(ii)) has any right to the employee's
interest in the plan until the death of all such eligible
designated beneficiaries with respect to the trust,
for purposes of a trust described in subclause (I), clause
(ii) shall be applied separately with respect to the portion
of the employee's interest that is payable to any eligible
designated beneficiary described in subclause (III) or (IV)
of subparagraph (E)(ii); and, for purposes of a trust
described in subclause (II), subparagraph (B)(iii) shall
apply to the distribution of the employee's interest and any
beneficiary who is not such an eligible designated
beneficiary shall be treated as a beneficiary of the eligible
designated beneficiary upon the death of such eligible
designated beneficiary.
``(v) Applicable multi-beneficiary trust.--For purposes of
this subparagraph, the term `applicable multi-beneficiary
trust' means a trust--
``(I) which has more than one beneficiary,
``(II) all of the beneficiaries of which are treated as
designated beneficiaries for purposes of determining the
distribution period pursuant to this paragraph, and
``(III) at least one of the beneficiaries of which is an
eligible designated beneficiary described in subclause (III)
or (IV) of subparagraph (E)(ii).
``(vi) Application to certain eligible retirement plans.--
For purposes of applying the provisions of this subparagraph
in determining amounts required to be distributed pursuant to
this paragraph, all eligible retirement plans (as defined in
section 402(c)(8)(B), other than a defined benefit plan
described in clause (iv) or (v) thereof or a qualified trust
which is a part of a defined benefit plan) shall be treated
as a defined contribution plan.''.
(2) Definition of eligible designated beneficiary.--Section
401(a)(9)(E) of such Code is amended to read as follows:
``(E) Definitions and rules relating to designated
beneficiaries.--For purposes of this paragraph--
``(i) Designated beneficiary.--The term `designated
beneficiary' means any individual designated as a beneficiary
by the employee.
``(ii) Eligible designated beneficiary.--The term `eligible
designated beneficiary' means, with respect to any employee,
any designated beneficiary who is--
``(I) the surviving spouse of the employee,
``(II) subject to clause (iii), a child of the employee who
has not reached majority (within the meaning of subparagraph
(F)),
``(III) disabled (within the meaning of section 72(m)(7)),
``(IV) a chronically ill individual (within the meaning of
section 7702B(c)(2), except that the requirements of
subparagraph (A)(i) thereof shall only be treated as met if
there is a certification that, as of such date, the period of
inability described in such subparagraph with respect to the
individual is an indefinite one which is reasonably expected
to be lengthy in nature), or
``(V) an individual not described in any of the preceding
subclauses who is not more than 10 years younger than the
employee.
The determination of whether a designated beneficiary is an
eligible designated beneficiary shall be made as of the date
of death of the employee.
``(iii) Special rule for children.--Subject to subparagraph
(F), an individual described in clause (ii)(II) shall cease
to be an eligible designated beneficiary as of the date the
individual reaches majority and any remainder of the portion
of the individual's interest to which subparagraph (H)(ii)
applies shall be distributed within 10 years after such
date.''.
(b) Effective Dates.--
(1) In general.--Except as provided in this subsection, the
amendments made by this section shall apply to distributions
with respect to employees who die after December 31, 2019.
(2) Collective bargaining exception.--In the case of a plan
maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or more
employers ratified before the date of enactment of this Act,
the amendments made by this section shall apply to
distributions with respect to employees who die in calendar
years beginning after the earlier of--
(A) the later of--
(i) the date on which the last of such collective
bargaining agreements terminates (determined without regard
to any extension thereof agreed to on or after the date of
the enactment of this Act), or
(ii) December 31, 2019, or
(B) December 31, 2021.
For purposes of subparagraph (A)(i), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any
requirement added by this section shall not be treated as a
termination of such collective bargaining agreement.
(3) Governmental plans.--In the case of a governmental plan
(as defined in section 414(d) of the Internal Revenue Code of
1986), paragraph (1) shall be applied by substituting
``December 31, 2021'' for ``December 31, 2019''.
(4) Exception for certain existing annuity contracts.--
(A) In general.--The amendments made by this section shall
not apply to a qualified annuity which is a binding annuity
contract in effect on the date of enactment of this Act and
at all times thereafter.
(B) Qualified annuity.--For purposes of this paragraph, the
term ``qualified annuity'' means, with respect to an
employee, an annuity--
(i) which is a commercial annuity (as defined in section
3405(e)(6) of the Internal Revenue Code of 1986);
(ii) under which the annuity payments are made over the
life of the employee or over the joint lives of such employee
and a designated beneficiary (or over a period not extending
beyond the life expectancy of such employee or the joint life
expectancy of such employee and a designated beneficiary) in
accordance with the regulations described in section
401(a)(9)(A)(ii) of such Code (as in effect before such
amendments) and which meets the other requirements of section
401(a)(9) of such Code (as so in effect) with respect to such
payments; and
(iii) with respect to which--
(I) annuity payments to the employee have begun before the
date of enactment of this Act, and the employee has made an
irrevocable election before such date as to the method and
amount of the annuity payments to the employee or any
designated beneficiaries; or
(II) if subclause (I) does not apply, the employee has made
an irrevocable election before the date of enactment of this
Act as to the method and amount of the annuity payments to
the employee or any designated beneficiaries.
(5) Exception for certain beneficiaries.--
(A) In general.--If an employee dies before the effective
date, then, in applying the amendments made by this section
to such employee's designated beneficiary who dies after such
date--
(i) such amendments shall apply to any beneficiary of such
designated beneficiary; and
[[Page H10569]]
(ii) the designated beneficiary shall be treated as an
eligible designated beneficiary for purposes of applying
section 401(a)(9)(H)(ii) of the Internal Revenue Code of 1986
(as in effect after such amendments).
(B) Effective date.--For purposes of this paragraph, the
term ``effective date'' means the first day of the first
calendar year to which the amendments made by this section
apply to a plan with respect to employees dying on or after
such date.
SEC. 402. INCREASE IN PENALTY FOR FAILURE TO FILE.
(a) In General.--The second sentence of subsection (a) of
section 6651 of the Internal Revenue Code of 1986 is amended
by striking ``$330'' and inserting ``$435''.
(b) Inflation Adjustment.--Section 6651(j)(1) of such Code
is amended by striking ``$330'' and inserting ``$435''.
(c) Effective Date.--The amendments made by this section
shall apply to returns the due date for which (including
extensions) is after December 31, 2019.
SEC. 403. INCREASED PENALTIES FOR FAILURE TO FILE RETIREMENT
PLAN RETURNS.
(a) In General.--Subsection (e) of section 6652 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``$25'' and inserting ``$250''; and
(2) by striking ``$15,000'' and inserting ``$150,000''.
(b) Annual Registration Statement and Notification of
Changes.--Subsection (d) of section 6652 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``$1'' both places it appears in paragraphs
(1) and (2) and inserting ``$10'';
(2) by striking ``$5,000'' in paragraph (1) and inserting
``$50,000''; and
(3) by striking ``$1,000'' in paragraph (2) and inserting
``$10,000''.
(c) Failure To Provide Notice.--Subsection (h) of section
6652 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``$10'' and inserting ``$100''; and
(2) by striking ``$5,000'' and inserting ``$50,000''.
(d) Effective Date.--The amendments made by this section
shall apply to returns, statements, and notifications
required to be filed, and notices required to be provided,
after December 31, 2019.
SEC. 404. INCREASE INFORMATION SHARING TO ADMINISTER EXCISE
TAXES.
(a) In General.--Section 6103(o) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(3) Taxes imposed by section 4481.--Returns and return
information with respect to taxes imposed by section 4481
shall be open to inspection by or disclosure to officers and
employees of United States Customs and Border Protection of
the Department of Homeland Security whose official duties
require such inspection or disclosure for purposes of
administering such section.''.
(b) Conforming Amendments.--Paragraph (4) of section
6103(p) of the Internal Revenue Code of 1986 is amended by
striking ``or (o)(1)(A)'' each place it appears and inserting
``, (o)(1)(A), or (o)(3)''.
TITLE V--TAX RELIEF FOR CERTAIN CHILDREN
SEC. 501. MODIFICATION OF RULES RELATING TO THE TAXATION OF
UNEARNED INCOME OF CERTAIN CHILDREN.
(a) In General.--Section 1(j) of the Internal Revenue Code
of 1986 is amended by striking paragraph (4).
(b) Coordination With Alternative Minimum Tax.--Section
55(d)(4)(A) of the Internal Revenue Code of 1986 is amended
by striking ``and'' at the end of clause (i)(II), by striking
the period at the end of clause (ii)(III) and inserting ``,
and'', and by adding at the end the following new clause:
``(iii) subsection (j) of section 59 shall not apply.''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendment made by subsection (a) shall apply
to taxable years beginning after December 31, 2019.
(2) Coordination with alternative minimum tax.--The
amendment made by subsection (b) shall apply to taxable years
beginning after December 31, 2017.
(3) Elective retroactive application.--A taxpayer may elect
(at such time and in such manner as the Secretary of the
Treasury (or the Secretary's designee) may provide) for the
amendment made by subsection (a) to also apply to taxable
years of the taxpayer which begin in 2018, 2019, or both (as
specified by the taxpayer in such election).
TITLE VI--ADMINISTRATIVE PROVISIONS
SEC. 601. PROVISIONS RELATING TO PLAN AMENDMENTS.
(a) In General.--If this section applies to any retirement
plan or contract amendment--
(1) such retirement plan or contract shall be treated as
being operated in accordance with the terms of the plan
during the period described in subsection (b)(2)(A); and
(2) except as provided by the Secretary of the Treasury (or
the Secretary's delegate), such retirement plan shall not
fail to meet the requirements of section 411(d)(6) of the
Internal Revenue Code of 1986 and section 204(g) of the
Employee Retirement Income Security Act of 1974 by reason of
such amendment.
(b) Amendments to Which Section Applies.--
(1) In general.--This section shall apply to any amendment
to any retirement plan or annuity contract which is made--
(A) pursuant to any amendment made by this Act or pursuant
to any regulation issued by the Secretary of the Treasury or
the Secretary of Labor (or a delegate of either such
Secretary) under this Act; and
(B) on or before the last day of the first plan year
beginning on or after January 1, 2022, or such later date as
the Secretary of the Treasury may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), or an
applicable collectively bargained plan in the case of section
401 (and the amendments made thereby), this paragraph shall
be applied by substituting ``2024'' for ``2022''. For
purposes of the preceding sentence, the term ``applicable
collectively bargained plan'' means a plan maintained
pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more employers
ratified before the date of enactment of this Act.
(2) Conditions.--This section shall not apply to any
amendment unless--
(A) during the period--
(i) beginning on the date the legislative or regulatory
amendment described in paragraph (1)(A) takes effect (or in
the case of a plan or contract amendment not required by such
legislative or regulatory amendment, the effective date
specified by the plan); and
(ii) ending on the date described in paragraph (1)(B) (as
modified by the second sentence of paragraph (1)) (or, if
earlier, the date the plan or contract amendment is adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect; and
(B) such plan or contract amendment applies retroactively
for such period.
DIVISION P--OTHER MATTER
TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Temporary Relief from
Certain ERISA Requirements Act of 2020''.
SEC. 102. PURPOSE.
The purpose of this Act is to authorize the Secretary of
the Interior, acting through the Commissioner of Reclamation
and in partnership with the States, other Federal agencies,
and other non-Federal entities, to continue the cooperative
effort among the Federal and non-Federal entities through the
continued implementation of the Platte River Recovery
Implementation Program First Increment Extension for
threatened and endangered species in the Central and Lower
Platte River Basin without creating Federal water rights or
requiring the grant of water rights to Federal entities.
SEC. 103. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the Platte
River Recovery Implementation Program Cooperative Agreement
entered into by the Governors of the States and the
Secretary, including an amendment or addendum to the
Agreement to extend the Program.
(2) First increment.--The term ``First Increment'' means
the Program's first 13 years from January 1, 2007 through
December 31, 2019.
(3) First increment extension.--The term ``First Increment
Extension'' means the extension of the Program for 13 years
from January 1, 2020 through December 31, 2032.
(4) Governance committee.--The term ``Governance
Committee'' means the governance committee established under
the Agreement and composed of members from the States, the
Federal Government, environmental interests, and water users.
(5) Interest in land or water.--The term ``interest in land
or water'' includes fee title, short- or long-term easement,
lease, or other contractual arrangement that is determined to
be necessary by the Secretary to implement the land and water
components of the Program.
(6) Program.--The term ``Program'' means the Platte River
Recovery Implementation Program established under the
Agreement and continued under an amendment or addendum to the
Agreement.
(7) Project or activity.--The term ``project or activity''
means--
(A) the planning, design, permitting, or other compliance
activity, construction, construction management, operation,
maintenance, and replacement of a facility;
(B) the acquisition of an interest in land or water;
(C) habitat restoration;
(D) research and monitoring;
(E) program administration; and
(F) any other activity that is determined to be necessary
by the Secretary to carry out the Program.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(9) States.--The term ``States'' means the States of
Colorado, Nebraska, and Wyoming.
SEC. 104. PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM.
(a) Implementation of Program.--
(1) In general.--The Secretary, in cooperation with the
Governance Committee, may--
(A) participate in the Program; and
(B) carry out any projects and activities that are
designated for implementation during the First Increment
Extension.
(2) Authority of the secretary.--For the purposes of
carrying out this section, the
[[Page H10570]]
Secretary, in cooperation with the Governance Committee,
may--
(A) enter into agreements and contracts with Federal and
non-Federal entities;
(B) acquire interests in land, water, and facilities from
willing sellers without the use of eminent domain;
(C) subsequently transfer any interests acquired under
subparagraph (B); and
(D) accept or provide grants.
(b) Cost-Sharing Contributions.--
(1) In general.--As provided in the Agreement, the States
shall contribute not less than 50 percent of the total
contributions necessary to carry out the Program.
(2) Non-federal contributions.--The following contributions
shall constitute the States' share of the Program:
(A) An additional $28,000,000 in non-Federal funds, with
the balance of funds remaining to be contributed to be
adjusted for inflation on October 1 of the year after the
date of enactment of this Act and each October 1 thereafter.
(B) Additional credit for contributions of water or land
for the purposes of implementing the Program, as determined
to be appropriate by the Secretary.
(3) In-kind contributions.--The Secretary or the States may
elect to provide a portion of the Federal share or non-
Federal share, respectively, in the form of in-kind goods or
services, if the contribution of goods or services is
approved by the Governance Committee, as provided in
Attachment 1 of the Agreement.
(c) Authority To Modify Program.--The Program may be
modified or amended before the completion of the First
Increment Extension if the Secretary and the States determine
that the modifications are consistent with the purposes of
the Program.
(d) Effect.--
(1) Effect on reclamation laws.--No action carried out
under this section shall, with respect to the acreage
limitation provisions of the reclamation laws--
(A) be considered in determining whether a district (as the
term is defined in section 202 of the Reclamation Reform Act
of 1982 (43 U.S.C. 390bb)) has discharged the obligation of
the district to repay the construction cost of project
facilities used to make irrigation water available for
delivery to land in the district;
(B) serve as the basis for reinstating acreage limitation
provisions in a district that has completed payment of the
construction obligations of the district; or
(C) serve as the basis for increasing the construction
repayment obligation of the district, which would extend the
period during which the acreage limitation provisions would
apply.
(2) Effect on water rights.--Nothing in this section--
(A) creates Federal water rights; or
(B) requires the grant of water rights to Federal entities.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out projects and activities under this section an
additional $78,000,000 as adjusted under paragraph (3).
(2) Nonreimbursable federal expenditures.--Any amounts to
be expended under paragraph (1) shall be considered
nonreimbursable Federal expenditures.
(3) Adjustment.--The balance of funds remaining to be
expended shall be adjusted for inflation on October 1 of the
year after the date of enactment of this Act and each October
1 thereafter.
(4) Availability of funds.--At the end of each fiscal year,
any unexpended funds for projects and activities made
available under paragraph (1) shall be retained for use in
future fiscal years to implement projects and activities
under the Program. Any unexpended funds appropriated during
the First Increment shall be retained and carried over from
the First Increment into the First Increment Extension.
(f) Termination of Authority.--The authority for the
Secretary to implement the First Increment Extension shall
terminate on September 30, 2033.
TITLE II--GREAT LAKES
SEC. 201. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND
RESEARCH.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(2) Great lakes basin.--The term ``Great Lakes Basin''
means the air, land, water, and living organisms in the
United States within the drainage basin of the Saint Lawrence
River at and upstream from the point at which such river and
the Great Lakes become the international boundary between
Canada and the United States.
(b) Findings.--Congress finds the following:
(1) The Great Lakes support a diverse ecosystem, on which
the vibrant and economically valuable Great Lakes fisheries
depend.
(2) To continue successful fisheries management and
coordination, as has occurred since signing of the Convention
on Great Lakes Fisheries between the United States and Canada
on September 10, 1954, management of the ecosystem and its
fisheries require sound, reliable science, and the use of
modern scientific technologies.
(3) Fisheries research is necessary to support multi-
jurisdictional fishery management decisions and actions
regarding recreational and sport fishing, commercial
fisheries, tribal harvest, allocation decisions, and fish
stocking activities.
(4) President Richard Nixon submitted, and the Congress
approved, Reorganization Plan No. 4 (84 Stat. 2090),
conferring science activities and management of marine
fisheries to the National Oceanic and Atmospheric
Administration.
(5) Reorganization Plan No. 4 expressly excluded fishery
research activities within the Great Lakes from the transfer,
retaining management and scientific research duties within
the already-established jurisdictions under the 1954
Convention on Great Lakes Fisheries, including those of the
Great Lakes Fishery Commission and the Department of the
Interior.
(c) Monitoring, Assessment, Science, and Research.--
(1) In general.--The Director may conduct monitoring,
assessment, science, and research, in support of the
binational fisheries within the Great Lakes Basin.
(2) Specific authorities.--The Director shall, under
paragraph (1)--
(A) execute a comprehensive, multi-lake, freshwater
fisheries science program;
(B) coordinate with and work cooperatively with regional,
State, tribal, and local governments; and
(C) consult with other interested entities groups,
including academia and relevant Canadian agencies.
(3) Included research.--To properly serve the needs of
fisheries managers, monitoring, assessment, science, and
research under this section may include--
(A) deepwater ecosystem sciences;
(B) biological and food-web components;
(C) fish movement and behavior investigations;
(D) fish population structures;
(E) fish habitat investigations;
(F) invasive species science;
(G) use of existing, new, and experimental biological
assessment tools, equipment, vessels, other scientific
instrumentation and laboratory capabilities necessary to
support fishery management decisions; and
(H) studies to assess impacts on Great Lakes Fishery
resources.
(4) Savings clause.--Nothing in this section is intended or
shall be construed to impede, supersede, or alter the
authority of the Great Lakes Fishery Commission, States, and
Indian tribes under the Convention on Great Lakes Fisheries
between the United States of America and Canada on September
10, 1954, and the Great Lakes Fishery Act of 1956 (16 U.S.C.
931 et seq.).
(d) Authorization of Appropriations.--For each of fiscal
years 2021 through 2025, there is authorized to be
appropriated $15,000,000 to carry out this section.
TITLE III--MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION
SEC. 301. FINDINGS.
Congress finds the following:
(1) Since 1999, the Morris K. Udall and Stewart L. Udall
Foundation (referred to in this Act as the ``Foundation'')
has operated the Parks in Focus program to provide
opportunities for the youth of the United States to learn
about and experience the Nation's parks and wilderness, and
other outdoor areas.
(2) Since 2001, the Foundation has conducted research and
provided education and training to Native American and Alaska
Native professionals and leaders on Native American and
Alaska Native health care issues and tribal public policy
through the Native Nations Institute for Leadership,
Management, and Policy.
(3) The Foundation is committed to continuing to make a
substantial contribution toward public policy in the future
by--
(A) playing a significant role in developing the next
generation of environmental, public health, public lands,
natural resource, and Native American leaders; and
(B) working with current leaders to improve collaboration
and decision-making on challenging environmental, energy,
public health, and related economic problems and tribal
governance and economic development issues.
SEC. 302. DEFINITIONS.
(a) In General.--Section 4 of the Morris K. Udall and
Stewart L. Udall Foundation Act (20 U.S.C. 5602) is amended--
(1) in paragraph (2), by striking ``the Udall Center for
Studies in Public Policy established at the University of
Arizona in 1987'' and inserting ``the Udall Center for
Studies in Public Policy established in 1987 at the
University of Arizona, and includes the Native Nations
Institute'';
(2) by striking paragraph (6);
(3) by redesignating paragraphs (3) through (5), (8), and
(9) as paragraphs (4) through (6), (11), and (12),
respectively;
(4) by inserting after paragraph (2) the following:
``(3) the term `collaboration' means to work in partnership
with other entities for the purpose of--
``(A) resolving disputes;
``(B) addressing issues that may cause or result in
disputes; or
``(C) streamlining and enhancing Federal, State, or tribal
environmental and natural resource decision-making processes
or procedures that may result in a dispute or conflict;'';
(5) in paragraph (7), by striking ``section 1201(a)'' and
inserting ``section 101(a)'';
(6) by inserting after paragraph (7) the following:
``(8) the term `National Center' means the John S. McCain
III National Center for Environmental Conflict Resolution
established pursuant to section 7(a)(1)(B);''; and
[[Page H10571]]
(7) by inserting after paragraph (8), as added by paragraph
(6), the following:
``(9) the term `Nation's parks and wilderness' means units
of the National Park System and components of the National
Wilderness Preservation System;
``(10) the term `Native Nations Institute' means the Native
Nations Institute for Leadership, Management, and Policy
established at the University of Arizona in 2001;''.
(b) Conforming Amendment.--Section 3(5)(B) of the Morris K.
Udall and Stewart L. Udall Foundation Act (20 U.S.C.
5601(5)(B)) is amended by striking ``the United States
Institute for Environmental Conflict Resolution'' and
inserting ``the National Center (previously known as the
United States Institute for Environmental Conflict
Resolution)''.
(c) References to United States Institute for Environmental
Conflict Resolution.--Any reference to the United States
Institute for Environmental Conflict Resolution in any
Federal law, Executive Order, rule, delegation of authority,
or document shall be construed to refer to the John S. McCain
III National Center for Environmental Conflict Resolution
established under section 7(a)(1)(B) of the Morris K. Udall
and Stewart L. Udall Foundation Act (20 U.S.C.
5605(a)(1)(B)).
SEC. 303. ESTABLISHMENT OF MORRIS K. UDALL AND STEWART L.
UDALL FOUNDATION.
Section 5(e) of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5603(e)) is amended by striking
``Arizona.'' and inserting ``Arizona and the District of
Columbia.''.
SEC. 304. PURPOSE OF THE FOUNDATION.
Section 6 of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5604) is amended--
(1) in paragraph (4), by striking ``establish a Program for
Environmental Policy Research and Environmental Conflict
Resolution and Training at the Center'' and inserting
``establish a program for environmental policy research at
the Center and a program for environmental conflict
resolution and training at the National Center'';
(2) in paragraph (5), by inserting ``, natural resource,
conflict resolution,'' after ``environmental'';
(3) in paragraph (7)--
(A) by inserting ``at the Native Nations Institute'' after
``develop resources''; and
(B) by inserting ``providing education to and'' after
``policy, by''; and
(4) in paragraph (8)--
(A) by striking ``United States Institute for Environmental
Conflict Resolution'' and inserting ``John S. McCain III
National Center for Environmental Conflict Resolution''; and
(B) by striking ``resolve environmental'' and inserting
``resolve environmental issues, conflicts, and''.
SEC. 305. AUTHORITY OF THE FOUNDATION.
Section 7 of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5605) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A) through (C) and inserting
the following:
``(A) General programming authority.--The Foundation is
authorized to identify and conduct, directly or by contract,
such programs, activities, and services as the Foundation
considers appropriate to carry out the purposes described in
section 6, which may include--
``(i) awarding scholarships, fellowships, internships, and
grants, by national competition, to eligible individuals, as
determined by the Foundation and in accordance with
paragraphs (2), (3), and (4), for study in fields related to
the environment or Native American and Alaska Native health
care and tribal policy;
``(ii) funding the Center to carry out and manage other
programs, activities, and services; and
``(iii) other education programs that the Board determines
are consistent with the purposes for which the Foundation is
established.'';
(ii) by redesignating subparagraph (D) as subparagraph (B);
and
(iii) in subparagraph (B), as redesignated--
(I) in the subparagraph heading, by striking ``Institute
for Environmental Conflict Resolution'' and inserting ``John
s. mccain iii national center for environmental conflict
resolution'';
(II) in clause (i)--
(aa) in subclause (I), by striking ``United States
Institute for Environmental Conflict Resolution'' and
inserting ``John S. McCain III National Center for
Environmental Conflict Resolution''; and
(bb) in subclause (II)--
(AA) by inserting ``collaboration,'' after ``mediation,'';
and
(BB) by striking ``to resolve environmental disputes.'' and
inserting the following: ``to resolve--
``(aa) environmental disputes; and
``(bb) Federal, State, or tribal environmental or natural
resource decision-making processes or procedures that may
result in a dispute or conflict that may cause or result in
disputes.''; and
(III) in clause (ii), by inserting ``collaboration,'' after
``mediation,'';
(B) by striking paragraph (5);
(C) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(D) by inserting after paragraph (4) the following:
``(5) Parks in focus.--The Foundation shall--
``(A) identify and invite the participation of youth
throughout the United States to enjoy the Nation's parks and
wilderness and other outdoor areas, in an education program
intended to carry out the purpose of paragraphs (1) and (2)
of section 6; and
``(B) provide training and education programs and
activities to teach Federal employees, natural resource
professionals, elementary and secondary school educators, and
others to work with youth to promote the use and enjoyment of
the Nation's parks and wilderness and other outdoor areas.
``(6) Specific programs.--The Foundation shall assist in
the development and implementation of programs at the
Center--
``(A) to provide for an annual meeting of experts to
discuss contemporary environmental issues;
``(B) to conduct environmental policy research; and
``(C) to promote dialogue with visiting policymakers on
environmental, natural resource, and public lands issues.'';
(E) in paragraph (7), as redesignated by subparagraph (C),
by striking ``Morris K. Udall's papers'' and inserting ``the
papers of Morris K. Udall and Stewart L. Udall''; and
(F) by adding at the end the following:
``(9) Native nations institute.--The Foundation shall
provide direct or indirect assistance to the Native Nations
Institute from the annual appropriations to the Trust Fund in
such amounts as Congress may direct to conduct research and
provide education and training to Native American and Alaska
Native professionals and leaders on Native American and
Alaska Native health care issues and tribal public policy
issues as provided in section 6(7).'';
(2) by striking subsection (c) and inserting the following:
``(c) Program Priorities.--
``(1) In general.--The Foundation shall determine the
priority of the programs to be carried out under this Act and
the amount of funds to be allocated for such programs from
the funds earned annually from the interest derived from the
investment of the Trust Fund, subject to paragraph (2).
``(2) Limitations.--In determining the amount of funds to
be allocated for programs carried out under this Act for a
year--
``(A) not less than 50 percent of such annual interest
earnings shall be utilized for the programs set forth in
paragraphs (2), (3), (4), and (5) of subsection (a);
``(B) not more than 17.5 percent of such annual interest
earnings shall be allocated for salaries and other
administrative purposes; and
``(C) not less than 20 percent of such annual interest
earnings shall be appropriated to the Center for activities
under paragraphs (7) and (8) of subsection (a).''; and
(3) by adding at the end the following:
``(d) Donations.--Any funds received by the Foundation in
the form of donations or grants, as well as any unexpended
earnings on interest from the Trust Fund that is carried
forward from prior years--
``(1) shall not be included in the calculation of the funds
available for allocations pursuant to subsection (c); and
``(2) shall be available to carry out the provisions of
this Act as the Board determines to be necessary and
appropriate.''.
SEC. 306. ENVIRONMENTAL DISPUTE RESOLUTION FUND.
Section 10(b) of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5607a(b)) is amended by striking
``Institute'' and inserting ``National Center''.
SEC. 307. USE OF THE NATIONAL CENTER BY A FEDERAL AGENCY OR
OTHER ENTITY.
Section 11 of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5607b) is amended--
(1) in the section heading, by striking ``the institute''
and inserting ``the national center'';
(2) in subsection (a)--
(A) by striking ``Institute'' and inserting ``National
Center'';
(B) by inserting ``collaboration,'' after ``mediation,'';
and
(C) by striking ``resources.'' and inserting ``resources,
or with a Federal, State, or tribal process or procedure that
may result in a dispute or conflict.'';
(3) in subsection (b)(1), by striking ``Institute'' and
inserting ``National Center'';
(4) in subsection (c)--
(A) in paragraph (1), by striking ``Institute'' and
inserting ``National Center'';
(B) in paragraph (2)(C), by inserting ``mediation,
collaboration, and'' after ``agree to''; and
(C) in paragraph (3)(A), by striking ``Institute'' and
inserting ``National Center'';
(5) in each of paragraphs (1)(A) and (2) of subsection (d),
by striking ``Institute'' and inserting ``National Center'';
(6) in each of paragraphs (1) and (2) of subsection (e), by
striking ``Institute'' and inserting ``National Center''; and
(7) in subsection (f), by striking ``Institute'' and
inserting ``National Center''.
SEC. 308. ADMINISTRATIVE PROVISIONS.
Section 12 of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5608) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``accept, hold,
administer, and utilize gifts'' and inserting ``accept, hold,
solicit, administer, and utilize donations, grants, and
gifts''; and
[[Page H10572]]
(B) in paragraph (7), by striking ``in the District of
Columbia or its environs'' and inserting ``in the District of
Columbia and Tucson, Arizona, or their environs''; and
(2) in subsection (b), by striking ``, with the exception
of paragraph (4), apply to the Institute'' and inserting
``apply to the National Center''.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5609) is amended--
(1) in subsection (a), by striking ``$40,000,000'' and
inserting ``$2,000,000 for each of fiscal years 2020 through
2023''; and
(2) in subsection (b), by striking ``fiscal years 2004
through 2008'' and inserting ``fiscal years 2020 through
2023''.
SEC. 310. AUDIT OF THE FOUNDATION.
Not later than 2 years after the date of enactment of this
Act, the Inspector General of the Department of the Interior
shall conduct an audit of the Morris K. Udall and Stewart L.
Udall Foundation.
TITLE IV--WHITE HORSE HILL NATIONAL GAME PRESERVE
SEC. 401. SHORT TITLE.
This title may be cited as the ``White Horse Hill National
Game Preserve Designation Act''.
SEC. 402. DESIGNATION OF WHITE HORSE HILL NATIONAL GAME
PRESERVE, NORTH DAKOTA.
(a) Redesignation.--The first section of the Act of March
3, 1931 (46 Stat. 1509, chapter 439; 16 U.S.C. 674a), is
amended by striking ``Sullys Hill National Game Preserve''
and inserting ``White Horse Hill National Game Preserve''.
(b) Conforming Amendment.--Section 2 of the Act of March 3,
1931 (46 Stat. 1509, chapter 439; 16 U.S.C. 674b), is amended
by striking ``Sullys Hill National Game Preserve'' and
inserting ``White Horse Hill National Game Preserve''.
(c) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Sullys Hill National Game Preserve shall be considered to be
a reference to the ``White Horse Hill National Game
Preserve''.
TITLE V--PITTMAN-ROBERTSON FUND
SEC. 501. MODERNIZING THE PITTMAN-ROBERTSON FUND FOR
TOMORROW'S NEEDS.
(a) Short Title.--This title may be cited as the
``Modernizing the Pittman-Robertson Fund for Tomorrow's Needs
Act''.
(b) Purpose.--The first section of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669) is amended by adding
at the end the following: ``One of the purposes of this Act
is to provide financial and technical assistance to the
States for the promotion of hunting and recreational
shooting.''.
(c) Definitions.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (9) as
paragraphs (4) through (11), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) for the purposes of determining the number of paid
hunting-license holders in a State, the term `fiscal year'
means the fiscal year or license year of the State;
``(3) the term `hunter recruitment and recreational shooter
recruitment' means any activity or project to recruit or
retain hunters and recreational shooters, including by--
``(A) outreach and communications as a means--
``(i) to improve communications with hunters, recreational
shooters, and the general public with respect to hunting and
recreational shooting opportunities;
``(ii) to reduce barriers to participation in these
activities;
``(iii) to advance the adoption of sound hunting and
recreational shooting practices;
``(iv) to promote conservation and the responsible use of
the wildlife resources of the United States; and
``(v) to further safety in hunting and recreational
shooting;
``(B) providing education, mentoring, and field
demonstrations;
``(C) enhancing access for hunting and recreational
shooting, including through range construction; and
``(D) providing education to the public about the role of
hunting and recreational shooting in funding wildlife
conservation;''.
(d) Apportionment of Available Amounts.--
(1) Apportionment of certain taxes.--The first subsection
(c) of section 4 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669c) is amended--
(A) by inserting ``Apportionment of Revenues From Pistols,
Revolvers, Bows, and Arrows.--'' after the enumerator;
(B) by striking ``One-half'' and inserting the following:
``(1) In general.--Subject to paragraph (2), \1/2\'';
(C) by striking ``: Provided, That'' and inserting a
period;
(D) by striking ``each State shall be apportioned not more
than 3 per centum and not less than 1 per centum of such
revenues'' and inserting the following:
``(2) Condition.--The amount apportioned to each State
under paragraph (1) shall be not greater than 3 percent and
not less than 1 percent of the revenues described in such
paragraph'';
(E) by striking ``For the purpose'' and inserting the
following:
``(3) Population determination.--For the purpose''; and
(F) by adding at the end the following:
``(4) Use of funds.--In addition to other uses authorized
under this Act, amounts apportioned under this subsection may
be used for hunter recruitment and recreational shooter
recruitment.''.
(2) Technical correction.--Section 4 of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended--
(A) by redesignating the second subsection (c) and
subsection (d) as subsections (d) and (e), respectively; and
(B) by striking ``subsection (c)'' in the redesignated
section 4(e)(3) and replacing it with ``subsection (d), as
redesignated''.
(e) Expenditures for Management of Wildlife Areas and
Resources.--Section 8 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g) is amended--
(1) in subsection (a), in the third sentence, by striking
``and public relations''; and
(2) in subsection (b), in the first sentence, by striking
``, as a part of such program''.
(f) Firearm and Bow Hunter Education and Safety Program
Grants.--Section 10(a)(1)(A) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669h-1(a)(1)(A)) is
amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(v) the enhancement of hunter recruitment and
recreational shooter recruitment; and''.
(g) Multistate Conservation Grant Program.--
(1) In general.--Section 11 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669h-2) is amended--
(A) in subsection (a)(1)--
(i) by striking ``Not more than'' and inserting the
following:
``(A) In general.--Not more than''; and
(ii) by adding at the end the following:
``(B) Availability for hunter and recreational shooter
grants.--Not more than $5,000,000 of the revenues covered
into the fund from any tax imposed under section 4161(b) of
the Internal Revenue Code of 1986 for a fiscal year shall be
available to the Secretary exclusively for making hunter
recruitment and recreational shooter recruitment grants that
promote a national hunting and shooting sport recruitment
program, including related communication and outreach
activities.'';
(B) in the matter preceding subsection (b)(3)(A), by
striking ``International'';
(C) in the matter preceding subsection (c)(2)(A)(i), by
striking ``International'';
(D) in subsection (c)(2)(A)(i), by inserting ``or to
recreational shooting activities'' after ``wildlife''; and
(E) in subsection (d), by inserting ``or to recreational
shooting activities'' after ``wildlife''.
(2) Study.--Not later than 10 years after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall--
(A) review and evaluate the effects of the funds made
available under subparagraph (B) of section 11(a)(1) of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-
2(a)(1)) (as added by paragraph (1)(A)(ii)) on funds
available for wildlife conservation; and
(B) submit a report describing the results of the review
and evaluation under paragraph (1) to--
(i) the Committee on Environment and Public Works of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
TITLE VI--JOHN F. KENNEDY CENTER
SEC. 601. SHORT TITLE.
This title may be cited as the ``John F. Kennedy Center
Reauthorization Act of 2019''.
SEC. 602. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r), as amended by the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2020,
is further amended by striking subsections (a) and (b) and
inserting the following:
``(a) Maintenance, Repair, and Security.--There are
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H)--
``(1) $25,690,000 for fiscal year 2020;
``(2) $27,000,000 for fiscal year 2021;
``(3) $28,000,000 for fiscal year 2022;
``(4) $29,000,000 for fiscal year 2023; and
``(5) $30,000,000 for fiscal year 2024.
``(b) Capital Projects.--There are authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1)--
``(1) $17,800,000 for fiscal year 2020;
``(2) $18,000,000 for fiscal year 2021;
``(3) $19,000,000 for fiscal year 2022;
``(4) $20,000,000 for fiscal year 2023; and
``(5) $21,000,000 for fiscal year 2024.''.
SEC. 603. COMMEMORATION OF THE JOHN F. KENNEDY CENTER FOR THE
PERFORMING ARTS.
(a) Sense of Congress.--It is the sense of Congress that
the John F. Kennedy Center for the Performing Arts (referred
to in this Act as the ``Center'')--
(1) recognize the year 2021 as the 50th anniversary of the
opening of the Center;
(2) acknowledge and commemorate the mission of the Center
as a national center for the performing arts and a national
memorial to President John F. Kennedy; and
(3) recognize that the year 2018 is the 60th anniversary of
the signing of the National Cultural Center Act (now known as
the
[[Page H10573]]
``John F. Kennedy Center Act'') (20 U.S.C. 76h et seq.),
signed into law by President Dwight D. Eisenhower on
September 2, 1958.
(b) Authorization for Plaque.--
(1) In general.--The Center shall place within the Center a
plaque containing an inscription to commemorate the 60th
anniversary of the signing of the National Cultural Center
Act (20 U.S.C. 76h et seq.) by President Dwight D.
Eisenhower.
(2) Specifications.--The plaque shall be--
(A)(i) not less than 6 square feet in size; and
(ii) not more than 18 square feet in size;
(B) of any shape that the Trustees of the Center determine
to be appropriate; and
(C) placed at a location within the Center approximate to
the Eisenhower Theater that the Trustees of the Center
determine to be appropriate.
(3) Funding.--
(A) In general.--No Federal funds may be used to design,
procure, or install the plaque.
(B) Exception.--Subparagraph (A) shall not affect the
payment of salaries, expenses, and benefits otherwise
authorized by law for members and employees of the Center who
participate in carrying out this subsection.
(4) Private fundraising authorized.--
(A) In general.--The Center may solicit and accept private
contributions for the design, procurement, and installation
of the plaque.
(B) Accounting.--The Center may--
(i) establish an account into which any contributions
received pursuant to subparagraph (A) shall be deposited; and
(ii) maintain documentation of any contributions received
pursuant to subparagraph (A).
TITLE VII--PRESERVING AMERICA'S BATTLEFIELDS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Preserving America's
Battlefields Act''.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR BATTLEFIELD
ACQUISITION GRANT PROGRAM.
Section 308103(f) of title 54, United States Code, is
amended by striking ``$10,000,000 for each of fiscal years
2012 and 2013'' and inserting ``$18,000,000 for each of
fiscal years 2020 through 2028''.
SEC. 703. ESTABLISHMENT OF BATTLEFIELD INTERPRETATION
MODERNIZATION GRANT PROGRAM AND BATTLEFIELD
RESTORATION GRANT PROGRAM.
(a) Establishment of Battlefield Grant Programs.--Chapter
3081 of title 54, United States Code, is amended by adding at
the end the following:
``Sec. 308104. Battlefield interpretation modernization grant
program
``(a) Establishment.--The Secretary shall establish a
battlefield interpretation modernization grant program under
which the Secretary may provide competitive grants to States,
Tribes, local governments, and nonprofit organizations for
projects and programs that deploy technology to modernize
battlefield interpretation and education.
``(b) Eligible Sites.--The Secretary may make grants under
this section for Revolutionary War, War of 1812, and Civil
War battlefield sites eligible for assistance under the
battlefield acquisition grant program established under
section 308103(b).
``(c) Federal Share.--The Federal share of the cost of a
project or program funded through a grant provided under the
program established under subsection (a) shall be not more
than 50 percent of the total cost of the applicable project
or program.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to provide grants under
this section $1,000,000 for each of fiscal years 2020 through
2028.
``Sec. 308105. Battlefield restoration grant program
``(a) Establishment.--The Secretary shall establish a
battlefield restoration grant program (referred to in this
section as the `program') under which the Secretary may
provide grants to States, Tribes, local governments, and
nonprofit organizations for projects that restore day-of-
battle conditions on land preserved under the battlefield
acquisition grant program established under section
308103(b).
``(b) Eligible Sites.--The Secretary may make grants under
this section for Revolutionary War, War of 1812, and Civil
War battlefield sites eligible for assistance under the
battlefield acquisition grant program established under
section 308103(b).
``(c) Federal Share.--The Federal share of the cost of a
restoration project funded through a grant provided under the
program shall be not more than 50 percent of the total cost
of the project.
``(d) Restoration Standards.--All restoration work carried
out through a grant awarded under the program shall be
performed in accordance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties under part
68 of title 36, Code of Federal Regulations (or successor
regulations).
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to provide grants under
this section $1,000,000 for each of fiscal years 2020 through
2028.''.
(b) Clerical Amendment.--The analysis for chapter 3081 of
title 54, United States Code, is amended by adding at the end
the following:
``308104. Battlefield interpretation modernization grant program.
``308105. Battlefield restoration grant program.''.
TITLE VIII--VETERANS AFFAIRS REPORT ON DISABILITY COMPENSATION AND THE
POSITIVE ASSOCIATION WITH EXPOSURE TO AN HERBICIDE AGENT
SEC. 801. REPORT ON EFFORTS TO DETERMINE WHETHER TO ADD TO
THE LIST OF DISEASES FOR WHICH PRESUMPTION OF
SERVICE-CONNECTION IS WARRANTED FOR PURPOSES OF
DISABILITY COMPENSATION BY REASON OF HAVING
POSITIVE ASSOCIATION WITH EXPOSURE TO AN
HERBICIDE AGENT.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in consultation with the Director of the Office of Management
and Budget, shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report setting forth the
status of any efforts of the Secretary to determine whether
to promulgate new regulations to add to the list of diseases
for which a presumption of service-connection is warranted
for purposes of section 1110 of title 38, United States Code,
by reason of having positive association with exposure to an
herbicide agent.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) A detailed explanation of any delays in making a
determination described in such subsection.
(2) An estimate of the cost of adding to the list of
diseases described in such subsection.
(3) The date the Secretary anticipates on which the
Secretary will promulgate new regulations as described in
such subsection.
(c) Definition of Herbicide Agent.--For purposes of this
section, the term ``herbicide agent'' has the meaning given
such term in section 1116 of title 38, United States Code.
TITLE IX--DISASTER RECOVERY WORKFORCE
SEC. 901. SHORT TITLE.
This title may be cited as the ``Disaster Recovery
Workforce Act''.
SEC. 902. CONSTRUCTION WORKER PERMITS.
Section 6(d)(3) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America', and for other
purposes'' (48 U.S.C. 1806(d)(3)) is amended by adding at the
end the following:
``(E) Typhoon recovery.--
``(i) Permits for construction workers.--Notwithstanding
any numerical cap set forth in subparagraph (B) for each of
fiscal years 2020, 2021, and 2022, the Secretary of Homeland
Security shall increase by 3,000, for each such fiscal year,
the total number of permits available under this subsection
for Construction and Extraction Occupations (as defined by
the Department of Labor as Standard Occupational
Classification Group 47-0000).
``(ii) Permit requirements.--The Secretary may only issue a
permit made available under clause (i) to a prospective
employer if the permit is for an alien who--
``(I) is a national of a country designated eligible to
participate in the program under section 101(a)(15)(H)(ii)(b)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) during calendar year 2018; and
``(II) is performing service or labor pursuant to a
contract or subcontract for construction, repairs,
renovations, or facility services directly connected to, or
associated with recovery from a presidentially declared major
disaster or emergency (as those terms are defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122), or for preparation for a
future disaster or emergency.
``(iii) Exception for construction workers.--Subparagraph
(D)(v) shall not apply to a permit made available under
clause (i) for any fiscal year described in such clause.''.
TITLE X--TELEVISION VIEWER PROTECTION
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Television Viewer
Protection Act of 2019''.
SEC. 1002. EXTENSION OF AUTHORITY.
(a) In General.--Section 325(b) of the Communications Act
of 1934 (47 U.S.C. 325(b)) is amended--
(1) in paragraph (2)(C)--
(A) by striking ``until December 31, 2019,''; and
(B) by striking ``antenna,'' and all that follows and
inserting ``antenna under the statutory license of section
119 of title 17, United States Code;''; and
(2) in paragraph (3)(C), by striking ``until January 1,
2020,'' each place it appears.
(b) Conforming Amendment.--Section 325(b)(2) of the
Communications Act of 1934 (47 U.S.C. 325(b)(2)) is amended
by striking ``, the term `unserved household' has the meaning
given that term under section 119(d) of such title''.
SEC. 1003. SATISFACTION OF GOOD FAITH NEGOTIATION REQUIREMENT
BY MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.
(a) Satisfaction of Good Faith Negotiation Requirement.--
Section 325(b)(3)(C) of the Communications Act of 1934 (47
U.S.C. 325(b)(3)(C)) is amended--
(1) in clause (iv), by striking ``; and'' and inserting a
semicolon;
(2) in clause (v), by striking the period at the end and
inserting ``; and''; and
[[Page H10574]]
(3) by adding at the end the following:
``(vi) not later than 90 days after the date of the
enactment of the Television Viewer Protection Act of 2019,
specify that--
``(I) a multichannel video programming distributor may
satisfy its obligation to negotiate in good faith under
clause (iii) with respect to a negotiation for retransmission
consent under this section with a large station group by
designating a qualified MVPD buying group to negotiate on its
behalf, so long as the qualified MVPD buying group itself
negotiates in good faith in accordance with such clause;
``(II) it is a violation of the obligation to negotiate in
good faith under clause (iii) for the qualified MVPD buying
group to disclose the prices, terms, or conditions of an
ongoing negotiation or the final terms of a negotiation to a
member of the qualified MVPD buying group that is not
intending, or is unlikely, to enter into the final terms
negotiated by the qualified MVPD buying group; and
``(III) a large station group has an obligation to
negotiate in good faith under clause (ii) with respect to a
negotiation for retransmission consent under this section
with a qualified MVPD buying group.''.
(b) Definitions.--Section 325(b)(7) of the Communications
Act of 1934 (47 U.S.C. 325(b)(7)) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) `qualified MVPD buying group' means an entity that,
with respect to a negotiation with a large station group for
retransmission consent under this section--
``(i) negotiates on behalf of two or more multichannel
video programming distributors--
``(I) none of which is a multichannel video programming
distributor that serves more than 500,000 subscribers
nationally; and
``(II) that do not collectively serve more than 25 percent
of all households served by a multichannel video programming
distributor in any single local market in which the
applicable large station group operates; and
``(ii) negotiates agreements for such retransmission
consent--
``(I) that contain standardized contract provisions,
including billing structures and technical quality standards,
for each multichannel video programming distributor on behalf
of which the entity negotiates; and
``(II) under which the entity assumes liability to remit to
the applicable large station group all fees received from the
multichannel video programming distributors on behalf of
which the entity negotiates;
``(D) `large station group' means a group of television
broadcast stations that--
``(i) are directly or indirectly under common de jure
control permitted by the regulations of the Commission;
``(ii) generally negotiate agreements for retransmission
consent under this section as a single entity; and
``(iii) include only television broadcast stations that
have a national audience reach of more than 20 percent;
``(E) `local market' has the meaning given such term in
section 122(j) of title 17, United States Code; and
``(F) `multichannel video programming distributor' has the
meaning given such term in section 602.''.
(c) Conforming Amendments.--Section 325(b) of the
Communications Act of 1934 (47 U.S.C. 325(b)) is amended--
(1) in paragraph (2), by striking ``, and the term `local
market' has the meaning given that term in section 122(j) of
such title''; and
(2) in paragraph (3)(C), by striking ``(as defined in
section 122(j) of title 17, United States Code)'' each place
it appears.
(d) Effective Date.--The amendments made by this section,
and the regulations promulgated by the Federal Communications
Commission under such amendments, shall not take effect
before January 1 of the calendar year after the calendar year
in which this Act is enacted.
SEC. 1004. REQUIREMENTS RELATING TO CHARGES FOR COVERED
SERVICES.
(a) In General.--Part IV of title VI of the Communications
Act of 1934 (47 U.S.C. 551 et seq.) is amended by adding at
the end the following:
``SEC. 642. REQUIREMENTS RELATING TO CHARGES FOR COVERED
SERVICES.
``(a) Consumer Rights in Sales.--
``(1) Right to transparency.--Before entering into a
contract with a consumer for the provision of a covered
service, a provider of a covered service shall provide the
consumer, by phone, in person, online, or by other reasonable
means, the total monthly charge for the covered service,
whether offered individually or as part of a bundled service,
selected by the consumer (explicitly noting the amount of any
applicable promotional discount reflected in such charge and
when such discount will expire), including any related
administrative fees, equipment fees, or other charges, a good
faith estimate of any tax, fee, or charge imposed by the
Federal Government or a State or local government (whether
imposed on the provider or imposed on the consumer but
collected by the provider), and a good faith estimate of any
fee or charge that is used to recover any other assessment
imposed on the provider by the Federal Government or a State
or local government.
``(2) Right to formal notice.--A provider of a covered
service that enters into a contract described in paragraph
(1) shall, not later than 24 hours after entering into the
contract, send the consumer, by email, online link, or other
reasonably comparable means, a copy of the information
described in such paragraph.
``(3) Right to cancel.--A provider of a covered service
that enters into a contract described in paragraph (1) shall
permit the consumer to cancel the contract, without paying
early cancellation fees or other disconnection fees or
penalties, during the 24-hour period beginning when the
provider of the covered service sends the copy required by
paragraph (2).
``(b) Consumer Rights in e-billing.--If a provider of a
covered service provides a bill to a consumer in an
electronic format, the provider shall include in the bill--
``(1) an itemized statement that breaks down the total
amount charged for or relating to the provision of the
covered service by the amount charged for the provision of
the service itself and the amount of all related taxes,
administrative fees, equipment fees, or other charges;
``(2) the termination date of the contract for the
provision of the covered service entered into between the
consumer and the provider; and
``(3) the termination date of any applicable promotional
discount.
``(c) Consumer Rights to Accurate Equipment Charges.--A
provider of a covered service or fixed broadband internet
access service may not charge a consumer for--
``(1) using covered equipment provided by the consumer; or
``(2) renting, leasing, or otherwise providing to the
consumer covered equipment if--
``(A) the provider has not provided the equipment to the
consumer; or
``(B) the consumer has returned the equipment to the
provider, except to the extent that the charge relates to the
period beginning on the date when the provider provided the
equipment to the consumer and ending on the date when the
consumer returned the equipment to the provider.
``(d) Definitions.--In this section:
``(1) Broadband internet access service.--The term
`broadband internet access service' has the meaning given
such term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
``(2) Covered equipment.--The term `covered equipment'
means equipment (such as a router) employed on the premises
of a person (other than a provider of a covered service or
fixed broadband internet access service) to provide a covered
service or to provide fixed broadband internet access
service.
``(3) Covered service.--The term `covered service' means
service provided by a multichannel video programming
distributer, to the extent such distributor is acting as a
multichannel video programming distributor.''.
(b) Effective Date.--Section 642 of the Communications Act
of 1934, as added by subsection (a) of this section, shall
apply beginning on the date that is 6 months after the date
of the enactment of this Act. The Federal Communications
Commission may grant an additional 6-month extension if the
Commission finds that good cause exists for such an
additional extension.
TITLE XI--ELIGIBILITY TO RECEIVE SIGNALS UNDER A DISTANT-SIGNAL
SATELLITE LICENSE
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Satellite Television
Community Protection and Promotion Act of 2019''.
SEC. 1102. ELIGIBILITY TO RECEIVE SIGNALS UNDER A DISTANT-
SIGNAL SATELLITE LICENSE.
(a) In General.--Section 119 of title 17, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``signals, and'' and inserting
``signals,'';
(II) by inserting ``, and the carrier provides local-into-
local service to all DMAs'' after ``receiving the secondary
transmission''; and
(III) by adding at the end the following new sentence:
``Failure to reach an agreement with a network station to
retransmit the signals of the station shall not be construed
to affect compliance with providing local-into-local service
to all DMAs if the satellite carrier has the capability to
retransmit such signals when an agreement is reached.''; and
(ii) in subparagraph (B)--
(I) by striking clauses (ii) and (iii);
(II) by adding at the end the following:
``(ii) Short markets.--In the case of secondary
transmissions to households located in short markets, subject
to clause (i), the statutory license shall be further limited
to secondary transmissions of only those primary
transmissions of network stations that embody the programming
of networks not offered on the primary stream or the
multicast stream transmitted by any network station in that
market.'';
(B) by striking paragraphs (3), (6)(E), (9), (10), and
(13); and
(C) by redesignating paragraphs (4), (5), (6), (7), (8),
(11), (12), and (14) as paragraphs (3) through (10),
respectively;
(2) in subsection (c)(1)(E)--
(A) by striking the comma after ``in the agreement'';
(B) by striking ``until December 31, 2019, or''; and
(C) by striking ``, whichever is later'' and inserting
``until the subscriber for which the
[[Page H10575]]
royalty is payable is no longer eligible to receive a
secondary transmission pursuant to the license under this
section'';
(3) in subsection (d)--
(A) in paragraph (10)--
(i) in subparagraph (D), by striking ``subsection (a)(11)''
and inserting ``subsection (a)(8)'';
(ii) by striking subparagraphs (A), (B), (C), and (E);
(iii) by redesignating subparagraph (D) as subparagraph
(A); and
(iv) by adding at the end the following:
``(B) is a subscriber located in a short market.'';
(B) by striking paragraph (13);
(C) by redesignating paragraphs (14) and (15) as paragraphs
(13) and (14), respectively; and
(D) by adding at the end the following:
``(15) Local-into-local service to all dmas.--The term
`local-into-local service to all DMAs' has the meaning given
such term in subsection (f)(7).
``(16) Short market.--The term `short market' means a local
market in which programming of one or more of the four most
widely viewed television networks nationwide is not offered
on either the primary stream or multicast stream transmitted
by any network station in that market or is temporarily or
permanently unavailable as a result of an act of god or other
force majeure event beyond the control of the carrier.'';
(4) by striking subsections (e) and (h);
(5) in subsection (g)(7), by inserting ``, except for
designated market areas where the entity is temporarily or
permanently unable to provide local service as a result of an
act of god or other force majeure event beyond the control of
the entity'' after ``section 122''; and
(6) by redesignating subsections (f) and (g) as subsections
(e) and (f).
(b) Previously Covered Subscribers Under the STELA
Reauthorization Act of 2014.--
(1) In general.--A subscriber of a satellite carrier who
receives the secondary transmission of a network station
under the statutory license in section 119 of title 17,
United States Code, as in effect on the day before the date
of the enactment of this Act, and to whom subsection
(a)(2)(B) of such section, as amended by subsection (a), does
not apply, shall continue to be eligible to receive that
secondary transmission from such carrier under such license,
and at the royalty rate established for such license by the
Copyright Royalty Board or voluntary agreement, as
applicable, until the date that is the earlier of--
(A) May 31, 2020; or
(B) the date on which such carrier provides local-into-
local service to all DMAs.
(2) Definitions.--In this subsection, the terms ``satellite
carrier'', ``subscriber'', ``secondary transmission'',
``network station'', and ``local-into-local service to all
DMAs'' have the meaning given those terms in section 119 of
title 17, United States Code.
(c) Conforming Amendments.--Title 17, United States Code,
is further amended--
(1) in section 119, as amended by subsection (a)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``paragraphs (4), (5),
and (7)'' and inserting ``paragraphs (3), (4), and (6)''; and
(ii) in paragraph (2), by striking ``paragraphs (4), (5),
(6), and (7)'' and inserting ``paragraphs (3), (4), (5), and
(6)''; and
(B) in subsection (f), as so redesignated, by striking
``subsection (a)(7)(B)'' each place it appears and inserting
``subsection (a)(5)(B)''; and
(2) in section 501(e), by striking ``section 119(a)(5)''
and inserting ``section 119(a)(3)''.
TITLE XII--GROUNDFISH TRAWL FISHERY
SEC. 1201. GROUNDFISH TRAWL FISHERY.
The Secretary of Commerce shall forgive the interest
accrued on the Groundfish Trawl fishery sub-loan regarding
fishing capacity reduction in the West Coast groundfish
fishery authorized by section 212 of division B, title II, of
Public Law 108-7 from December 4, 2003, through September 8,
2005, and the portion of additional interest accrued in the
Groundfish Trawl fishery sub-loan since September 8, 2005,
that is directly attributable to the delay in implementing a
repayment system. The Secretary of the Treasury shall make
available, out of any funds in the Treasury not otherwise
appropriated, such sums necessary for any loan modification
under this provision.
TITLE XIII--TEMPORARY RELIEF FROM CERTAIN ERISA REQUIREMENTS
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Temporary Relief from
Certain ERISA Requirements Act of 2020''.
SEC. 1302. EXEMPTION.
(a) In General.--Section 408 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1108) is amended by
adding at the end the following:
``(h) Provision of Pharmacy Benefit Services.--
``(1) In general.--Provided that all of the conditions
described in paragraph (2) are met, the restrictions imposed
by subsections (a), (b)(1), and (b)(2) of section 406 shall
not apply to--
``(A) the offering of pharmacy benefit services to a group
health plan that is sponsored by an entity described in
section 3(37)(G)(vi) or to any other group health plan that
is sponsored by a regional council, local union, or other
labor organization affiliated with such entity;
``(B) the purchase of pharmacy benefit services by plan
participants and beneficiaries of a group health plan that is
sponsored by an entity described in section 3(37)(G)(vi) or
of any other group health plan that is sponsored by a
regional council, local union, or other labor organization
affiliated with such entity; or
``(C) the operation or implementation of pharmacy benefit
services by an entity described in section 3(37)(G)(vi) or by
any other group health plan that is sponsored by a regional
council, local union, or other labor organization affiliated
with such entity,
in any arrangement where such entity described in section
3(37)(G)(vi) or any related organization or subsidiary of
such entity provides pharmacy benefit services that include
prior authorization and appeals, a retail pharmacy network,
pharmacy benefit administration, mail order fulfillment,
formulary support, manufacturer payments, audits, and
specialty pharmacy and goods, to any such group health plan.
``(2) Conditions.--The conditions described in this
paragraph are the following:
``(A) The terms of the arrangement are at least as
favorable to the group health plan as such group health plan
could obtain in a similar arm's length arrangement with an
unrelated third party.
``(B) At least 50 percent of the providers participating in
the pharmacy benefit services offered by the arrangement are
unrelated to the contributing employers or any other party in
interest with respect to the group health plan.
``(C) The group health plan retains an independent
fiduciary who will be responsible for monitoring the group
health plan's consultants, contractors, subcontractors, and
other service providers for purposes of pharmacy benefit
services described in paragraph (1) offered by such entity or
any of its related organizations or subsidiaries and monitors
the transactions of such entity and any of its related
organizations or subsidiaries to ensure that all conditions
of this exemption are satisfied during each plan year.
``(D) Any decisions regarding the provision of pharmacy
benefit services described in paragraph (1) are made by the
group health plan's independent fiduciary, based on objective
standards developed by the independent fiduciary in reliance
on information provided by the arrangement.
``(E) The independent fiduciary of the group health plan
provides an annual report to the Secretary and the
congressional committees of jurisdiction attesting that the
conditions described in subparagraphs (C) and (D) have been
met for the applicable plan year, together with a statement
that use of the arrangement's services are in the best
interest of the participants and beneficiaries in the
aggregate for that plan year compared to other similar
arrangements the group health plan could have obtained in
transactions with an unrelated third party.
``(F) The arrangement is not designed to benefit any party
in interest with respect to the group health plan.
``(3) Violations.--In the event an entity described in
section 3(37)(G)(vi) or any affiliate of such entity violates
any of the conditions of such exemption, such exemption shall
not apply with respect to such entity or affiliate and all
enforcement and claims available under this Act shall apply
with respect to such entity or affiliate.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to modify any obligation of a group health
plan otherwise set forth in this Act.
``(5) Group health plan.--In this subsection, the term
`group health plan' has the meaning given such term in
section 733(a).''.
(b) Amendment to Internal Revenue Code of 1986.--Subsection
(c) of section 4975 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(7) Special rule for provision of pharmacy benefit
services.--Any party to an arrangement which satisfies the
requirements of section 408(h) of the Employee Retirement
Income Security Act of 1974 shall be exempt from the tax
imposed by this section with respect to such arrangement.''.
(c) Applicability.--With respect to a group health plan
subject to subsection (h) of section 408 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1108) (as
amended by subsection (a)) and subsection (c) of section 4975
of the Internal Revenue Code of 1986 (as amended by
subsection (b)), beginning at the end of the fifth plan year
of such group health plan that begins after the date of
enactment of this Act, such subsection (h) of such section
408 and such subsection (c) of such shall have no force or
effect.
TITLE XIV--LIBRARY OF CONGRESS TECHNICAL CORRECTIONS
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Library of Congress
Technical Corrections Act of 2019''.
SEC. 1402. AMENDMENT TO AMERICAN FOLKLIFE PRESERVATION ACT.
Section 4 of the American Folklife Preservation Act (20
U.S.C. 2103) is amended--
(1) in subsection (b)(1)(D)--
(A) in the matter preceding clause (i), by striking
``seven'' and inserting ``nine'';
(B) in clause (vi), by striking ``and'' after the
semicolon;
(C) in clause (vii), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(viii) the Secretary of Veterans Affairs; and
[[Page H10576]]
``(ix) the Director of the Institute of Museum and Library
Services.''; and
(2) in subsection (f), by striking the second sentence and
inserting the following: ``The rate of basic pay of the
Director shall be fixed in accordance with section 5376(b) of
title 5, United States Code.''.
SEC. 1403. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT
DISABLED.
(a) In General.--The Act entitled ``An Act to provide books
for the adult blind'', approved March 3, 1931 (2 U.S.C. 135a
et seq.), is amended to read as follows:
``SECTION 1. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT
DISABLED.
``(a) Accessible Materials and Reproducers.--
``(1) In general.--The Librarian of Congress is authorized
to provide to eligible persons who are residents of the
United States (including residents of the several States,
insular possessions, and the District of Columbia) and to
eligible persons who are United States citizens residing
outside the United States the following items:
``(A) Literary works published in raised characters, on
sound-reproduction recordings, or in any other accessible
format.
``(B) Musical scores, instructional texts, and other
specialized materials used in furthering educational,
vocational, and cultural opportunities in the field of music
published in any accessible format.
``(C) Reproducers for such formats.
``(2) Ownership.--Any item provided under paragraph (1)
shall be provided on a loan basis and shall remain the
property of the Library of Congress.
``(b) Lending Preference.--In the lending of items under
subsection (a), the Librarian shall at all times give
preference to--
``(1) the needs of the blind and visually disabled; and
``(2) the needs of eligible persons who have been honorably
discharged from the Armed Forces of the United States.
``(c) Network.--The Librarian of Congress may contract or
otherwise arrange with such public or other nonprofit
libraries, agencies, or organizations as the Librarian may
determine appropriate to serve as local or regional centers
for the circulation of items described in subsection (a)(1).
``(d) International Service.--The Librarian of Congress is
authorized to provide items described in subparagraphs (A)
and (B) of subsection (a)(1) to authorized entities located
in a country that is a party to the Marrakesh Treaty, if any
such items are delivered to authorized entities through
online, not physical, means. The Librarian may contract or
otherwise arrange with such authorized entities to deliver
such items to eligible persons located in their countries in
any accessible format and consistent with section 121A of
title 17, United States Code.
``(e) Contracting Preference.--In the purchase and
maintenance of items described in subsection (a), the
Librarian of Congress, without regard to section 6101 of
title 41, United States Code, shall give preference to
nonprofit institutions or agencies whose activities are
primarily concerned with the blind and with other physically
disabled persons, in all cases where, considering all the
circumstances and needs involved, the Librarian determines
that the prices submitted are fair and reasonable.
``(f) Regulations.--The Librarian of Congress shall
prescribe regulations for services under this section, in
consultation with eligible persons and authorized entities.
Such regulations shall include procedures that shall be used
by an individual to establish that the individual is an
eligible person.
``(g) Definitions.--In this section--
``(1) the terms `accessible format', `authorized entity',
and `eligible person' have the meanings given those terms in
section 121 of title 17, United States Code; and
``(2) the term `Marrakesh Treaty' has the meaning given in
section 121A of such title 17.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary.''.
(b) Conforming Amendment.--The Act entitled ``An Act to
establish in the Library of Congress a library of musical
scores and other instructional materials to further
educational, vocational, and cultural opportunities in the
field of music for blind persons'', approved October 9, 1962
(2 U.S.C. 135a-1), is repealed.
SEC. 1404. UNIFORM PAY SCALE FOR LIBRARY OF CONGRESS CAREER
SENIOR EXECUTIVE POSITIONS.
(a) Executive Schedule Positions.--
(1) Deputy librarian of congress.--Paragraph (2) of section
904 of the Supplemental Appropriations Act, 1983 (2 U.S.C.
136a-2) is amended to read as follows:
``(2) the Deputy Librarian of Congress shall be compensated
at the greater of the rate of pay in effect for level III of
the Executive Schedule under section 5314 of title 5, United
States Code, or the maximum annual rate of basic pay payable
under section 5376 of such title for positions at agencies
with a performance appraisal system certified under section
5307(d) of such title.''.
(2) Director, congressional research service.--The second
sentence of section 203(c)(1) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 166(c)(l)) is amended to
read as follows: ``The Director shall be compensated at the
greater of the rate of pay in effect for level III of the
Executive Schedule under section 5314 of title 5, United
States Code, or the maximum annual rate of basic pay payable
under section 5376 of such title for positions at agencies
with a performance appraisal system certified under section
5307(d) of such title.''.
(3) Register of copyrights.--The first sentence of section
701(f) of title 17, United States Code, is amended to read as
follows: ``The Register of Copyrights shall be compensated at
the greater of the rate of pay in effect for level III of the
Executive Schedule under section 5314 of title 5 or the
maximum annual rate of basic pay payable under section 5376
of such title for positions at agencies with a performance
appraisal system certified under section 5307(d) of such
title.''.
(b) References to GS Grades 16, 17, and 18 and Senior Level
Classification.--
(1) Congressional research service.--Section 203(c)(2) of
the Legislative Reorganization Act of 1946 (2 U.S.C.
166(c)(2)) is amended--
(A) in the second sentence of the matter preceding
subparagraph (A), by deleting ``subchapter III'' and all that
follows through ``such title.'' and inserting ``section 5376
of title 5, United States Code.''; and
(B) in subparagraph (B), by striking ``may be placed in GS-
16, 17, and 18'' and all that follows through the period at
the end and inserting ``may be classified above GS-15 in
accordance with section 5108(c) of title 5, United States
Code, and the rate of basic pay for such positions may be
fixed in accordance with section 5376 of such title, subject
to the prior approval of the Joint Committee on the
Library.''.
(2) U.s. copyright office.--Section 701(f) of title 17,
United States Code, is amended by striking the last sentence
and inserting ``The rate of basic pay for each Associate
Register of Copyrights shall be fixed in accordance with
section 5376 of title 5.''.
SEC. 1405. STAFFING FOR COPYRIGHT ROYALTY JUDGES PROGRAM.
(a) Removal of Cap on Personnel.--Chapter 8 of title 17,
United States Code, is amended--
(1) in section 802--
(A) in subsection (b), by striking ``3''; and
(B) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Staff members.--Staff members appointed under
subsection (b) shall be compensated at a rate not more than
the basic rate of pay payable for level 10 of GS-15 of the
General Schedule.''; and
(2) in section 803(e)(1)(A), by striking ``3''.
(b) Effective Date.--The amendments made by this section
shall take effect with respect to fiscal year 2020 and each
fiscal year thereafter.
TITLE XV--SENATE ENTITIES
Sec. 1501. Section 2(c) of chapter VIII of title I of
Public Law 100-71 (2 U.S.C. 6567(c)) is amended by striking
``$10,000'' and inserting ``$15,000''.
Sec. 1502. Section 902 of the Emergency Supplemental Act,
2002 (2 U.S.C. 6616) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``subsection (b)'' and inserting
``paragraph (3)''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(3) the Sergeant at Arms of the Senate may enter into a
memorandum of understanding described in paragraph (1)
consistent with the Senate Procurement Regulations.''; and
(2) by striking subsection (b) and inserting the following:
``(b) The Sergeant at Arms of the Senate may incur
obligations and make expenditures for meals, refreshments,
and other support and maintenance for Members, officers, and
employees of the Senate when such obligations and
expenditures are necessary to respond to emergencies
involving the safety of human life or the protection of
property.''.
TITLE XVI--LEGISLATIVE BRANCH INSPECTORS GENERAL INDEPENDENCE
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Legislative Branch
Inspectors General Independence Act of 2019''.
SEC. 1602. PAY, LIMITS ON BONUSES, COUNSEL, AND AUTHORITIES.
(a) Library of Congress.--Section 1307 of the Legislative
Branch Appropriations Act, 2006 (2 U.S.C. 185) is amended--
(1) in subsection (c)--
(A) in the subsection heading, by inserting ``; Pay; Limits
on Bonuses; Counsel'' after ``Removal'';
(B) by striking paragraph (2) and inserting the following:
``(2) Removal or transfer.--
``(A) In general.--The Inspector General may be removed
from office, or transferred to another position within, or
another location of, the Library of Congress, by the
Librarian of Congress.
``(B) Notice.--Not later than 30 days before the Librarian
of Congress removes or transfers the Inspector General under
subparagraph (A), the Librarian of Congress shall communicate
in writing the reason for the removal or transfer to--
``(i) the Committee on House Administration and the
Committee on Appropriations of the House of Representatives;
and
``(ii) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate.
[[Page H10577]]
``(C) Applicability.--Nothing in this paragraph shall
prohibit a personnel action (except for removal or transfer)
that is otherwise authorized by law.''; and
(C) by adding at the end the following:
``(3) Pay.--
``(A) In general.--The position of Inspector General
shall--
``(i) be classified as a position above GS-15 in accordance
with section 5108 of title 5, United States Code; and
``(ii) have a rate of basic pay that is not less than the
average rate of basic pay of all other employees in positions
classified as above GS-15 of the Library of Congress
calculated on an annual basis.
``(B) Adjustments.--The Librarian of Congress shall
establish the amount of the annual adjustment in the rate of
basic pay for the Inspector General in an amount equal to the
average of the annual adjustments in the rate of basic pay
provided to all other employees in positions classified as
above GS-15 of the Library of Congress, in a manner
consistent with section 5376 of title 5, United States Code.
``(4) No bonuses.--The Inspector General may not receive
any cash award or cash bonus, including a cash award under
chapter 45 of title 5, United States Code.
``(5) Counsel.--The Inspector General shall, in accordance
with applicable laws and regulations governing selections,
appointments, and employment at the Library of Congress,
obtain legal advice from a counsel reporting directly to the
Inspector General or another Inspector General.''; and
(2) in subsection (d)(1), by striking ``Sections 4'' and
all that follows through ``and 7'' and inserting ``Sections
4, 5 (other than subsection (a)(13)), 6 (other than
subsection (a)(7)), and 7''.
(b) Office of the Architect of the Capitol.--Section
1301(c) of the Architect of the Capitol Inspector General Act
of 2007 (2 U.S.C. 1808(c)) is amended--
(1) in the subsection heading, by inserting ``; Pay; Limits
on Bonuses; Counsel'' after ``Removal'';
(2) by striking paragraph (2) and inserting the following:
``(2) Removal or transfer.--
``(A) In general.--The Inspector General may be removed
from office, or transferred to another position within, or
another location of, the Office of the Architect of the
Capitol, by the Architect of the Capitol.
``(B) Notice.--Not later than 30 days before the Architect
of the Capitol removes or transfers the Inspector General
under subparagraph (A), the Architect of the Capitol shall
communicate in writing the reason for the removal or transfer
to--
``(i) the Committee on House Administration and the
Committee on Appropriations of the House of Representatives;
and
``(ii) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate.
``(C) Applicability.--Nothing in this paragraph shall
prohibit a personnel action (except for removal or transfer)
that is otherwise authorized by law.''; and
(3) by adding at the end the following:
``(4) No bonuses.--The Inspector General may not receive
any cash award or cash bonus, including a cash award under
chapter 45 of title 5, United States Code.
``(5) Counsel.--The Inspector General shall, in accordance
with applicable laws and regulations governing selections,
appointments, and employment at the Office of the Architect
of the Capitol, obtain legal advice from a counsel reporting
directly to the Inspector General or another Inspector
General.''.
(c) Government Publishing Office.--
(1) In general.--Section 3902 of title 44, United States
Code, is amended--
(A) in the section heading, by inserting ``; pay; limits on
bonuses; counsel'' after ``removal'';
(B) by striking subsection (b) and inserting the following:
``(b)(1) The Inspector General may be removed from office,
or transferred to another position within, or another
location of, the Government Publishing Office, by the
Director of the Government Publishing Office.
``(2) Not later than 30 days before the Director removes or
transfers the Inspector General under paragraph (1), the
Director shall communicate in writing the reason for the
removal or transfer to--
``(A) the Committee on House Administration and the
Committee on Appropriations of the House of Representatives;
and
``(B) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate.
``(3) Nothing in this subsection shall prohibit a personnel
action (except for removal or transfer) that is otherwise
authorized by law.''; and
(C) by adding at the end the following:
``(c)(1) The position of Inspector General shall be--
``(A) classified as a position as a senior level employee,
in accordance with this title; and
``(B) have a rate of basic pay that is not less than the
average rate of basic pay of all other senior level employees
of the Government Publishing Office calculated on an annual
basis.
``(2) The Director of the Government Publishing Office
shall establish the amount of the annual adjustment in the
rate of basic pay for the Inspector General in an amount
equal to the average of the annual adjustments in the rate of
basic pay provided to all other senior level employees of the
Government Publishing Office, consistent with this title.
``(d) The Inspector General may not receive any cash award
or cash bonus, including a cash award under chapter 45 of
title 5.
``(e) The Inspector General shall, in accordance with
applicable laws and regulations governing selections,
appointments, and employment at the Government Publishing
Office, obtain legal advice from a counsel reporting directly
to the Inspector General or another Inspector General.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 39 of title 44, United States Code, is
amended by striking the item relating to section 3902 and
inserting the following:
``3902. Appointment of Inspector General; supervision; removal; pay;
limits on bonuses; counsel.''.
SEC. 1603. LAW ENFORCEMENT AUTHORITY.
(a) Library of Congress.--Section 1307(d) of the
Legislative Branch Appropriations Act, 2006 (2 U.S.C. 185(d))
is amended by adding at the end the following:
``(3) Law enforcement authority.--
``(A) In general.--Subject to subparagraph (B), any
supervisory special agent under the Inspector General and any
special agent supervised by such a supervisory special agent
is authorized to--
``(i) make an arrest without a warrant while engaged in
official duties as authorized under this section or any other
statute for any offense against the United States committed
in the presence of such supervisory special agent or special
agent, or for any felony cognizable under the laws of the
United States if such supervisory special agent or special
agent has reasonable grounds to believe that the person to be
arrested has committed or is committing such felony;
``(ii) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed; and
``(iii) carry a firearm while engaged in official duties as
authorized under this section or any other statute.
``(B) Requirements to exercise authority.--
``(i) Required certification.--
``(I) In general.--In order to exercise the authority under
subparagraph (A), a supervisory special agent or a special
agent supervised by such a supervisory special agent shall
certify that he or she--
``(aa) is a citizen of the United States;
``(bb) has successfully completed a basic law enforcement
training program or military or other equivalent; and
``(cc) is not prohibited from receiving a firearm under
Federal law, including under section 922(g)(9) of title 18,
United States Code, because of a conviction of a misdemeanor
crime of domestic violence.
``(II) Additional requirements.--After providing notice to
the appropriate committees of Congress, the Inspector General
may add requirements to the certification required under
subclause (I), as determined appropriate by the Inspector
General.
``(ii) Maintenance of requirements.--The Inspector General
shall maintain firearms-related requirements (including
quarterly firearms qualifications) and use of force training
requirements that, except to the extent the Inspector General
determines necessary to effectively carry out the duties of
the Office of the Inspector General, are in accordance with
the Council of the Inspectors General on Integrity and
Efficiency use of force policies, which incorporate
Department of Justice guidelines.
``(iii) Eligibility determination.--
``(I) In general.--The Inspector General shall--
``(aa) determine whether an individual meets the
requirements under this paragraph; and
``(bb) revoke any authority granted to an individual under
subparagraph (A) if the individual is not in compliance with
the requirements of this paragraph.
``(II) Reauthorization.--The Inspector General may
reauthorize an individual to exercise the authority granted
under subparagraph (A) if the Inspector General determines
the individual has achieved compliance with the requirements
under this paragraph.
``(III) Limitation on appeal.--A revocation of the
authority granted under subparagraph (A) shall not be subject
to administrative, judicial, or other review, unless the
revocation results in an adverse action. Such an adverse
action may, at the election of the applicable individual, be
reviewed in accordance with the otherwise applicable
procedures.
``(C) Semiannual certification of program.--
``(i) In general.--Before the first grant of authority
under subparagraph (A), and semiannually thereafter as part
of the report under section 5 of the Inspector General Act of
1978 (5 U.S.C. App.), the Inspector General shall submit to
the appropriate committees of Congress a written
certification that adequate internal safeguards and
management procedures exist that, except to the extent the
Inspector General determines necessary to effectively carry
out the duties of the Office of the Inspector General, are in
compliance with standards established by the Council of the
Inspectors General on Integrity and Efficiency, which
incorporate Department of Justice guidelines, to ensure
proper
[[Page H10578]]
exercise of the powers authorized under this paragraph.
``(ii) Suspension of authority.--The authority granted
under this paragraph (including any grant of authority to an
individual under subparagraph (A), without regard to whether
the individual is in compliance with subparagraph (B)) may be
suspended by the Inspector General if the Office of Inspector
General fails to comply with the reporting and review
requirements under clause (i) of this subparagraph or
subparagraph (D). Any suspension of authority under this
clause shall be reported to the appropriate committees of
Congress.
``(D) Peer review.--To ensure the proper exercise of the
law enforcement powers authorized under this paragraph, the
Office of Inspector General shall submit to and participate
in the external review process established by the Council of
the Inspectors General on Integrity and Efficiency for
ensuring that adequate internal safeguards and management
procedures continue to exist. Under the review process, the
exercise of the law enforcement powers by the Office of
Inspector General shall be reviewed periodically by another
Office of Inspector General or by a committee of Inspectors
General. The results of each review shall be communicated in
writing to the Inspector General, the Council of the
Inspectors General on Integrity and Efficiency, and the
appropriate committees of Congress.
``(E) Alleged misconduct.--Any allegation of misconduct by
an individual granted authority under subparagraph (A) may be
reviewed by the Integrity Committee of the Council of the
Inspectors General on Integrity and Efficiency.
``(F) Appropriate committees of congress.--In this
paragraph, the term `appropriate committees of Congress'
means--
``(i) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate; and
``(ii) the Committee on House Administration and the
Committee on Appropriations of the House of
Representatives.''.
(b) Architect of the Capitol.--Section 1301(d) of the
Architect of the Capitol Inspector General Act of 2007 (2
U.S.C. 1808(d)) is amended by adding at the end the
following:
``(3) Law enforcement authority.--
``(A) In general.--Subject to subparagraph (B), any
supervisory special agent under the Inspector General and any
special agent supervised by such a supervisory special agent
is authorized to--
``(i) make an arrest without a warrant while engaged in
official duties as authorized under this section or any other
statute for any offense against the United States committed
in the presence of such supervisory special agent or special
agent, or for any felony cognizable under the laws of the
United States if such supervisory special agent or special
agent has reasonable grounds to believe that the person to be
arrested has committed or is committing such felony;
``(ii) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed; and
``(iii) carry a firearm while engaged in official duties as
authorized under this section or any other statute.
``(B) Requirements to exercise authority.--
``(i) Required certification.--
``(I) In general.--In order to exercise the authority under
subparagraph (A), a supervisory special agent or a special
agent supervised by such a supervisory special agent shall
certify that he or she--
``(aa) is a citizen of the United States;
``(bb) has successfully completed a basic law enforcement
training program or military or other equivalent; and
``(cc) is not prohibited from receiving a firearm under
Federal law, including under section 922(g)(9) of title 18,
United States Code, because of a conviction of a misdemeanor
crime of domestic violence.
``(II) Additional requirements.--After providing notice to
the appropriate committees of Congress, the Inspector General
may add requirements to the certification required under
subclause (I), as determined appropriate by the Inspector
General.
``(ii) Maintenance of requirements.--The Inspector General
shall maintain firearms-related requirements (including
quarterly firearms qualifications) and use of force training
requirements that, except to the extent the Inspector General
determines necessary to effectively carry out the duties of
the Office of the Inspector General, are in accordance with
the Council of the Inspectors General on Integrity and
Efficiency use of force policies, which incorporate
Department of Justice guidelines.
``(iii) Eligibility determination.--
``(I) In general.--The Inspector General shall--
``(aa) determine whether an individual meets the
requirements under this paragraph; and
``(bb) revoke any authority granted to an individual under
subparagraph (A) if the individual is not in compliance with
the requirements of this paragraph.
``(II) Reauthorization.--The Inspector General may
reauthorize an individual to exercise the authority granted
under subparagraph (A) if the Inspector General determines
the individual has achieved compliance with the requirements
under this paragraph.
``(III) Limitation on appeal.--A revocation of the
authority granted under subparagraph (A) shall not be subject
to administrative, judicial, or other review, unless the
revocation results in an adverse action. Such an adverse
action may, at the election of the applicable individual, be
reviewed in accordance with the otherwise applicable
procedures.
``(C) Semiannual certification of program.--
``(i) In general.--Before the first grant of authority
under subparagraph (A), and semiannually thereafter as part
of the report under section 5 of the Inspector General Act of
1978 (5 U.S.C. App.), the Inspector General shall submit to
the appropriate committees of Congress a written
certification that adequate internal safeguards and
management procedures exist that, except to the extent the
Inspector General determines necessary to effectively carry
out the duties of the Office of the Inspector General, are in
compliance with standards established by the Council of the
Inspectors General on Integrity and Efficiency, which
incorporate Department of Justice guidelines, to ensure
proper exercise of the powers authorized under this
paragraph.
``(ii) Suspension of authority.--The authority granted
under this paragraph (including any grant of authority to an
individual under subparagraph (A), without regard to whether
the individual is in compliance with subparagraph (B)) may be
suspended by the Inspector General if the Office of Inspector
General fails to comply with the reporting and review
requirements under clause (i) of this subparagraph or
subparagraph (D). Any suspension of authority under this
clause shall be reported to the appropriate committees of
Congress.
``(D) Peer review.--To ensure the proper exercise of the
law enforcement powers authorized under this paragraph, the
Office of Inspector General shall submit to and participate
in the external review process established by the Council of
the Inspectors General on Integrity and Efficiency for
ensuring that adequate internal safeguards and management
procedures continue to exist. Under the review process, the
exercise of the law enforcement powers by the Office of
Inspector General shall be reviewed periodically by another
Office of Inspector General or by a committee of Inspectors
General. The results of each review shall be communicated in
writing to the Inspector General, the Council of the
Inspectors General on Integrity and Efficiency, and the
appropriate committees of Congress.
``(E) Alleged misconduct.--Any allegation of misconduct by
an individual granted authority under subparagraph (A) may be
reviewed by the Integrity Committee of the Council of the
Inspectors General on Integrity and Efficiency.
``(F) Appropriate committees of congress.--In this
paragraph, the term `appropriate committees of Congress'
means--
``(i) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate; and
``(ii) the Committee on House Administration and the
Committee on Appropriations of the House of
Representatives.''.
(c) Government Publishing Office.--Section 3903 of title
44, United States Code, is amended is amended by adding at
the end the following:
``(c)(1) Subject to paragraph (2), any supervisory special
agent under the Inspector General and any special agent
supervised by such a supervisory special agent is authorized
to--
``(A) make an arrest without a warrant while engaged in
official duties as authorized under this chapter or any other
statute for any offense against the United States committed
in the presence of such supervisory special agent or special
agent, or for any felony cognizable under the laws of the
United States if such supervisory special agent or special
agent has reasonable grounds to believe that the person to be
arrested has committed or is committing such felony;
``(B) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed; and
``(C) carry a firearm while engaged in official duties as
authorized under this chapter or any other statute.
``(2)(A)(i) In order to exercise the authority under
paragraph (1), a supervisory special agent or a special agent
supervised by such a supervisory special agent shall certify
that he or she--
``(I) is a citizen of the United States;
``(II) has successfully completed a basic law enforcement
training program or military or other equivalent; and
``(III) is not prohibited from receiving a firearm under
Federal law, including under section 922(g)(9) of title 18,
United States Code, because of a conviction of a misdemeanor
crime of domestic violence.
``(ii) After providing notice to the appropriate committees
of Congress, the Inspector General may add requirements to
the certification required under clause (i), as determined
appropriate by the Inspector General.
``(B) The Inspector General shall maintain firearms-related
requirements (including quarterly firearms qualifications)
and use of force training requirements that, except to the
extent the Inspector General determines necessary to
effectively carry out the duties of the Office of the
Inspector General, are in accordance with the Council of the
Inspectors General on Integrity and Efficiency use of force
policies, which incorporate Department of Justice guidelines.
[[Page H10579]]
``(C)(i) The Inspector General shall--
``(I) determine whether an individual meets the
requirements under this subsection; and
``(II) revoke any authority granted to an individual under
paragraph (1) if the individual is not in compliance with the
requirements of this subsection.
``(ii) The Inspector General may reauthorize an individual
to exercise the authority granted under paragraph (1) if the
Inspector General determines the individual has achieved
compliance with the requirements under this subsection.
``(iii) A revocation of the authority granted under
paragraph (1) shall not be subject to administrative,
judicial, or other review, unless the revocation results in
an adverse action. Such an adverse action may, at the
election of the applicable individual, be reviewed in
accordance with the otherwise applicable procedures.
``(3)(A) Before the first grant of authority under
paragraph (1), and semiannually thereafter as part of the
report under section 5 of the Inspector General Act of 1978
(5 U.S.C. App.), the Inspector General shall submit to the
appropriate committees of Congress a written certification
that adequate internal safeguards and management procedures
exist that, except to the extent the Inspector General
determines necessary to effectively carry out the duties of
the Office of the Inspector General, are in compliance with
standards established by the Council of the Inspectors
General on Integrity and Efficiency, which incorporate
Department of Justice guidelines, to ensure proper exercise
of the powers authorized under this subsection.
``(B) The authority granted under this subsection
(including any grant of authority to an individual under
paragraph (1), without regard to whether the individual is in
compliance with paragraph (2)) may be suspended by the
Inspector General if the Office of Inspector General fails to
comply with the reporting and review requirements under
subparagraph (A) of this paragraph or paragraph (4). Any
suspension of authority under this subparagraph shall be
reported to the appropriate committees of Congress.
``(4) To ensure the proper exercise of the law enforcement
powers authorized under this subsection, the Office of
Inspector General shall submit to and participate in the
external review process established by the Council of the
Inspectors General on Integrity and Efficiency for ensuring
that adequate internal safeguards and management procedures
continue to exist. Under the review process, the exercise of
the law enforcement powers by the Office of Inspector General
shall be reviewed periodically by another Office of Inspector
General or by a committee of Inspectors General. The results
of each review shall be communicated in writing to the
Inspector General, the Council of the Inspectors General on
Integrity and Efficiency, and the appropriate committees of
Congress.
``(5) Any allegation of misconduct by an individual granted
authority under paragraph (1) may be reviewed by the
Integrity Committee of the Council of the Inspectors General
on Integrity and Efficiency.
``(6) In this subsection, the term `appropriate committees
of Congress' means--
``(A) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate; and
``(B) the Committee on House Administration and the
Committee on Appropriations of the House of
Representatives.''.
SEC. 1604. BUDGET INDEPENDENCE.
(a) Library of Congress.--
(1) Authority.--Section 1307(d) of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 185(d)), as amended by
section 1603 of this Act, is amended by adding at the end the
following:
``(4) Budget independence.--The Librarian of Congress shall
include the annual budget request of the Inspector General in
the budget of the Library of Congress without change.''.
(b) Office of the Architect of the Capitol.--Section
1301(d) of the Architect of the Capitol Inspector General Act
of 2007 (2 U.S.C. 1808(d)), as amended by section 1603 of
this Act, is amended by adding at the end the following:
``(4) Budget independence.--The Architect of the Capitol
shall include the annual budget request of the Inspector
General in the budget of the Office of the Architect of the
Capitol without change.''.
(c) Government Publishing Office.--Section 3903 of title
44, United States Code, as amended by section 1603 of this
Act, is amended by adding at the end the following:
``(d) The Director of the Government Publishing Office
shall include the annual budget request of the Inspector
General in the budget of the Government Publishing Office
without change.''.
(d) Separate Allocations.--
(1) Legislative branch instrumentality defined.--In this
subsection, the term ``legislative branch instrumentality''
means the Library of Congress, the Office of the Architect of
the Capitol, or the Government Publishing Office.
(2) Allocation.--For fiscal year 2021, and each fiscal year
thereafter, Congress shall provide, within the amounts made
available for salaries and expenses of each legislative
branch instrumentality, a separate allocation of amounts for
salaries and expenses of the Office of the Inspector General
of the covered legislative branch instrumentality.
SEC. 1605. HIRING AUTHORITY.
(a) Library of Congress.--Section 1307(d)(2) of the
Legislative Branch Appropriations Act, 2006 (2 U.S.C.
185(d)(2)) is amended--
(1) by striking ``The Inspector'' and inserting the
following:
``(A) In general.--The Inspector'';
(2) in subparagraph (A), as so designated, by inserting ``,
without the supervision or approval of any other employee,
office, or other entity within the Library of Congress,''
after ``is authorized''; and
(3) by adding at the end the following:
``(B) Security and suitability.--Appointments under the
authority under subparagraph (A) shall be made consistent
with personnel security and suitability requirements.
``(C) Consultants.--Any appointment of a consultant under
the authority under subparagraph (A) shall be made consistent
with section 6(a)(8) of the Inspector General Act of 1978 (5
U.S.C. App.).''.
(b) Office of the Architect of the Capitol.--Section
1301(d)(2) of the Architect of the Capitol Inspector General
Act of 2007 (2 U.S.C. 1808(d)(2)) is amended--
(1) by striking ``The Inspector'' and inserting the
following:
``(A) In general.--The Inspector'';
(2) in subparagraph (A), as so designated, by inserting ``,
without the supervision or approval of any other employee,
office, or other entity within the Office of the Architect of
the Capitol,'' after ``is authorized''; and
(3) by adding at the end the following:
``(B) Security and suitability.--Appointments under the
authority under subparagraph (A) shall be made consistent
with personnel security and suitability requirements.
``(C) Consultants.--Any appointment of a consultant under
the authority under subparagraph (A) shall be made consistent
with section 6(a)(8) of the Inspector General Act of 1978 (5
U.S.C. App.).''.
(c) Government Publishing Office.--Section 3903(b) of title
44, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Inspector'';
(2) in paragraph (1), as so designated, by inserting ``,
without the supervision or approval of any other employee,
office, or other entity within the Government Publishing
Office,'' after ``is authorized''; and
(3) by adding at the end the following:
``(2) Appointments under the authority under paragraph (1)
shall be made consistent with personnel security and
suitability requirements.
``(3) Any appointment of a consultant under the authority
under paragraph (1) shall be made consistent with section
6(a)(8) of the Inspector General Act of 1978 (5 U.S.C.
App.).''.
TITLE XVII--MANAGING POLITICAL FUND ACTIVITY
SEC. 1701. MANAGING POLITICAL FUND ACTIVITY.
The Majority Leader and the Minority Leader may each
designate up to 2 employees of their respective leadership
office staff as designees referred to in the second sentence
of paragraph 1 of rule XLI of the Standing Rules of the
Senate.
TITLE XVIII--KENTUCKY WILDLANDS NATIONAL HERITAGE AREA STUDY
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Kentucky Wildlands
National Heritage Area Study Act''.
SEC. 1802. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Kentucky Wildlands National Heritage Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Kentucky.
(4) Study area.--The term ``study area'' means--
(A) Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey,
Clay, Clinton, Cumberland, Elliott, Floyd, Green, Harlan,
Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie,
Letcher, Lincoln, Magoffin, Martin, McCreary, Menifee,
Metcalfe, Monroe, Morgan, Owsley, Perry, Pike, Pulaski,
Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe
Counties in the State; and
(B) any other areas in the State that--
(i) have heritage aspects that are similar to the heritage
aspects of the areas described in subparagraph (A); and
(ii) are adjacent to, or in the vicinity of, the areas
described in that subparagraph.
SEC. 1803. STUDY.
(a) In General.--The Secretary, in consultation with State
and local historic preservation officers, State and local
historical societies, State and local tourism offices, and
other appropriate organizations and governmental agencies,
shall conduct a study to assess the suitability and
feasibility of designating the study area as a National
Heritage Area, to be known as the ``Kentucky Wildlands
National Heritage Area''.
(b) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(1) has an assemblage of natural, historic, and cultural
resources that--
(A) represent distinctive aspects of the heritage of the
United States;
(B) are worthy of recognition, conservation,
interpretation, and continuing use; and
(C) would be best managed--
(i) through partnerships among public and private entities;
and
[[Page H10580]]
(ii) by linking diverse and sometimes noncontiguous
resources and active communities;
(2) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the story of the United States;
(3) provides outstanding opportunities--
(A) to conserve natural, historic, cultural, or scenic
features; and
(B) for recreation and education;
(4) contains resources that--
(A) are important to any identified themes of the study
area; and
(B) retain a degree of integrity capable of supporting
interpretation;
(5) includes residents, business interests, nonprofit
organizations, and State and local governments that--
(A) are involved in the planning of the Heritage Area;
(B) have developed a conceptual financial plan that
outlines the roles of all participants in the Heritage Area,
including the Federal Government; and
(C) have demonstrated support for the designation of the
Heritage Area;
(6) has a potential management entity to work in
partnership with the individuals and entities described in
paragraph (5) to develop the Heritage Area while encouraging
State and local economic activity;
(7) could impact the rights of private property owners with
respect to private property; and
(8) has a conceptual boundary map that is supported by the
public.
SEC. 1804. REPORT.
Not later than 3 years after the date on which funds are
first made available to carry out this Act, the Secretary
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report that describes--
(1) the findings of the study under section 1803; and
(2) any conclusions and recommendations of the Secretary.
TITLE XIX--INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
SEC. 1901. INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT.
The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is
amended by adding at the end the following new section:
``SEC. 73. CAPITAL STOCK INCREASES.
``(a) Increases Authorized.--The United States Governor of
the Bank is authorized--
``(1)(A) to vote in favor of a resolution to increase the
capital stock of the Bank on a selective basis by 245,773
shares; and
``(B) to subscribe on behalf of the United States to 42,298
additional shares of the capital stock of the Bank, as part
of the selective increase in the capital stock of the Bank,
except that any subscription to such additional shares shall
be effective only to the extent or in such amounts as are
provided in advance in appropriations Acts; and
``(2)(A) to vote in favor of a resolution to increase the
capital stock of the Bank on a general basis by 230,500
shares; and
``(B) to subscribe on behalf of the United States to 38,662
additional shares of the capital stock of the Bank, as part
of the general increase in the capital stock of the Bank,
except that any subscription to such additional shares shall
be effective only to the extent or in such amounts as are
provided in advance in appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--(1)
In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(2)(B), there
are authorized to be appropriated, without fiscal year
limitation, $4,663,990,370 for payment by the Secretary of
the Treasury.
``(2) Of the amount authorized to be appropriated under
paragraph (1), $932,798,074 shall be for paid in shares of
the Bank, and $3,731,192,296 shall be for callable shares of
the Bank.
``(3) In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(1)(B), there
are authorized to be appropriated, without fiscal year
limitation $5,102,619,230 for payment by the Secretary of the
Treasury.
``(4) Of the amount authorized to be appropriated under
paragraph (3), $306,157,153.80 shall be for paid in shares of
the Bank, and $4,796,462,076.20 shall be for callable shares
of the Bank.''.
TITLE XX--EUROPEAN ENERGY SECURITY AND DIVERSIFICATION ACT OF 2019
SEC. 2001. SHORT TITLE.
This title may be cited as the ``European Energy Security
and Diversification Act of 2019''.
SEC. 2002. DEFINITIONS.
In this title:
(1) Early-stage project support.--The term ``early-stage
project support'' includes--
(A) feasibility studies;
(B) resource evaluations;
(C) project appraisal and costing;
(D) pilot projects;
(E) commercial support, such as trade missions, reverse
trade missions, technical workshops, international buyer
programs, and international partner searchers to link
suppliers to projects;
(F) technical assistance and other guidance to improve the
local regulatory environment and market frameworks to
encourage transparent competition and enhance energy
security; and
(G) long-term energy sector planning.
(2) Late-stage project support.--The term ``late-stage
project support'' includes debt financing, insurance, and
transaction advisory services.
SEC. 2003. STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that
the United States has economic and national security
interests in assisting European and Eurasian countries
achieve energy security through diversification of their
energy sources and supply routes.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to advance United States foreign policy and development
goals by assisting European and Eurasian countries to reduce
their dependence on energy resources from countries that use
energy dependence for undue political influence, such as the
Russian Federation, which has used natural gas to coerce,
intimidate, and influence other countries;
(2) to promote the energy security of allies and partners
of the United States by encouraging the development of
accessible, transparent, and competitive energy markets that
provide diversified sources, types, and routes of energy;
(3) to encourage United States public and private sector
investment in European energy infrastructure projects to
bridge the gap between energy security requirements and
commercial demand in a way that is consistent with the
region's absorptive capacity; and
(4) to help facilitate the export of United States energy
resources, technology, and expertise to global markets in a
way that benefits the energy security of allies and partners
of the United States, including in Europe and Eurasia.
SEC. 2004. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR
ENERGY INFRASTRUCTURE PROJECTS IN EUROPE AND
EURASIA.
(a) In General.--In pursuing the policy described in
section 2003, the Secretary of State, in consultation with
the Secretary of Energy and the heads of other relevant
United States agencies, shall, as appropriate, prioritize and
expedite the efforts of the Department of State and those
agencies in supporting the efforts of the European Commission
and the governments of European and Eurasian countries to
increase their energy security, including through--
(1) providing diplomatic and political support to the
European Commission and those governments, as necessary--
(A) to facilitate international negotiations concerning
cross-border infrastructure;
(B) to enhance Europe's regulatory environment with respect
to energy; and
(C) to develop accessible, transparent, and competitive
energy markets supplied by diverse sources, types, and routes
of energy; and
(2) providing support to improve European and Eurasian
energy markets, including early-stage project support and
late-stage project support for the construction or
improvement of energy and related infrastructure, as
necessary--
(A) to diversify the energy sources and supply routes of
European and Eurasian countries;
(B) to enhance energy market integration across the region;
and
(C) to increase competition within energy markets.
(b) Project Selection.--
(1) In general.--The agencies described in subsection (a)
shall identify energy infrastructure projects that would be
appropriate for United States assistance under this section.
(2) Project eligibility.--A project is eligible for United
States assistance under this section if the project--
(A)(i) improves electricity transmission infrastructure,
power generation through the use of a broad power mix
(including fossil fuel and renewable energy), or energy
efficiency; or
(ii) advances electricity storage projects, smart grid
projects, distributed generation models, or other
technological innovations, as appropriate; and
(B) is located in a European or Eurasian country.
(3) Preference.--In selecting among projects that are
eligible under paragraph (2), the agencies described in
subsection (a) shall give preference to projects that--
(A) link the energy systems of 2 or more European or
Eurasian countries;
(B) have already been identified by the European Commission
as being integral for the energy security of European
countries;
(C) are expected to enhance energy market integration;
(D) can attract funding from the private sector, an
international financial institution, the government of the
country in which the project will be carried out, or the
European Commission; or
(E) have the potential to use United States goods and
services during project implementation.
(c) Types of Assistance.--
(1) Diplomatic and political support.--The Secretary of
State shall provide diplomatic and political support to the
European Commission and the governments of European and
Eurasian countries, as necessary, including by using the
diplomatic and political influence and expertise of the
Department of State to build the capacity of those countries
to resolve any impediments to the
[[Page H10581]]
development of projects selected under subsection (b).
(2) Early-stage project support.--The Director of the Trade
and Development Agency shall provide early-stage project
support with respect to projects selected under subsection
(b), as necessary.
(3) Late-stage project support.--Agencies described in
subsection (a) that provide late-stage project support shall
do so with respect to projects selected under subsection (b),
as necessary.
(d) Funding.--
(1) Trade and development agency.--Section 661(f)(1)(A) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)(1)(A))
is amended by striking ``$48,000,000 for fiscal year 2000''
and inserting ``$79,500,000 for fiscal year 2020''.
(2) Countering russian influence fund.--Section 254 of the
Countering Russian Influence in Europe and Eurasia Act of
2017 (22 U.S.C. 9543) is amended--
(A) in subsection (a), by striking ``fiscal years 2018 and
2019'' and inserting ``fiscal years 2020, 2021, 2022, and
2023''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(7) To assist United States agencies that operate under
the foreign policy guidance of the Secretary of State in
providing assistance under section 2004 of the European
Energy Security and Diversification Act of 2019.''.
(e) Exception From Certain Limitation Under BUILD Act.--
(1) In general.--For purposes of providing support for
projects under this section--
(A) the United States International Development Finance
Corporation may provide support for projects in countries
with upper-middle-income economies or high-income economies
(as those terms are defined by the World Bank);
(B) the restriction under section 1412(c)(2) of the Better
Utilization of Investments Leading to Development Act of 2018
(22 U.S.C. 9612(c)(2)) shall not apply; and
(C) the Corporation shall restrict the provision of such
support in a country described in subparagraph (A) unless--
(i) the President certifies to the appropriate
congressional committees that such support furthers the
national economic or foreign policy interests of the United
States; and
(ii) such support is--
(I) designed to produce significant developmental outcomes
or provide developmental benefits to the poorest population
of that country; or
(II) necessary to preempt or counter efforts by a strategic
competitor of the United States to secure significant
political or economic leverage or acquire national security-
sensitive technologies or infrastructure in a country that is
an ally or partner of the United States.
(2) Definitions.--In this subsection, the terms
``appropriate congressional committees'' and ``less developed
country'' have the meanings given those terms in section 1402
of the Better Utilization of Investments Leading to
Development Act of 2018 (22 U.S.C. 9601).
SEC. 2005. PROGRESS REPORTS.
Not later than one year after the date of the enactment of
this Act, and annually thereafter, the President shall submit
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on progress made in providing assistance for
projects under section 2004 that includes--
(1) a description of the energy infrastructure projects the
United States has identified for such assistance; and
(2) for each such project--
(A) a description of the role of the United States in the
project, including in early-stage project support and late-
stage project support;
(B) the amount and form of any debt financing and insurance
provided by the United States Government for the project;
(C) the amount and form of any early-stage project support;
and
(D) an update on the progress made on the project as of the
date of the report.
DIVISION Q--REVENUE PROVISIONS
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This division may be cited as the
``Taxpayer Certainty and Disaster Tax Relief Act of 2019''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; etc.
TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Tax Relief and Support for Families and Individuals
Sec. 101. Exclusion from gross income of discharge of qualified
principal residence indebtedness.
Sec. 102. Treatment of mortgage insurance premiums as qualified
residence interest.
Sec. 103. Reduction in medical expense deduction floor.
Sec. 104. Deduction of qualified tuition and related expenses.
Sec. 105. Black lung disability trust fund excise tax.
Subtitle B--Incentives for Employment, Economic Growth, and Community
Development
Sec. 111. Indian employment credit.
Sec. 112. Railroad track maintenance credit.
Sec. 113. Mine rescue team training credit.
Sec. 114. Classification of certain race horses as 3-year property.
Sec. 115. 7-year recovery period for motorsports entertainment
complexes.
Sec. 116. Accelerated depreciation for business property on Indian
reservations.
Sec. 117. Expensing rules for certain productions.
Sec. 118. Empowerment zone tax incentives.
Sec. 119. American Samoa economic development credit.
Subtitle C--Incentives for Energy Production, Efficiency, and Green
Economy Jobs
Sec. 121. Biodiesel and renewable diesel.
Sec. 122. Second generation biofuel producer credit.
Sec. 123. Nonbusiness energy property.
Sec. 124. Qualified fuel cell motor vehicles.
Sec. 125. Alternative fuel refueling property credit.
Sec. 126. 2-wheeled plug-in electric vehicle credit.
Sec. 127. Credit for electricity produced from certain renewable
resources.
Sec. 128. Production credit for Indian coal facilities.
Sec. 129. Energy efficient homes credit.
Sec. 130. Special allowance for second generation biofuel plant
property.
Sec. 131. Energy efficient commercial buildings deduction.
Sec. 132. Special rule for sales or dispositions to implement FERC or
State electric restructuring policy for qualified
electric utilities.
Sec. 133. Extension and clarification of excise tax credits relating to
alternative fuels.
Sec. 134. Oil spill liability trust fund rate.
Subtitle D--Certain Provisions Expiring at the End of 2019
Sec. 141. New markets tax credit.
Sec. 142. Employer credit for paid family and medical leave.
Sec. 143. Work opportunity credit.
Sec. 144. Certain provisions related to beer, wine, and distilled
spirits.
Sec. 145. Look-thru rule for related controlled foreign corporations.
Sec. 146. Credit for health insurance costs of eligible individuals.
TITLE II--DISASTER TAX RELIEF
Sec. 201. Definitions.
Sec. 202. Special disaster-related rules for use of retirement funds.
Sec. 203. Employee retention credit for employers affected by qualified
disasters.
Sec. 204. Other disaster-related tax relief provisions.
Sec. 205. Automatic extension of filing deadlines in case of certain
taxpayers affected by Federally declared disasters.
Sec. 206. Modification of the tax rate for the excise tax on investment
income of private foundations.
Sec. 207. Additional low-income housing credit allocations for
qualified 2017 and 2018 California disaster areas.
Sec. 208. Treatment of certain possessions.
TITLE III--OTHER PROVISIONS
Sec. 301. Modification of income for purposes of determining tax-exempt
status of certain mutual or cooperative telephone or
electric companies.
Sec. 302. Repeal of increase in unrelated business taxable income for
certain fringe benefit expenses.
(c) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this division an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Tax Relief and Support for Families and Individuals
SEC. 101. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF
QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.
(a) In General.--Section 108(a)(1)(E) is amended by
striking ``January 1, 2018'' each place it appears and
inserting ``January 1, 2021''.
(b) Conforming Amendment.--Section 108(h)(2) is amended by
inserting ``and determined without regard to the substitution
described in section 163(h)(3)(F)(i)(II)'' after ``clause
(ii) thereof''.
(c) Effective Date.--The amendments made by this section
shall apply to discharges of indebtedness after December 31,
2017.
SEC. 102. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS
QUALIFIED RESIDENCE INTEREST.
(a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by
striking ``December 31, 2017'' and inserting ``December 31,
2020''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid or accrued after December 31,
2017.
SEC. 103. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.
(a) In General.--Section 213(f) is amended to read as
follows:
``(f) Temporary Special Rule.--In the case of taxable years
beginning before January 1, 2021, subsection (a) shall be
applied with respect to a taxpayer by substituting `7.5
percent' for `10 percent'.''.
[[Page H10582]]
(b) Alternative Minimum Tax.--Section 56(b)(1) is amended
by striking subparagraph (B) and by redesignating
subparagraphs (C), (D), (E), and (F), as subparagraphs (B),
(C), (D), and (E), respectively.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years ending after December 31, 2018.
SEC. 104. DEDUCTION OF QUALIFIED TUITION AND RELATED
EXPENSES.
(a) In General.--Section 222(e) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2017.
SEC. 105. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.
(a) In General.--Section 4121(e)(2)(A) is amended by
striking ``December 31, 2018'' and inserting ``December 31,
2020''.
(b) Effective Date.--The amendment made by this section
shall apply on and after the first day of the first calendar
month beginning after the date of the enactment of this Act.
Subtitle B--Incentives for Employment, Economic Growth, and Community
Development
SEC. 111. INDIAN EMPLOYMENT CREDIT.
(a) In General.--Section 45A(f) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2017.
SEC. 112. RAILROAD TRACK MAINTENANCE CREDIT.
(a) In General.--Section 45G(f) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2023''.
(b) Safe Harbor Assignments.--Any assignment, including
related expenditures paid or incurred, under section
45G(b)(2) of the Internal Revenue Code of 1986 for a taxable
year beginning on or after January 1, 2018, and ending before
January 1, 2020, shall be treated as effective as of the
close of such taxable year if made pursuant to a written
agreement entered into no later than 90 days following the
date of the enactment of this Act.
(c) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred during taxable
years beginning after December 31, 2017.
SEC. 113. MINE RESCUE TEAM TRAINING CREDIT.
(a) In General.--Section 45N(e) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2017.
SEC. 114. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR
PROPERTY.
(a) In General.--Section 168(e)(3)(A)(i) is amended--
(1) by striking ``January 1, 2018'' in subclause (I) and
inserting ``January 1, 2021'', and
(2) by striking ``December 31, 2017'' in subclause (II) and
inserting ``December 31, 2020''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2017.
SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS
ENTERTAINMENT COMPLEXES.
(a) In General.--Section 168(i)(15)(D) is amended by
striking ``December 31, 2017'' and inserting ``December 31,
2020''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2017.
SEC. 116. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON
INDIAN RESERVATIONS.
(a) In General.--Section 168(j)(9) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2017.
SEC. 117. EXPENSING RULES FOR CERTAIN PRODUCTIONS.
(a) In General.--Section 181(g) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply to productions commencing after December 31,
2017.
SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.
(a) In General.--Section 1391(d)(1)(A)(i) is amended by
striking ``December 31, 2017'' and inserting ``December 31,
2020''.
(b) Treatment of Certain Termination Dates Specified in
Nominations.--In the case of a designation of an empowerment
zone the nomination for which included a termination date
which is contemporaneous with the date specified in
subparagraph (A)(i) of section 1391(d)(1) of the Internal
Revenue Code of 1986 (as in effect before the enactment of
this Act), subparagraph (B) of such section shall not apply
with respect to such designation if, after the date of the
enactment of this section, the entity which made such
nomination amends the nomination to provide for a new
termination date in such manner as the Secretary of the
Treasury (or the Secretary's designee) may provide.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
2017.
SEC. 119. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
(a) In General.--Section 119(d) of division A of the Tax
Relief and Health Care Act of 2006 is amended--
(1) by striking ``January 1, 2018'' each place it appears
and inserting ``January 1, 2021'',
(2) by striking ``first 12 taxable years'' in paragraph (1)
and inserting ``first 15 taxable years'',
(3) by striking ``first 6 taxable years'' in paragraph (2)
and inserting ``first 9 taxable years'', and
(4) by adding at the end the following flush sentence:
``In the case of a corporation described in subsection
(a)(2), the Internal Revenue Code of 1986 shall be applied
and administered without regard to the amendments made by
section 401(d)(1) of the Tax Technical Corrections Act of
2018.''.
(b) Conforming Amendment.--Section 119(e) of division A of
the Tax Relief and Health Care Act of 2006 is amended by
inserting ``(as in effect before its repeal)'' after
``section 199 of the Internal Revenue Code of 1986''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2017.
Subtitle C--Incentives for Energy Production, Efficiency, and Green
Economy Jobs
SEC. 121. BIODIESEL AND RENEWABLE DIESEL.
(a) Income Tax Credit.--
(1) In general.--Section 40A(g) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2022''.
(2) Effective date.--The amendment made by this subsection
shall apply to fuel sold or used after December 31, 2017.
(b) Excise Tax Incentives.--
(1) Termination.--
(A) In general.--Section 6426(c)(6) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2022''.
(B) Payments.--Section 6427(e)(6)(B) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2022''.
(2) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2017.
(3) Special rule.--Notwithstanding any other provision of
law, in the case of any biodiesel mixture credit properly
determined under section 6426(c) of the Internal Revenue Code
of 1986 for the period beginning on January 1, 2018, and
ending with the close of the last calendar quarter beginning
before the date of the enactment of this Act, such credit
shall be allowed, and any refund or payment attributable to
such credit (including any payment under section 6427(e) of
such Code) shall be made, only in such manner as the
Secretary of the Treasury (or the Secretary's delegate) shall
provide. Such Secretary shall issue guidance within 30 days
after the date of the enactment of this Act providing for a
one-time submission of claims covering periods described in
the preceding sentence. Such guidance shall provide for a
180-day period for the submission of such claims (in such
manner as prescribed by such Secretary) to begin not later
than 30 days after such guidance is issued. Such claims shall
be paid by such Secretary not later than 60 days after
receipt. If such Secretary has not paid pursuant to a claim
filed under this subsection within 60 days after the date of
the filing of such claim, the claim shall be paid with
interest from such date determined by using the overpayment
rate and method under section 6621 of such Code.
SEC. 122. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) In General.--Section 40(b)(6)(J)(i) is amended by
striking ``January 1, 2018'' and inserting ``January 1,
2021''.
(b) Effective Date.--The amendment made by this section
shall apply to qualified second generation biofuel production
after December 31, 2017.
SEC. 123. NONBUSINESS ENERGY PROPERTY.
(a) In General.--Section 25C(g)(2) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Technical Amendment.--Section 25C(d)(3) is amended--
(1) by striking ``an energy factor of at least 2.0'' in
subparagraph (A) and inserting ``a Uniform Energy Factor of
at least 2.2'', and
(2) by striking ``an energy factor'' in subparagraph (D)
and inserting ``a Uniform Energy Factor''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2017.
SEC. 124. QUALIFIED FUEL CELL MOTOR VEHICLES.
(a) In General.--Section 30B(k)(1) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply to property purchased after December 31, 2017.
SEC. 125. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(g) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2017.
SEC. 126. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.
(a) In General.--Section 30D(g)(3)(E)(ii) is amended by
striking ``January 1, 2018'' and inserting ``January 1,
2021''.
(b) Effective Date.--The amendment made by this section
shall apply to vehicles acquired after December 31, 2017.
SEC. 127. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE RESOURCES.
(a) In General.--The following provisions of section 45(d)
are each amended by striking
[[Page H10583]]
``January 1, 2018'' each place it appears and inserting
``January 1, 2021'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (4)(B).
(4) Paragraph (6).
(5) Paragraph (7).
(6) Paragraph (9).
(7) Paragraph (11)(B).
(b) Extension of Election to Treat Qualified Facilities as
Energy Property.--Section 48(a)(5)(C)(ii) is amended by
striking ``January 1, 2018 (January 1, 2020, in the case of
any facility which is described in paragraph (1) of section
45(d))'' and inserting ``January 1, 2021''.
(c) Application of Extension to Wind Facilities.--
(1) In general.--Section 45(d)(1) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(2) Application of phaseout percentage.--
(A) In general.--Section 45(b)(5) is amended by striking
``and'' at the end of subparagraph (B), by striking the
period at the end of subparagraph (C) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(D) in the case of any facility the construction of which
begins after December 31, 2019, and before January 1, 2021,
40 percent.''.
(B) Treatment as energy property.--Section 48(a)(5)(E) is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end the following new clause:
``(iv) in the case of any facility the construction of
which begins after December 31, 2019, and before January 1,
2021, 40 percent.''.
(d) Effective Date.--The amendments made by this section
shall take effect on January 1, 2018.
SEC. 128. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.
(a) In General.--Section 45(e)(10)(A) is amended by
striking ``12-year period'' each place it appears and
inserting ``15-year period''.
(b) Effective Date.--The amendment made by this section
shall apply to coal produced after December 31, 2017.
SEC. 129. ENERGY EFFICIENT HOMES CREDIT.
(a) In General.--Section 45L(g) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply to homes acquired after December 31, 2017.
SEC. 130. SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL
PLANT PROPERTY.
(a) In General.--Section 168(l)(2)(D) is amended by
striking ``January 1, 2018'' and inserting ``January 1,
2021''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2017.
SEC. 131. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) In General.--Section 179D(h) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Dates.--The amendment made by subsection (a)
shall apply to property placed in service after December 31,
2017.
SEC. 132. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT
FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR
QUALIFIED ELECTRIC UTILITIES.
(a) In General.--Section 451(k)(3) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section
shall apply to dispositions after December 31, 2017.
SEC. 133. EXTENSION AND CLARIFICATION OF EXCISE TAX CREDITS
RELATING TO ALTERNATIVE FUELS.
(a) Extension.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3) are
each amended by striking ``December 31, 2017'' and inserting
``December 31, 2020''.
(2) Outlay payments for alternative fuels.--Section
6427(e)(6)(C) is amended by striking ``December 31, 2017''
and inserting ``December 31, 2020''.
(3) Special rule.--Notwithstanding any other provision of
law, in the case of any alternative fuel credit properly
determined under section 6426(d) of the Internal Revenue Code
of 1986 for the period beginning on January 1, 2018, and
ending with the close of the last calendar quarter beginning
before the date of the enactment of this Act, such credit
shall be allowed, and any refund or payment attributable to
such credit (including any payment under section 6427(e) of
such Code) shall be made, only in such manner as the
Secretary of the Treasury (or the Secretary's delegate) shall
provide. Such Secretary shall issue guidance within 30 days
after the date of the enactment of this Act providing for a
one-time submission of claims covering periods described in
the preceding sentence. Such guidance shall provide for a
180-day period for the submission of such claims (in such
manner as prescribed by such Secretary) to begin not later
than 30 days after such guidance is issued. Such claims shall
be paid by such Secretary not later than 60 days after
receipt. If such Secretary has not paid pursuant to a claim
filed under this subsection within 60 days after the date of
the filing of such claim, the claim shall be paid with
interest from such date determined by using the overpayment
rate and method under section 6621 of such Code.
(4) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2017.
(b) Clarification of Rules Regarding Alternative Fuel
Mixture Credit.--
(1) In general.--Paragraph (2) of section 6426(e) is
amended by striking ``mixture of alternative fuel'' and
inserting ``mixture of alternative fuel (other than a fuel
described in subparagraph (A), (C), or (F) of subsection
(d)(2))''.
(2) Effective date.--The amendment made by this subsection
shall apply to--
(A) fuel sold or used on or after the date of the enactment
of this Act, and
(B) fuel sold or used before such date of enactment, but
only to the extent that claims for the credit under section
6426(e) of the Internal Revenue Code of 1986 with respect to
such sale or use--
(i) have not been paid or allowed as of such date, and
(ii) were made on or after January 8, 2018.
(3) No inference.--Nothing contained in this subsection or
the amendments made by this subsection shall be construed to
create any inference as to a change in law or guidance in
effect prior to enactment of this subsection.
SEC. 134. OIL SPILL LIABILITY TRUST FUND RATE.
(a) In General.--Section 4611(f)(2) is amended by striking
``December 31, 2018'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply on and after the first day of the first calendar
month beginning after the date of the enactment of this Act.
Subtitle D--Certain Provisions Expiring at the End of 2019
SEC. 141. NEW MARKETS TAX CREDIT.
(a) In General.--Section 45D(f)(1) is amended by striking
``and'' at the end of subparagraph (F), by striking the
period at the end of subparagraph (G) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(H) $5,000,000,000 for 2020.''.
(b) Carryover of Unused Limitation.--Section 45D(f)(3) is
amended by striking ``2024'' and inserting ``2025''.
(c) Effective Date.--The amendments made by this section
shall apply to calendar years beginning after December 31,
2019.
SEC. 142. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
(a) In General.--Section 45S(i) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply to wages paid in taxable years beginning after
December 31, 2019.
SEC. 143. WORK OPPORTUNITY CREDIT.
(a) In General.--Section 51(c)(4) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section
shall apply to individuals who begin work for the employer
after December 31, 2019.
SEC. 144. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND
DISTILLED SPIRITS.
(a) Exemption for Aging Process of Beer, Wine, and
Distilled Spirits.--
(1) In general.--Section 263A(f)(4)(B) is amended by
striking ``December 31, 2019'' and inserting ``December 31,
2020''.
(2) Effective date.--The amendment made by this subsection
shall apply to interest costs paid or accrued after December
31, 2019.
(b) Reduced Rate of Excise Tax on Beer.--
(1) In general.--Paragraphs (1)(C) and (2)(A) of section
5051(a) are each amended by striking ``January 1, 2020'' and
inserting ``January 1, 2021''.
(2) Effective date.--The amendments made by this subsection
shall apply to beer removed after December 31, 2019.
(c) Transfer of Beer Between Bonded Facilities.--
(1) In general.--Section 5414(b)(3) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(2) Effective date.--The amendment made by this subsection
shall apply to calendar quarters beginning after December 31,
2019.
(d) Reduced Rate of Excise Tax on Certain Wine.--
(1) In general.--Section 5041(c)(8)(A) is amended by
striking ``January 1, 2020'' and inserting ``January 1,
2021''.
(2) Conforming amendment.--The heading of section
5041(c)(8) is amended by striking ``Special rule for 2018 and
2019'' and inserting ``Temporary special rule''.
(3) Effective date.--The amendments made by this subsection
shall apply to wine removed after December 31, 2019.
(e) Adjustment of Alcohol Content Level for Application of
Excise Taxes.--
(1) In general.--Paragraphs (1) and (2) of section 5041(b)
are each amended by striking ``January 1, 2020'' and
inserting ``January 1, 2021''.
(2) Effective date.--The amendments made by this subsection
shall apply to wine removed after December 31, 2019.
(f) Definition of Mead and Low Alcohol by Volume Wine.--
(1) In general.--Section 5041(h)(3) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(2) Effective date.--The amendment made by this subsection
shall apply to wine removed after December 31, 2019.
[[Page H10584]]
(g) Reduced Rate of Excise Tax on Certain Distilled
Spirits.--
(1) In general.--Section 5001(c)(4) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(2) Conforming amendment.--The heading of section 5001(c)
is amended by striking ``Reduced Rate for 2018 and 2019'' and
inserting ``Temporary Reduced Rate''.
(3) Effective date.--The amendments made by this subsection
shall apply to distilled spirits removed after December 31,
2019.
(h) Bulk Distilled Spirits.--
(1) In general.--Section 5212 is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(2) Effective date.--The amendment made by this subsection
shall apply to distilled spirits transferred in bond after
December 31, 2019.
(i) Simplification of Rules Regarding Records, Statements,
and Returns.--
(1) In general.--Section 5555(a) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(2) Effective date.--The amendment made by this subsection
shall apply to calendar quarters beginning after December 31,
2019.
(j) Technical Correction.--
(1) In general.--Section 5041(c)(8) is amended by adding at
the end the following new subparagraph:
``(C) Application of certain rules.--Paragraphs (3) and (6)
shall be applied by substituting `paragraph (1) or (8)' for
`paragraph (1)' each place it appears therein.''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in section 13804 of Public
Law 115-97.
SEC. 145. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN
CORPORATIONS.
(a) In General.--Section 954(c)(6)(C) is amended by
striking ``January 1, 2020'' and inserting ``January 1,
2021''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 2019, and to taxable years of
United States shareholders with or within which such taxable
years of foreign corporations end.
SEC. 146. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE
INDIVIDUALS.
(a) In General.--Section 35(b)(1)(B) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section
shall apply to months beginning after December 31, 2019.
TITLE II--DISASTER TAX RELIEF
SEC. 201. DEFINITIONS.
For purposes of this title--
(1) Qualified disaster area.--
(A) In general.--The term ``qualified disaster area'' means
any area with respect to which a major disaster was declared,
during the period beginning on January 1, 2018, and ending on
the date which is 60 days after the date of the enactment of
this Act, by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act if the
incident period of the disaster with respect to which such
declaration is made begins on or before the date of the
enactment of this Act.
(B) Denial of double benefit.--Such term shall not include
the California wildfire disaster area (as defined in section
20101 of subdivision 2 of division B of the Bipartisan Budget
Act of 2018).
(2) Qualified disaster zone.--The term ``qualified disaster
zone'' means that portion of any qualified disaster area
which was determined by the President, during the period
beginning on January 1, 2018, and ending on the date which is
60 days after the date of the enactment of this Act, to
warrant individual or individual and public assistance from
the Federal Government under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act by reason of the
qualified disaster with respect to such disaster area.
(3) Qualified disaster.--The term ``qualified disaster''
means, with respect to any qualified disaster area, the
disaster by reason of which a major disaster was declared
with respect to such area.
(4) Incident period.--The term ``incident period'' means,
with respect to any qualified disaster, the period specified
by the Federal Emergency Management Agency as the period
during which such disaster occurred (except that for purposes
of this title such period shall not be treated as beginning
before January 1, 2018, or ending after the date which is 30
days after the date of the enactment of this Act).
SEC. 202. SPECIAL DISASTER-RELATED RULES FOR USE OF
RETIREMENT FUNDS.
(a) Tax-favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any qualified disaster
distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as qualified disaster distributions for
any taxable year shall not exceed the excess (if any) of--
(i) $100,000, over
(ii) the aggregate amounts treated as qualified disaster
distributions received by such individual for all prior
taxable years.
(B) Treatment of plan distributions.--If a distribution to
an individual would (without regard to subparagraph (A)) be a
qualified disaster distribution, a plan shall not be treated
as violating any requirement of the Internal Revenue Code of
1986 merely because the plan treats such distribution as a
qualified disaster distribution, unless the aggregate amount
of such distributions from all plans maintained by the
employer (and any member of any controlled group which
includes the employer) to such individual exceeds $100,000.
(C) Controlled group.--For purposes of subparagraph (B),
the term ``controlled group'' means any group treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986.
(D) Special rule for individuals affected by more than one
disaster.--The limitation of subparagraph (A) shall be
applied separately with respect to distributions made with
respect to each qualified disaster.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives a qualified
disaster distribution may, at any time during the 3-year
period beginning on the day after the date on which such
distribution was received, make 1 or more contributions in an
aggregate amount not to exceed the amount of such
distribution to an eligible retirement plan of which such
individual is a beneficiary and to which a rollover
contribution of such distribution could be made under section
402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of
the Internal Revenue Code of 1986, as the case may be.
(B) Treatment of repayments of distributions from eligible
retirement plans other than iras.--For purposes of the
Internal Revenue Code of 1986, if a contribution is made
pursuant to subparagraph (A) with respect to a qualified
disaster distribution from an eligible retirement plan other
than an individual retirement plan, then the taxpayer shall,
to the extent of the amount of the contribution, be treated
as having received the qualified disaster distribution in an
eligible rollover distribution (as defined in section
402(c)(4) of such Code) and as having transferred the amount
to the eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the distribution.
(C) Treatment of repayments of distributions from iras.--
For purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) with
respect to a qualified disaster distribution from an
individual retirement plan (as defined by section 7701(a)(37)
of such Code), then, to the extent of the amount of the
contribution, the qualified disaster distribution shall be
treated as a distribution described in section 408(d)(3) of
such Code and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Qualified disaster distribution.--Except as provided in
paragraph (2), the term ``qualified disaster distribution''
means any distribution from an eligible retirement plan
made--
(i) on or after the first day of the incident period of a
qualified disaster and before the date which is 180 days
after the date of the enactment of this Act, and
(ii) to an individual whose principal place of abode at any
time during the incident period of such qualified disaster is
located in the qualified disaster area with respect to such
qualified disaster and who has sustained an economic loss by
reason of such qualified disaster.
(B) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such term by
section 402(c)(8)(B) of the Internal Revenue Code of 1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any qualified disaster
distribution, unless the taxpayer elects not to have this
paragraph apply for any taxable year, any amount required to
be included in gross income for such taxable year shall be so
included ratably over the 3-taxable-year period beginning
with such taxable year.
(B) Special rule.--For purposes of subparagraph (A), rules
similar to the rules of subparagraph (E) of section
408A(d)(3) of the Internal Revenue Code of 1986 shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405 of the Internal Revenue Code of
1986, qualified disaster distributions shall not be treated
as eligible rollover distributions.
(B) Qualified disaster distributions treated as meeting
plan distribution requirements.--For purposes the Internal
Revenue Code of 1986, a qualified disaster distribution shall
be treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A) of such Code.
(b) Recontributions of Withdrawals for Home Purchases.--
(1) Recontributions.--
(A) In general.--Any individual who received a qualified
distribution may, during the applicable period, make 1 or
more contributions in an aggregate amount not to exceed the
amount of such qualified distribution to an eligible
retirement plan (as defined in section 402(c)(8)(B) of the
Internal Revenue Code of 1986) of which such individual is a
beneficiary and to which a rollover contribution of such
distribution could
[[Page H10585]]
be made under section 402(c), 403(a)(4), 403(b)(8), or
408(d)(3), of such Code, as the case may be.
(B) Treatment of repayments.--Rules similar to the rules of
subparagraphs (B) and (C) of subsection (a)(3) shall apply
for purposes of this subsection.
(2) Qualified distribution.--For purposes of this
subsection, the term ``qualified distribution'' means any
distribution--
(A) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(ii) (but only to the extent such distribution
relates to financial hardship), 403(b)(11)(B), or
72(t)(2)(F), of the Internal Revenue Code of 1986,
(B) which was to be used to purchase or construct a
principal residence in a qualified disaster area, but which
was not so used on account of the qualified disaster with
respect to such area, and
(C) which was received during the period beginning on the
date which is 180 days before the first day of the incident
period of such qualified disaster and ending on the date
which is 30 days after the last day of such incident period.
(3) Applicable period.--For purposes of this subsection,
the term ``applicable period'' means, in the case of a
principal residence in a qualified disaster area with respect
to any qualified disaster, the period beginning on the first
day of the incident period of such qualified disaster and
ending on the date which is 180 days after the date of the
enactment of this Act.
(c) Loans From Qualified Plans.--
(1) Increase in limit on loans not treated as
distributions.--In the case of any loan from a qualified
employer plan (as defined under section 72(p)(4) of the
Internal Revenue Code of 1986) to a qualified individual made
during the 180-day period beginning on the date of the
enactment of this Act--
(A) clause (i) of section 72(p)(2)(A) of such Code shall be
applied by substituting ``$100,000'' for ``$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable
accrued benefit of the employee under the plan'' for ``one-
half of the present value of the nonforfeitable accrued
benefit of the employee under the plan''.
(2) Delay of repayment.--In the case of a qualified
individual (with respect to any qualified disaster) with an
outstanding loan (on or after the first day of the incident
period of such qualified disaster) from a qualified employer
plan (as defined in section 72(p)(4) of the Internal Revenue
Code of 1986)--
(A) if the due date pursuant to subparagraph (B) or (C) of
section 72(p)(2) of such Code for any repayment with respect
to such loan occurs during the period beginning on the first
day of the incident period of such qualified disaster and
ending on the date which is 180 days after the last day of
such incident period, such due date shall be delayed for 1
year (or, if later, until the date which is 180 days after
the date of the enactment of this Act),
(B) any subsequent repayments with respect to any such loan
shall be appropriately adjusted to reflect the delay in the
due date under subparagraph (A) and any interest accruing
during such delay, and
(C) in determining the 5-year period and the term of a loan
under subparagraph (B) or (C) of section 72(p)(2) of such
Code, the period described in subparagraph (A) of this
paragraph shall be disregarded.
(3) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual--
(A) whose principal place of abode at any time during the
incident period of any qualified disaster is located in the
qualified disaster area with respect to such qualified
disaster, and
(B) who has sustained an economic loss by reason of such
qualified disaster.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance
with the terms of the plan during the period described in
paragraph (2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is made--
(i) pursuant to any provision of this section, or pursuant
to any regulation issued by the Secretary or the Secretary of
Labor under any provision of this section, and
(ii) on or before the last day of the first plan year
beginning on or after January 1, 2020, or such later date as
the Secretary may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), clause (ii)
shall be applied by substituting the date which is 2 years
after the date otherwise applied under clause (ii).
(B) Conditions.--This subsection shall not apply to any
amendment unless--
(i) during the period--
(I) beginning on the date that this section or the
regulation described in subparagraph (A)(i) takes effect (or
in the case of a plan or contract amendment not required by
this section or such regulation, the effective date specified
by the plan), and
(II) ending on the date described in subparagraph (A)(ii)
(or, if earlier, the date the plan or contract amendment is
adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect, and
(ii) such plan or contract amendment applies retroactively
for such period.
SEC. 203. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY
QUALIFIED DISASTERS.
(a) In General.--For purposes of section 38 of the Internal
Revenue Code of 1986, in the case of an eligible employer,
the 2018 through 2019 qualified disaster employee retention
credit shall be treated as a credit listed at the end of
subsection (b) of such section. For purposes of this
subsection, the 2018 through 2019 qualified disaster employee
retention credit for any taxable year is an amount equal to
40 percent of the qualified wages with respect to each
eligible employee of such employer for such taxable year. The
amount of qualified wages with respect to any employee which
may be taken into account under this subsection by the
employer for any taxable year shall not exceed $6,000
(reduced by the amount of qualified wages with respect to
such employee which may be so taken into account for any
prior taxable year).
(b) Definitions.--For purposes of this section--
(1) Eligible employer.--The term ``eligible employer''
means any employer--
(A) which conducted an active trade or business in a
qualified disaster zone at any time during the incident
period of the qualified disaster with respect to such
qualified disaster zone, and
(B) with respect to whom the trade or business described in
subparagraph (A) is inoperable at any time during the period
beginning on the first day of the incident period of such
qualified disaster and ending on the date of the enactment of
this Act, as a result of damage sustained by reason of such
qualified disaster.
(2) Eligible employee.--The term ``eligible employee''
means with respect to an eligible employer an employee whose
principal place of employment with such eligible employer
(determined immediately before the qualified disaster
referred to in paragraph (1)) was in the qualified disaster
zone referred to in such paragraph.
(3) Qualified wages.--The term ``qualified wages'' means
wages (as defined in section 51(c)(1) of the Internal Revenue
Code of 1986, but without regard to section 3306(b)(2)(B) of
such Code) paid or incurred by an eligible employer with
respect to an eligible employee at any time on or after the
date on which the trade or business described in paragraph
(1) first became inoperable at the principal place of
employment of the employee (determined immediately before the
qualified disaster referred to in such paragraph) and before
the earlier of--
(A) the date on which such trade or business has resumed
significant operations at such principal place of employment,
or
(B) the date which 150 days after the last day of the
incident period of the qualified disaster referred to in
paragraph (1).
Such term shall include wages paid without regard to whether
the employee performs no services, performs services at a
different place of employment than such principal place of
employment, or performs services at such principal place of
employment before significant operations have resumed.
(c) Certain Rules to Apply.--For purposes of this section,
rules similar to the rules of sections 51(i)(1), 52, and
280C(a), of the Internal Revenue Code of 1986, shall apply.
(d) Employee Not Taken Into Account More Than Once.--An
employee shall not be treated as an eligible employee for
purposes of this section for any period with respect to any
employer if such employer is allowed a credit under section
51 of the Internal Revenue Code of 1986 with respect to such
employee for such period.
SEC. 204. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
(a) Temporary Increase in Limitation on Qualified
Contributions.--
(1) Suspension of current limitation.--Except as otherwise
provided in paragraph (2), qualified contributions shall be
disregarded in applying subsections (b) and (d) of section
170 of the Internal Revenue Code of 1986.
(2) Application of increased limitation.--For purposes of
section 170 of the Internal Revenue Code of 1986--
(A) Individuals.--In the case of an individual--
(i) Limitation.--Any qualified contribution shall be
allowed as a deduction only to the extent that the aggregate
of such contributions does not exceed the excess of the
taxpayer's contribution base (as defined in subparagraph (H)
of section 170(b)(1) of such Code) over the amount of all
other charitable contributions allowed under section
170(b)(1) of such Code.
(ii) Carryover.--If the aggregate amount of qualified
contributions made in the contribution year (within the
meaning of section 170(d)(1) of such Code) exceeds the
limitation of clause (i), such excess shall be added to the
excess described in section 170(b)(1)(G)(ii).
(B) Corporations.--In the case of a corporation--
(i) Limitation.--Any qualified contribution shall be
allowed as a deduction only to the extent that the aggregate
of such contributions does not exceed the excess of the
taxpayer's taxable income (as determined under paragraph (2)
of section 170(b) of such Code) over the amount of all other
charitable contributions allowed under such paragraph.
[[Page H10586]]
(ii) Carryover.--If the aggregate amount of qualified
contributions made in the contribution year (within the
meaning of section 170(d)(2) of such Code) exceeds the
limitation of clause (i), such excess shall be appropriately
taken into account under section 170(d)(2) subject to the
limitations thereof.
(3) Qualified contributions.--
(A) In general.--For purposes of this subsection, the term
``qualified contribution'' means any charitable contribution
(as defined in section 170(c) of the Internal Revenue Code of
1986) if--
(i) such contribution--
(I) is paid, during the period beginning on January 1,
2018, and ending on the date which is 60 days after the date
of the enactment of this Act, in cash to an organization
described in section 170(b)(1)(A) of such Code, and
(II) is made for relief efforts in one or more qualified
disaster areas,
(ii) the taxpayer obtains from such organization
contemporaneous written acknowledgment (within the meaning of
section 170(f)(8) of such Code) that such contribution was
used (or is to be used) for relief efforts described in
clause (i)(II), and
(iii) the taxpayer has elected the application of this
subsection with respect to such contribution.
(B) Exception.--Such term shall not include a contribution
by a donor if the contribution is--
(i) to an organization described in section 509(a)(3) of
the Internal Revenue Code of 1986, or
(ii) for the establishment of a new, or maintenance of an
existing, donor advised fund (as defined in section
4966(d)(2) of such Code).
(C) Application of election to partnerships and s
corporations.--In the case of a partnership or S corporation,
the election under subparagraph (A)(iii) shall be made
separately by each partner or shareholder.
(b) Special Rules for Qualified Disaster-related Personal
Casualty Losses.--
(1) In general.--If an individual has a net disaster loss
for any taxable year--
(A) the amount determined under section 165(h)(2)(A)(ii) of
the Internal Revenue Code of 1986 shall be equal to the sum
of--
(i) such net disaster loss, and
(ii) so much of the excess referred to in the matter
preceding clause (i) of section 165(h)(2)(A) of such Code
(reduced by the amount in clause (i) of this subparagraph) as
exceeds 10 percent of the adjusted gross income of the
individual,
(B) section 165(h)(1) of such Code shall be applied by
substituting ``$500'' for ``$500 ($100 for taxable years
beginning after December 31, 2009)'',
(C) the standard deduction determined under section 63(c)
of such Code shall be increased by the net disaster loss, and
(D) section 56(b)(1)(E) of such Code (section 56(b)(1)(D)
of such Code in the case of taxable years ending after
December 31, 2018) shall not apply to so much of the standard
deduction as is attributable to the increase under
subparagraph (C) of this paragraph.
(2) Net disaster loss.--For purposes of this subsection,
the term ``net disaster loss'' means the excess of qualified
disaster-related personal casualty losses over personal
casualty gains (as defined in section 165(h)(3)(A) of the
Internal Revenue Code of 1986).
(3) Qualified disaster-related personal casualty losses.--
For purposes of this subsection, the term ``qualified
disaster-related personal casualty losses'' means losses
described in section 165(c)(3) of the Internal Revenue Code
of 1986 which arise in a qualified disaster area on or after
the first day of the incident period of the qualified
disaster to which such area relates, and which are
attributable to such qualified disaster.
(c) Special Rule for Determining Earned Income.--
(1) In general.--In the case of a qualified individual, if
the earned income of the taxpayer for the applicable taxable
year is less than the earned income of the taxpayer for the
preceding taxable year, the credits allowed under sections
24(d) and 32 of the Internal Revenue Code of 1986 may, at the
election of the taxpayer, be determined by substituting--
(A) such earned income for the preceding taxable year, for
(B) such earned income for the applicable taxable year.
(2) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual whose
principal place of abode at any time during the incident
period of any qualified disaster was located--
(A) in the qualified disaster zone with respect to such
qualified disaster, or
(B) in the qualified disaster area with respect to such
qualified disaster (but outside the qualified disaster zone
with respect to such qualified disaster) and such individual
was displaced from such principal place of abode by reason of
such qualified disaster.
(3) Applicable taxable year.--For purposes of this
subsection, the term ``applicable taxable year'' means--
(A) in the case of a qualified individual other than an
individual described in subparagraph (B), any taxable year
which includes any portion of the incident period of the
qualified disaster to which the qualified disaster area
referred to in paragraph (2)(A) relates, or
(B) in the case of a qualified individual described in
subparagraph (B) of paragraph (2), any taxable year which
includes any portion of the period described in such
subparagraph.
(4) Earned income.--For purposes of this subsection, the
term ``earned income'' has the meaning given such term under
section 32(c) of the Internal Revenue Code of 1986.
(5) Special rules.--
(A) Application to joint returns.--For purposes of
paragraph (1), in the case of a joint return for an
applicable taxable year--
(i) such paragraph shall apply if either spouse is a
qualified individual, and
(ii) the earned income of the taxpayer for the preceding
taxable year shall be the sum of the earned income of each
spouse for such preceding taxable year.
(B) Uniform application of election.--Any election made
under paragraph (1) shall apply with respect to both sections
24(d) and 32 of the Internal Revenue Code of 1986.
(C) Errors treated as mathematical error.--For purposes of
section 6213 of the Internal Revenue Code of 1986, an
incorrect use on a return of earned income pursuant to
paragraph (1) shall be treated as a mathematical or clerical
error.
(D) No effect on determination of gross income, etc.--
Except as otherwise provided in this subsection, the Internal
Revenue Code of 1986 shall be applied without regard to any
substitution under paragraph (1).
SEC. 205. AUTOMATIC EXTENSION OF FILING DEADLINES IN CASE OF
CERTAIN TAXPAYERS AFFECTED BY FEDERALLY
DECLARED DISASTERS.
(a) In General.--Section 7508A is amended by adding at the
end the following new subsection:
``(d) Mandatory 60-day Extension.--
``(1) In general.--In the case of any qualified taxpayer,
the period--
``(A) beginning on the earliest incident date specified in
the declaration to which the disaster area referred to in
paragraph (2) relates, and
``(B) ending on the date which is 60 days after the latest
incident date so specified,
shall be disregarded in the same manner as a period specified
under subsection (a).
``(2) Qualified taxpayer.--For purposes of this subsection,
the term `qualified taxpayer' means--
``(A) any individual whose principal residence (for
purposes of section 1033(h)(4)) is located in a disaster
area,
``(B) any taxpayer if the taxpayer's principal place of
business (other than the business of performing services as
an employee) is located in a disaster area,
``(C) any individual who is a relief worker affiliated with
a recognized government or philanthropic organization and who
is assisting in a disaster area,
``(D) any taxpayer whose records necessary to meet a
deadline for an act described in section 7508(a)(1) are
maintained in a disaster area,
``(E) any individual visiting a disaster area who was
killed or injured as a result of the disaster, and
``(F) solely with respect to a joint return, any spouse of
an individual described in any preceding subparagraph of this
paragraph.
``(3) Disaster area.--For purposes of this subsection, the
term `disaster area' has the meaning given such term under
subparagraph (B) of section 165(i)(5) with respect to a
Federally declared disaster (as defined in subparagraph (A)
of such section).
``(4) Application to rules regarding pensions.--In the case
of any person described in subsection (b), a rule similar to
the rule of paragraph (1) shall apply for purposes of
subsection (b) with respect to--
``(A) making contributions to a qualified retirement plan
(within the meaning of section 4974(c)) under section
219(f)(3), 404(a)(6), 404(h)(1)(B), or 404(m)(2),
``(B) making distributions under section 408(d)(4),
``(C) recharacterizing contributions under section
408A(d)(6), and
``(D) making a rollover under section 402(c), 403(a)(4),
403(b)(8), or 408(d)(3).
``(5) Coordination with periods specified by the
secretary.--Any period described in paragraph (1) with
respect to any person (including by reason of the application
of paragraph (4)) shall be in addition to (or concurrent
with, as the case may be) any period specified under
subsection (a) or (b) with respect to such person.''.
(b) Effective Date.--The amendment made by this section
shall apply to federally declared disasters declared after
the date of the enactment of this Act.
SEC. 206. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON
INVESTMENT INCOME OF PRIVATE FOUNDATIONS.
(a) In General.--Section 4940(a) is amended by striking ``2
percent'' and inserting ``1.39 percent''.
(b) Elimination of Reduced Tax Where Foundation Meets
Certain Distribution Requirements.--Section 4940 is amended
by striking subsection (e).
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 207. ADDITIONAL LOW-INCOME HOUSING CREDIT ALLOCATIONS
FOR QUALIFIED 2017 AND 2018 CALIFORNIA DISASTER
AREAS.
(a) In General.--For purposes of section 42 of the Internal
Revenue Code of 1986, the State housing credit ceiling for
California for calendar year 2020 shall be increased by the
lesser of--
(1) the aggregate housing credit dollar amount allocated by
the State housing credit agencies of California for such
calendar
[[Page H10587]]
year to buildings located in qualified 2017 and 2018
California disaster areas, or
(2) 50 percent of the sum of the State housing credit
ceilings for California for calendar years 2017 and 2018.
(b) Allocations Treated as Made First From Additional
Allocation for Purposes of Determining Carryover.--For
purposes of determining the unused State housing credit
ceiling for any calendar year under section 42(h)(3)(C) of
the Internal Revenue Code of 1986, any increase in the State
housing credit ceiling under subsection (a) shall be treated
as an amount described in clause (ii) of such section.
(c) Definitions.--For purposes of this section--
(1) Qualified 2017 and 2018 california disaster areas.--The
term ``qualified 2017 and 2018 California disaster areas''
means any area in California which was determined by the
President (before January 1, 2019) to warrant individual or
individual and public assistance from the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act by reason of a major disaster the incident
period of which begins or ends in calendar year 2017 or 2018.
Notwithstanding section 201, for purposes of the preceding
sentence, the term ``incident period'' means the period
specified by the Federal Emergency Management Agency as the
period during which the disaster occurred.
(2) Other definitions.--Terms used in this section which
are also used in section 42 of the Internal Revenue Code of
1986 shall have the same meaning in this section as in such
section 42.
SEC. 208. TREATMENT OF CERTAIN POSSESSIONS.
(a) Payments to Possessions With Mirror Code Tax Systems.--
The Secretary of the Treasury shall pay to each possession of
the United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of
the application of the provisions of this title. Such amounts
shall be determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession.
(b) Payments to Other Possessions.--The Secretary of the
Treasury shall pay to each possession of the United States
which does not have a mirror code tax system amounts
estimated by the Secretary of the Treasury as being equal to
the aggregate benefits (if any) that would have been provided
to residents of such possession by reason of the provisions
of this title if a mirror code tax system had been in effect
in such possession. The preceding sentence shall not apply
unless the respective possession has a plan, which has been
approved by the Secretary of the Treasury, under which such
possession will promptly distribute such payments to its
residents.
(c) Mirror Code Tax System.--For purposes of this section,
the term ``mirror code tax system'' means, with respect to
any possession of the United States, the income tax system of
such possession if the income tax liability of the residents
of such possession under such system is determined by
reference to the income tax laws of the United States as if
such possession were the United States.
(d) Treatment of Payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this section
shall be treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of such
section.
TITLE III--OTHER PROVISIONS
SEC. 301. MODIFICATION OF INCOME FOR PURPOSES OF DETERMINING
TAX-EXEMPT STATUS OF CERTAIN MUTUAL OR
COOPERATIVE TELEPHONE OR ELECTRIC COMPANIES.
(a) In General.--Section 501(c)(12) is amended by adding at
the end the following new subparagraph:
``(J) In the case of a mutual or cooperative telephone or
electric company described in this paragraph, subparagraph
(A) shall be applied without taking into account any income
received or accrued from--
``(i) any grant, contribution, or assistance provided
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act or any similar grant, contribution,
or assistance by any local, State, or regional governmental
entity for the purpose of relief, recovery, or restoration
from, or preparation for, a disaster or emergency, or
``(ii) any grant or contribution by any governmental entity
(other than a contribution in aid of construction or any
other contribution as a customer or potential customer) the
purpose of which is substantially related to providing,
constructing, restoring, or relocating electric,
communication, broadband, internet, or other utility
facilities or services.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2017.
SEC. 302. REPEAL OF INCREASE IN UNRELATED BUSINESS TAXABLE
INCOME FOR CERTAIN FRINGE BENEFIT EXPENSES.
(a) In General.--Section 512(a) is amended by striking
paragraph (7).
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the amendments made by
section 13703 of Public Law 115-97.
The SPEAKER pro tempore. Pursuant to House Resolution 765, 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.
The Chair recognizes the gentlewoman from New York.
General Leave
Mrs. LOWEY. Madam 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. 1865.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. LOWEY. Madam Speaker, I yield myself such time as I may consume.
This domestic priorities and international assistance minibus
combines eight appropriations bills: Labor-Health and Human Services-
Education, Agriculture, Energy and Water Development, Interior-
Environment, Legislative Branch, Military Construction-Veterans
Affairs, State-Foreign Operations, and Transportation-Housing and Urban
Development.
{time} 1215
The Appropriations Committee is fortunate to have outstanding
cardinals, and they have done an extraordinary job negotiating these
bills. Because of their hard work, we have secured record funding
levels for Head Start, Child Care and Development Block Grants, and
title I schools; hundreds of millions of dollars in increases for
programs that expand access to housing; $41.7 billion for lifesaving
medical research at the NIH, a $2.6 billion increase and a record
level; $25 million for gun violence prevention research at the CDC and
NIH, which is being funded for the first time in more than 20 years;
strong funding for environmental protection, with $9 billion for the
EPA, $495 million for the Land and Water Conservation Fund, and robust
investments in clean energy to address the climate crisis.
Turning to my bill, I am proud that the State, Foreign Operations,
and Related Programs Subcommittee reached bipartisan agreement on a
robust bill that rejects the short-sighted, dangerous cuts proposed by
the Trump administration. Our bill provides $54.7 billion in
discretionary funding, which is $467 million above fiscal year 2019 and
$11.3 billion above the request.
To confront today's global challenges, from poverty to civil war,
from climate change to violent extremism, our bill provides strong
investments in security, humanitarian, and development assistance;
basic education; and global health programs like HIV/AIDS, nutrition,
TB, and malaria.
It restores the State Department's and USAID's staffing to 2016
levels and increases funding for many of our critical partners, like
the National Endowment for Democracy, the Global Fund, the U.S.
Institute of Peace, the Inter-American Foundation, and the U.S. African
Development Foundation.
Of critical importance, the bill limits the administration's ability
to redirect or deviate from congressionally directed spending levels.
Amid all these successes, I must note how disappointing it is that,
in these negotiations, President Trump and congressional Republicans
refused to relent on their counterproductive assault on women's rights
and health programs that provide basic healthcare to women and families
here and around the world.
Madam Speaker, I joined the Appropriations Committee because it is
the best place to give more people a better chance at a better life.
With this bill, we have lived up to that promise by making historic
investments for the people. I am so proud that we are able to do so
much good for children and families across the country and around the
world.
Madam Speaker, I urge my colleagues to join me in supporting this
important legislation, and I reserve the balance of my time.
Ms. GRANGER. Madam Speaker, I yield myself such time as I may
consume.
I rise today in support of H.R. 1865, a bill that will provide
funding for the
[[Page H10588]]
Departments of Labor, Health and Human Services, and Education;
Agriculture; Energy and Water; Interior; the Legislative Branch;
Military Construction and the Veterans Administration; State and
Foreign Operations; and Transportation and Housing.
This package protects the sanctity of life and provides vital funding
to promote the health and well-being of all Americans. In particular,
the bill maintains all prior year pro-life protections and secures the
largest pro-life victory in a generation by maintaining the Trump
administration's Title X Family Planning regulations.
It provides funding to the National Institutes of Health to continue
their groundbreaking research in the areas of Alzheimer's disease and
cancer research, including childhood cancers. It combats the opioid and
methamphetamine epidemic in this country by providing funds for
prevention, treatment, recovery, and research into alternative
therapies for pain management.
The bill also includes key provisions to help Americans in rural
areas, such as significant funding for broadband programs; support for
those farmers and ranchers around the country severely affected by
hurricanes, floods, drought, and other national disasters in 2018 and
2019; and promotes economic growth and opportunity through loans for
housing, utilities, and businesses.
Increased funding for the Army Corps of Engineers is also included in
this package to support navigation and flood control improvements.
In addition, the bill continues to advance the Nation's all-of-the-
above solutions to energy independence through targeted investments in
research and development.
Finally, the bill includes several key wins for the military and
veterans, as well as our diplomats abroad, such as an increase in
funding for military construction and family housing projects; improved
resources for veterans to address mental health, suicide, and
homelessness; and expanded programs for female veterans.
The bill strongly supports our ally Israel and fulfills the U.S.-
Israel memorandum of understanding by providing funding for military
assistance and maintains funding to keep our embassies safe and secure.
Like the package we just debated, there are many provisions here that
are good for our country. I hope we can move this bill quickly through
the House and the Senate so the President can sign it into law before
funding runs out Friday.
Madam Speaker, I reserve the balance of my time.
Mrs. LOWEY. Madam Speaker, I yield 3 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the chairwoman of the Energy and Water Development
Subcommittee.
Ms. KAPTUR. Madam Speaker, I thank the gentlewoman for yielding me
this time. I thank Chairwoman Lowey and Ranking Member Granger for
bringing these important measures to the floor.
The Energy and Water division of this bill makes critical investments
in energy and water systems to sustain life on Earth, to combat climate
change, to build public water infrastructure, and to invest in nuclear
security.
I sincerely thank our ranking member, Mr. Simpson, who has been a
truly constructive, able, and amiable partner in these efforts.
I thank our subcommittee staff, these young, gifted, patriotic
Americans who have worked so hard to put this bill together: Jaime
Shimek, Angie Giancarlo, Scott McKee, Farouk Ophaso, Mark Arnone, Mike
Brain, and Marcel Caldwell.
Our bill rejects the President's short-sighted proposed cuts that
would harm our Nation's interests for both today and tomorrow. Instead,
our bill invests in the future to meet serious national priorities.
Addressing the needs of the future both economically and
environmentally requires that our Nation be at the forefront of global
innovation. The Energy and Water division of this bill moves our Nation
forward on that vital front.
Further, American companies require advanced means to produce and
ship goods efficiently in a highly competitive and uneven global
marketplace. We seek to advantage them.
Finally, ensuring water and electricity for millions of Americans
seems fundamental, but there are weighty new challenges. We provide
additional support to meeting those priorities.
We achieve this by providing $7.65 billion for the Army Corps of
Engineers, $652 billion above 2019, likely our Nation's premier
infrastructure bill for 2020.
We provide $1.66 billion for the Bureau of Reclamation, $110 million
above 2019, for the desertification of Western States.
We provide $38.6 billion for the Department of Energy, $2.9 billion
above 2019. Within the DOE, Department of Energy, we responsibly fund
our Nation's nuclear deterrent while providing a significant boost for
vital nonproliferation efforts.
Our bill increases the Department of Energy's Energy Efficiency and
Renewable Energy program; ARPA-E, the advanced research programs; and
the Office of Science to sharpen America's edge to invent the future
and to ensure our Nation's energy leadership, security, and
independence for generations to come, as all of our research labs, both
public and private, across our country are being hacked constantly by
those that seek to steal our patents and our innovation.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. Madam Speaker, I yield an additional 30 seconds to the
gentlewoman from Ohio (Ms. Kaptur).
Ms. KAPTUR. In sum, the Energy and Water division of this bill
invests in innovative programs to yield future opportunities and jobs.
Our focus is on ensuring future economic prosperity. We underpin
national security, and we bolster economic security and trade.
Fundamentally, our work together prepares our country to mitigate,
adapt to, and intelligently manage the awesome challenges of climate
change, including the significant water events across our country,
including our Great Lakes region.
Our bill is needed more than ever to move America forward. We are
living in a pivotal era. I look forward to answering any questions that
individuals may have privately.
Ms. GRANGER. Madam Speaker, I yield 5 minutes to the gentleman from
Kentucky (Mr. Rogers).
Mr. ROGERS of Kentucky. Madam Speaker, I thank the gentlewoman for
yielding.
I rise today in support of this second appropriations package to fund
the government for fiscal year 2020. I especially want to state my
heavy support for this portion of the bill that funds the State
Department and our foreign operations around the world.
I thank the distinguished chair, Mrs. Lowey, and the ranking member,
Ms. Granger, on their masterful work to shepherd this compromise all
the way through the maze that is the Congress to this floor where we
sit today.
I especially value Chairwoman Lowey's partnership on the State and
Foreign Operations title of this bill, which she also chairs. She and I
may differ on some issues--in fact, we do differ on some issues--but on
the whole, this bill represents the priorities of Congress in support
of our national security.
The agreement includes significant funding to secure our 200-plus
diplomatic posts around the world, our embassies, consulates, and the
like, and to support critical allies like Israel, Jordan, Egypt,
Georgia, and Ukraine. It will allow us to respond to a growing threat
that China poses to our security.
In our own hemisphere, the bill prioritizes funding for Latin America
as the region continues to face instability from the crisis in
Venezuela, as well as from the rampant drug problem and corruption.
The bill also continues vigorous oversight of U.S. assistance, denies
funding for the Green Climate Fund, and respects the sanctity of life
around the world.
This package also includes a number of provisions of critical
importance to my district in southern and eastern Kentucky.
First, there is a strong commitment to our coal miners and the
communities where they live. I am exceedingly proud that a bill I
cosponsored to protect our retired miners is also included in this
bill. It ensures that these
[[Page H10589]]
hardworking individuals receive the healthcare and the pensions that
they have earned. I hope the 100,000 families impacted by this
provision will have peace of mind heading into this Christmas season.
This bill also provides $115 million for the Abandoned Mine Lands
Pilot Program, which has been monumentally successful in creating new
economic development opportunities in Appalachia.
{time} 1230
This funding is a strong complement to the Appalachian Regional
Commission, which is robustly funded at $175 million in this package.
Within the Department of Agriculture, there is strong emphasis on rural
infrastructure, including broadband deployment.
I am also proud that my Kentucky Wildlands National Heritage Area
Study Act is included in today's package. I have been proud to work
with Leader McConnell on this initiative to truly recognize the
incredible natural and historic value of eastern Kentucky.
This legislation will also ensure that the veterans in our region
receive the care they need and deserve. I advocated for a new pilot
program to provide transportation assistance for our Nation's many
rural veterans, like those in eastern Kentucky, and I am grateful for
the seed funding to get that off the ground.
Finally, nearly $6 billion is provided for opioid addiction
prevention, treatment, and recovery, and research into alternative
therapies for pain management. A new loan repayment program that is
funded in the bill will help get qualified treatment professionals into
underserved communities like ours in Kentucky.
But I am especially thankful for the inclusion in this bill of
sufficient funds to help us fight the problem of opioid addiction,
which got its start in my district some 15 years ago.
Madam Speaker, I thank the gentlewoman for yielding. I urge support
of this bill.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 3 minutes to the
gentleman from North Carolina (Mr. Price), the chairman of the
Transportation, and Housing and Urban Development Subcommittee.
Mr. PRICE of North Carolina. Madam Speaker, I am pleased to rise in
strong support of H.R. 1865.
I want to first thank our chairwoman, Nita Lowey, and also Ranking
Member Kay Granger for their leadership and cooperation. I want to
thank my good friend, Mario Diaz-Balart of Florida, for his
collaborative approach. I couldn't ask for a better ranking member and
partner in our subcommittee's work.
The T-HUD section of this bill invests in America's transportation
and housing infrastructure with a particular stress on safety, on
addressing the needs of the most vulnerable, and on mitigating the
impacts of climate change.
It includes $74.3 billion in discretionary funding. That is an
increase of $3.2 billion above the 2019 level, and it is $15.8 billion
above the President's budget request.
On the housing side of the ledger, all Section 8 vouchers are
renewed. The HOME program and Community Development Block Grants each
receive $100 million in increased funding, and there is a $95 million
increase for public housing capital expenditures to address the
maintenance backlog.
Vital transportation programs are also robustly funded, including $1
billion for BUILD, formerly TIGER, grants. We provide more than $3
billion in discretionary resources above authorized levels for
highways, transit, and aviation projects for every State and territory
in this Nation. Amtrak, competitive rail grant programs, and port
infrastructure also receive strong funding.
These investments support a renewed commitment to safety. The FAA
receives additional resources to bolster aircraft certification,
including dedicated funding to hire new safety inspectors, engineers,
and data scientists. Every State will receive new funding to repair
aging and deficient bridges. And resources are provided to address
hazards in Federally-assisted housing, such as carbon monoxide, radon,
and lead.
Vulnerable populations are targeted in our bill. We prioritized
assistance for them, for example, for the construction of new housing
units for the elderly and disabled, new vouchers for veterans, as well
as resources for the homeless, people with HIV/AIDS, domestic violence
survivors, and at-risk youth.
Finally, I am proud that this legislation lays the groundwork to
integrate resiliency principles into the full range of programs under
the bill's jurisdiction. For example, we require in this bill HUD
grantees to think ahead about storm and hazard mitigation as part of
their planning process.
So, in closing, we are proud of this bill, and we urge its support.
It makes forward-looking investments while boosting safety and
protecting vulnerable populations. It will benefit and serve all
American communities, urban and rural, and lay the foundation for
economic growth and prosperity.
Madam Speaker, I urge my colleagues to support this bill.
Ms. GRANGER. Madam Speaker, I yield 1 minute to the gentlewoman from
Washington (Ms. Herrera Beutler).
Ms. HERRERA BEUTLER. Madam Speaker, I rise today in support of H.R.
1865, which includes funding for the Legislative Branch.
The recommendation for fiscal year 2020 Legislative Branch Division
provides for $5.049 billion. This is a 4.4 percent increase above
fiscal year 2019.
The allocation provides the budget request for the Office of the
Congressional Workplace Rights and the Government Publishing Office, as
well as increases for the House of Representatives, Capitol Police,
Congressional Budget Office, Library of Congress, Government
Accountability Office, and the Open World Leadership Center.
I am really pleased that this bill supports the Capitol Police, as
well as funding for important Architect of the Capitol security
infrastructure improvements to keep the Capitol campus safe and to keep
its visitors safe, its staff, the Members, and the folks who work here.
I am also supportive of the funding that supports the Library of
Congress' Visitor's Experience enhancements and other programs that my
constituents, all of our constituents, enjoy regularly, as well as
upgrades to the Capitol complex facilities for visitors and staff with
disabilities, which will make it easier for the blind and the visually
impaired to access and enjoy the Capitol complex.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. GRANGER. Madam Speaker, I yield the gentlewoman from Washington
an additional 30 seconds.
Ms. HERRERA BEUTLER. Madam Speaker, I appreciate Chairman Ryan's
cooperation and support on several initiatives that are important to us
and this institution. I would like to thank Chairwoman Lowey and
Ranking Member Granger for their support and guidance throughout this
process.
Madam Speaker, I urge my colleagues to vote in favor of H.R. 1865.
Mrs. LOWEY. Madam Speaker, I yield 3 minutes to the gentleman from
Georgia (Mr. Bishop), the chairman of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Subcommittee.
Mr. BISHOP of Georgia. Madam Speaker, I thank the gentlewoman for the
time, and I rise in support of H.R. 1865.
As the chair of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Subcommittee, I am pleased to
briefly highlight the important national priorities addressed in this
bill.
From the safety of our food and medicines, to agriculture research,
to rural development, and nutrition assistance, the programs in this
bill touch the lives of every American on a daily basis. The strong
investments we make in this bill will improve people's lives at home
and abroad.
The fiscal year 2020 Agriculture bill provides $23.5 billion in
discretionary funding, $183 million above the fiscal year 2019 level.
In addition, it provides the latest estimates for mandatory programs
required by law.
The legislation makes major investments, totaling almost $3.8
billion, in our rural communities, including $1.45 billion for rural
water and waste program loans and $545 million in grants for clean and
reliable drinking water systems, $640 million for broadband programs,
including $555 million for
[[Page H10590]]
the Re-Connect grants and loans, an issue with strong bipartisan
support.
The bill funds all of the domestic nutrition programs, including
SNAP, WIC, and the Child Nutrition Programs, sufficiently to meet
anticipated participation in fiscal year 2020.
In addition, it provides $35 million for the Summer EBT program, $30
million for the school kitchen equipment grants, and $5 million for the
school breakfast expansion grants.
The bill provides $1.8 billion for farm programs, including $35
million to address staffing shortages at county offices to ensure
farmers and producers receive the best possible customer service.
It also extends and expands disaster assistance to continue assisting
farmers, ranchers, and producers in States that were devastated by
natural disasters, including Hurricane Michael that devastated my
district.
The legislation makes critical investments in agriculture research by
providing $3.2 billion, a $171 million increase over fiscal year 2019.
We provided record levels of resources for the Food for Peace and
McGovern-Dole programs. These programs send American commodities all
over the world to address global hunger and are an essential tool of
American diplomacy.
The Food and Drug Administration will receive $3.16 billion in
discretionary funding, with specific funding dedicated to fighting rare
cancers, gaining efficiencies for generic drug reviews, improving
response to foodborne illness outbreaks, and the continued
implementation of the Food Safety Modernization Act.
The bill funds the Commodity Futures Trading Commission at $315
million, a historic, necessary, and long-overdue increase.
I am pleased that the bill provides funding for several programs
authorized in the 2018 farm bill, including the 1890 National Scholars
program.
Finally, Madam Speaker, I would like to thank Chairwoman Lowey and
Ranking Member Granger for their historic and effective leadership
throughout the appropriations process. I would like to also thank the
subcommittee's distinguished ranking member, Mr. Fortenberry. He has
been a great partner during this process.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. LOWEY. Madam Speaker, I yield an additional 30 seconds to the
gentleman.
Mr. BISHOP of Georgia. Mr. Speaker, of course I have to give a
tremendous shout out to the hardworking Appropriations Committee staff,
both majority and minority. They have worked hard through multiple
challenges, and they have delivered us a good bill, although not
perfect, to avoid a government shutdown.
Madam Speaker, this is a good bill, and I urge my colleagues to
support it.
Ms. GRANGER. Madam Speaker, I yield 4 minutes to the gentleman from
Idaho (Mr. Simpson).
Mr. SIMPSON. Madam Speaker, I thank the gentlewoman for yielding
time.
Madam Speaker, I rise today in support of H.R. 1865, the Further
Consolidated Appropriations Act for Fiscal Year 2020, and particularly
division C, the Energy and Water Development and Related Agencies
Appropriations Act.
Madam Speaker, before I get into the details of the bill, I would
like to thank several Members involved in this effort: my chairwoman,
Marcy Kaptur, and our Senate partners, Lamar Alexander and Dianne
Feinstein. The four of us have now worked several Energy and Water
conferences together, and I continue to appreciate the collegiality and
determination to advance national and constituent interests that my
colleagues bring to the discussions.
Madam Speaker, I would also like to thank our full committee
leadership, Chairwoman Lowey and Ranking Member Granger here in the
House and Chairman Shelby and Ranking Member Leahy in the Senate, for
their leadership and support throughout this year's process.
As ranking member of the House Energy and Water Appropriations
Subcommittee, I believe this fiscal year 2020 Energy and Water bill is
a good bill, and I am pleased that so many House Republican priorities
are included in this final bill.
First and foremost, the bill strongly supports our national nuclear
security programs, providing a total $16.7 billion for the National
Nuclear Security Administration, including weapons activities, defense
nuclear nonproliferation, and naval reactors.
Weapons activities specifically is funded at $12.5 billion, an
increase of $1.4 billion above fiscal year 2019. Within this amount,
the bill fully funds the maintenance and modernization of our nuclear
weapons systems, including each nuclear weapon life extension,
alteration, and modification program, as well as activities to rebuild
production capabilities for strategic materials, such as plutonium
pits.
Next, the bill includes substantial investments in our Nation's water
resources infrastructure. The Corps of Engineers is funded at a total
of $7.65 billion, an increase of $651 million above last year.
Within this amount, an estimated $1.63 billion is for the Harbor
Maintenance Trust Fund activities. That level exceeds the annual HMTF
target. In fact, it represents 91.5 percent of the estimated revenues,
compared to the revenue fiscal year 2020 target of 80 percent
established in WRRDA in 2014.
Finally, one of my personal priorities, the bill promotes innovation
and growth in nuclear energy, funding research, development, and
demonstration activities at $1.3 billion, an increase of $160 million
above fiscal year 2019.
Within this amount, the bill establishes a new advanced nuclear
reactor demonstration program. The goal is to build two demonstration
reactors by the mid-2020s, in a move towards commercializing the next
generation of carbon-free nuclear energy technology to be deployed here
in the United States and around the globe.
I am also pleased to see several provisions included in other
divisions of this bill. Specifically, the Interior and Environment
Appropriations bill includes many important policies and funding
provisions to ensure that sage grouse remain off the endangered species
list.
The agreement could not be more important for rural counties thanks
to full funding for PILT and 2 years of SRS funding.
This agreement is historic because it will be the first time the
Forest Service and the Department of the Interior will have access to
budget cap adjustments for wildfire fighting. This allows wildfires
finally to receive equal treatment with other natural disasters and
allows our land management agencies to focus on prevention efforts to
get ahead of the issue.
In the Agriculture Appropriations bill, this agreement delivers vital
research funding for potatoes, grain, and other commodities, and it
signals an important step forward for the sheep station in Dubois,
Idaho, and acknowledges the diverse stakeholders who seek to
collaborate and grow future research at the station. I am eager to
continue the momentum to build capacity at Dubois.
{time} 1245
Finally, and probably most importantly, I thank the staff of all of
our subcommittees, but particularly the ones I work with on Interior
and Energy and Water. They do a tremendous job for us. They are here on
weekends. They are here during holidays and other times behind the
scenes, actually putting together these bills. This is a job we could
not do without their support.
All in all, this appropriations package, including the Energy and
Water division, is a strong bill that incorporates many priorities, and
I urge my colleagues to support it.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 3 minutes to the
gentlewoman from Connecticut (Ms. DeLauro), the distinguished chair of
the Labor, Health and Human Services, Education, and Related Agencies
Subcommittee.
Ms. DeLAURO. Madam Speaker, I rise to speak about the fiscal year
2020 appropriations bill for the Labor, Health and Human Services,
Education, and Related Agencies Subcommittee.
The Labor-H bill reflects our priorities as a Nation. It touches our
constituents at every single stage of their life, from birth to
retirement, for their
[[Page H10591]]
health, work, and education. It provides people with a better chance at
a better life.
For years, the Labor-H bill has been shortchanged. Now, we are making
up for lost ground. We fought the Senate to win crucial investments.
The result: a hard-fought, positive bill with a net increase of 3.5
percent over 2019, or $6.5 billion more for the people of this country.
I first want to thank Congresswoman Nita Lowey, the full
Appropriations Committee chair. Her leadership and dedication to Labor-
H helped to ensure that this bill could create real opportunity for
people. I thank our ranking member, Kay Granger, for her dedication and
determination. And I acknowledge Congressman Tom Cole, my partner,
the ranking member of the subcommittee. We have found common ground
over and over again, which is rooted in our shared values about what is
good for the people of this country.
Let me describe some of the investments.
Education: $550 million increase for Child Care and Development Block
Grant; $550 million increase for Head Start and $25 million increase
for preschool development grants; $450 million increase for title I,
$400 million increase for special education, and a new initiative in
social and emotional learning, including $65 million in innovation
grants; $93 million increase for minority-serving institutions and a
$150 increase to Pell grants.
Health: $2.6 billion increase for National Institutes of Health and
$637 million increase for Centers for Disease Control and Prevention,
including tobacco prevention, public health data modernization, and
suicide prevention; full funding for a new HIV initiative to eliminate
new transmissions of HIV over the next decade; and continued high
funding for State opioid grants.
I am disheartened that the Republicans obstructed us from defending
women's health from the administration's attack on the Title X program.
We will continue that long fight, and we will win in the near term. All
women's reproductive health must be on equal footing.
An incredible win was $25 million for evidence-based gun violence
prevention research, the first time in 20 years that we have provided
money and resources to look at research on trying to prevent gun
violence. It follows our hearing on gun violence research that was the
first hearing that we had.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. Madam Speaker, I yield an additional 30 seconds to the
gentlewoman from Connecticut.
Ms. DeLAURO. The significance of the achievement cannot be
overstated. It will save lives.
Labor: $48 million increase for worker protection, $30 million
increase for the Workforce Innovation and Opportunity Act State grants,
$25 million increase for Job Corps, and a new $40 million grant for
community colleges to train people for in-demand jobs.
For too long, workers and families have been shortchanged. We fought
hard. We are making up for lost ground. We can make opportunity real
for people.
Let me thank the staff on this job, subcommittee staff Robin Juliano,
Stephen Steigleder, Jen Cama, Jackie Kilroy, Laurie Mignone, Jared
Bass, Philip Tizzani, and Brad Allen; my staff Letty Mederos, Liz
Albertine, and Caitlin Peruccio; and the minority staff Susan Ross and
Kathryn Salmon. As I say, our names are on the door, but they do the
work for us.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Florida (Mr. Diaz-Balart).
Mr. DIAZ-BALART. Madam Speaker, I rise to support this bill, and
particularly, I want to talk about the transportation and housing
portion of it. Chairman Price and I worked with our Senate colleagues
to craft a fair agreement to meet our Nation's transportation and
housing needs.
The T-HUD discretionary total is $74.3 billion, which is $1.5 billion
below the House-passed level.
I would note that there are a lot of pressures in this bill. We
required $2 billion above last year just to meet housing inflation and
another $2 billion just to make up for lost receipts, so there is a $4
billion hole to start with.
Some tough choices had to be made. Let me talk about specifics: $2.4
billion for highway grants, which provides funding directly to our
State DOTs, $1 billion for BUILD grants to help transform communities,
and $225 million for port infrastructure. This bill also emphasizes
safety, and that is something we should be proud of.
For HUD, we provide $3.4 billion for Community Development Block
Grants, a huge priority for Members, both Democrats and Republicans.
The bill meets our commitment to provide housing assistance to our
most vulnerable, including the elderly, the disabled, and our veterans.
I am proudly particularly proud and pleased that the bill provides
$2.8 billion for homeless assistance grants. I have seen the results of
this program firsthand. In Miami-Dade County, we, in essence,
effectively eliminated homelessness among veterans in our county.
As a final point on the T-HUD bill, I would note that this agreement
drops all the controversial riders in the bill. Once again, Chairwoman
Lowey and Ranking Member Granger led us through difficult negotiations
by working day and night and never giving up, and we are grateful for
their leadership.
Finally, I thank Chairman Price for his friendship and his
partnership. He has been a joy and a delight to work with, as well as
our Senate counterparts, Senator Collins and Senator Reed.
I am proud of this bill. I think it is a great bill for
transportation and infrastructure, and also for our housing needs, and
I urge a ``yes'' vote.
Mrs. LOWEY. Madam Speaker, I am very pleased to yield 3 minutes to
the distinguished gentlewoman from Minnesota (Ms. McCollum), the chair
of the Interior, Environment, and Related Agencies Subcommittee.
Ms. McCOLLUM. Madam Speaker, I rise in support of this bill. It is
the product of bipartisan negotiations that reflect compromise and a
shared desire to fund the Federal Government.
The Interior and Environment section provides $36 billion, which is
$437 million more than last year's fiscal year 2019 enacted bill.
We make critical investments in environmental protection, in Indian
Country, to public land management, and the arts.
Here are a few highlights: $43 million for PFAS research to set
standards for clean drinking water and for cleaning up PFAS; an
additional $24 million for EPA enforcement and compliance activities,
the first increase in a decade; the largest increase in a decade for
the National Endowment for the Arts and Humanities, each funded at $162
million; and the Land and Water Conservation Fund is at the highest
level since 2003, with $495 million in new funding.
The bill enhances the EPA's ability to protect human health and the
health of our environment, providing $9.08 billion, the second-highest
level ever for the agency. An all-time high for environmental justice
funding is included at over $10 million.
It also provides record funding for the endangered species program at
a time when 1 million plant and animal species are at risk of
extinction.
We continue our subcommittee's nonpartisan approach to issues facing
our Native American brothers and sisters by investing in programs
critical to the health, safety, and well-being of Native peoples.
In the bill, we are serious about addressing the climate crisis and
recognize the importance of science in understanding how our planet is
changing. We prioritize funding by providing $52 million for renewable
energy development and $416 million for climate change research and
adaptation activities, a $30 million increase.
Programs in the Interior bill impact all of us, preserving our
natural and cultural heritage to ensure the air we breathe and the
water we drink is clean not only for today but for future generations.
Madam Speaker, I urge my colleagues on both sides of the aisle to
support this bill. I wholeheartedly thank staff on both sides for their
help in making this happen.
Ms. GRANGER. Madam Speaker, I yield 4 minutes to the gentleman from
Nebraska (Mr. Fortenberry).
Mr. FORTENBERRY. Madam Speaker, first of all, let me say how thankful
I am for the leadership of Chairman Bishop and, frankly, for the
partnership that we have developed over this
[[Page H10592]]
past year. It has been truly remarkable. I also thank Chairwoman Lowey
and Ranking Member Granger for their intensive effort around this
important piece of legislation, and that of the staff. This is good for
America.
Agriculture, Madam Speaker, is, in its essence, really essential to
the well-being of our country. The Agriculture portion of this entire
package includes support for the hard work of our farmers, ranchers,
and producers who give us something that we really all do take for
granted, some of the lowest grocery prices in the world, as well as
protection for the most vulnerable who are in the midst of food
insecurity and disaster relief for humanitarian causes.
Madam Speaker, in the midst of a House divided, I would like to say
this: Food is food. A meal brings us together. Agriculture production
is the basis for economic and social well-being, and I am very proud of
this effort. We found a reasonable path forward to consensus in meeting
the needs of fellow Members. This cooperation allowed us to fight hard
to defend, in a bipartisan fashion, House Member priorities.
For example, this bill includes funding streams for the building and
rebuilding of critical infrastructure needed in our rural communities,
from housing to utilities to economic development. Specifically, the
bill includes $555 million for the ReConnect broadband program we
started just 2 years ago. The Senate bill didn't include any money for
this basic utility, but we have.
The bill includes an additional $87 million for other rural broadband
initiatives that will help bridge the gap and create an ecosystem of
livability for telework, telehealth, precision agriculture, and a host
of beneficial digital outcomes for rural America.
Beyond food, this bill also includes a certain level of
responsibility for our Nation's healthcare policy. We support
initiatives at the Food and Drug Administration to enhance blood
safety, stop opioid abuse, reduce generic drug prices, and further food
safety. Continued investments in generic drug competition will help
bring down prices for the healthcare needs of all of our constituents.
The bill before us maintains a number of very important provisions,
such as a Buy America requirement for water and waste infrastructure
and flexibilities for child nutrition programs. Interestingly, as well,
and of note, the sale of tobacco and vaping products now moves to 21
years of age.
No bill includes everything you fight for, but this bill includes a
number of benefits for Americans in our diverse communities back home.
It supports a number of smaller yet highly impactful programs,
enhancing nutrition programs for Native Americans, supporting the Farm
and Ranch Stress Assistance Network, and the Rural Microentrepreneur
Assistance Program.
Madam Speaker, let me highlight the importance of one particular
program, the farm to school program. We are on the verge of a new
movement in this country, connecting the farm to the family, the city
to the country. People want to know where their food comes from, Madam
Speaker. Programs like this will inspire our youth, build new markets,
and uphold the value of agriculture to all America.
Madam Speaker, this is a good bill for all of us, and I urge its
support.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 3 minutes to the
distinguished gentleman from Ohio (Mr. Ryan), the chairman of the
Legislative Branch Subcommittee.
{time} 1300
Mr. RYAN. Madam Speaker, I am pleased to rise in support of H.R.
1865, in particular, division E, the fiscal year 2020 Legislative
Branch appropriations.
My thanks go to full committee Chairwoman Lowey and her ranking
member, Kay Granger, for putting this entire bill together, not just
this subcommittee. This has been an amazing process. I want to thank my
minority counterpart, Representative Herrera Beutler, and all who have
guided and supported this bill through.
I am pleased to announce there is a $213 million increase to the
Legislative Branch appropriations bill, 4.4 percent above fiscal year
2019. This bill gives Members and committees the funding needed to
improve their constituent services and legislative oversight
responsibilities.
With this bill, we have been able to increase our Members'
representational allowance, support committee budgets, and restore
funding shortfalls in the account that pays House health and retirement
benefits.
The bill will allow an increase in intern allowances, from $20,000 to
$25,000 per Member office, so that a more diverse group can apply
without worrying about the financial burden of working for free.
The bill continues to fund the Wounded Warrior Program, as well as
the new congressional Gold Star Family Fellowship Program.
We have provided first-year funding for both the Office of Diversity
and Inclusion and the Office of the Whistleblower Ombudsman so that
Congress has the tools to encourage greater staff diversity and to
effectively handle whistleblower complaints.
It also includes sufficient funding to extend the Select Committee on
the Modernization of Congress.
The bill increases funding for our important support and oversight
agencies: the CBO, the GAO, the GPO, and the Capitol Police.
Members will be pleased to learn that our bill provides another $10
million for the Library of Congress visitor experience, for a project
total of $20 million.
I am pleased that the bill includes a provision that permits an
increase in the pay levels of senior congressional staff.
I would also like to just make a comment or two on the broader bill.
I think Speaker Pelosi said this earlier in the day, and I know
Chairwoman Lowey said it earlier in the day and in the last few days.
This appropriations bill, while it lacks things like the Butch Lewis
Act, where we need to take care of pensions for some of our workers out
in the country, this bill is about the future.
There are investments in here in social and emotional learning,
healthy food, the Department of Energy, and creating an energy
incubator fund so that we can win the economy in the future around new
forms of energy.
This bill has money in it for new auto companies, $5 million for the
Advanced Technology Vehicle Manufacturing loan program, which will
allow facilities like the one in Lordstown, Ohio, to refurbish itself
to move into the future.
This is a good bill, and I encourage people to vote for this bill.
This bill will help America win the future.
Madam Speaker, I am pleased to rise in support of H.R. 1865--in
particular, Division E, Fiscal Year 2020 Legislative Branch
Appropriations. My thanks to full Committee Chairwoman Lowey, her
ranking Member Kay Granger, and my minority counterpart Rep. Herrera
Beutler. They have all guided and supported me in my first year taking
the helm of the Legislative Branch appropriations subcommittee. I'd
also like to give a nod to our staff on both sides for their hard
work--Faye Cobb, Sue Quantius, and Jenny Holmes.
I'm pleased that we have the resources to start on the path to
strengthening Congressional operations. Funding in the bill totals
$5.049 billion--$213 million or 4.4 percent above fiscal year 2019. The
bill gives Members and Committees the funding needed to improve their
constituent services and legislative oversight responsibilities.
With this bill, we have been able to increase the Members
Representational Allowance, support Committee budgets, and restore
funding shortfalls in the account that pays House health and retirement
benefits. Intern allowances will increase from $20,000 to $25,000 per
Member office so that a more diverse group can apply without worrying
about the financial burden of working for free. The bill continues to
fund the Wounded Warrior Program as well as the new Congressional Gold
Star Family Fellowship Program, which was established this fall.
We have provided first-year funding for both the Office of Diversity
and Inclusion and the Office of Whistleblower Ombudsman so that
Congress has the tools to encourage greater staff diversity and to
effectively handle whistleblower complaints. The bill also includes
sufficient funding to extend the Select Committee on the Modernization
of Congress. We look forward to the implementation of their
recommendations.
The bill increases funding for our important support and oversight
agencies--CBO, GAO, GPO and the Capitol Police.
Members will be pleased to learn that our bill provides another $10
million for the Library of Congress Visitors Experience project for a
total of $20 million provided to date. Once developed, the project will
result in better displays of many of the treasures in the Library's
[[Page H10593]]
collection, clearer communication of the Library's mission, and more
activities targeted to children and youth.
Finally, I'm pleased that the bill includes a provision that permits
an increase in the pay levels of senior congressional staff. We will be
able to slightly increase the salaries of our most experienced, senior
staff. A higher rate will make the House more competitive to recruit
highly skilled employees.
Our bill begins the journey to making Congress more effective. I hope
you will join me in voting for HR. 1865.
Before concluding, I would like to acknowledge with regret the
retirement of David Reich, the staff director of the Appropriations
Legislative Branch subcommittee.
David has a storied history in the budget and appropriations world,
having served here for decades and for two masters of that trade--Rep.
Martin Sabo and Rep. David Obey. He headed the staff of multiple
appropriations subcommittees--Labor, HHS; Financial Services; and Leg
Branch. He also kept a steady hand on the rudder in the full committee
as committee counsel. In what could be partisan posts, David has won
praise and admiration from both sides of the aisle.
Besides being skilled in parliamentary and committee procedure,
generous, patient, and self-effacing to a fault, David was always known
for having the quick yet correct answer to any complex or arcane budget
question thrown his way. David retired from Appropriations once, but
was persuaded to return to be Chairwoman Lowey's staff for the Joint
Select Committee on Budget and Appropriations Process Reform. Following
that endeavor, he agreed to stay on for a time to be sure that my
subcommittee got off to a steady start.
We knew we were on borrowed time with him and that he was anxious to
get back to his outside pursuits. David left in August and we are truly
sorry to have lost him. Our best regards to him and his family as he
continues his post-congressional life.
Ms. GRANGER. Madam Speaker, I yield 4 minutes to the gentleman from
Ohio (Mr. Joyce).
Mr. JOYCE of Ohio. Madam Speaker, I thank the ranking member for the
time and opportunity to speak today as the ranking member on the
Interior, Environment, and Related Agencies Subcommittee.
I also want to thank the chair of the subcommittee, my friend and
fellow Great Lakes advocate, Congresswoman Betty McCollum. We have
worked tirelessly over the past month to negotiate a reasonable
compromise in order to be able to deliver the product before you today
and avoid a government shutdown.
While it is not the bill I would have written and there are things in
here that I might not necessarily agree with, I do believe that there
is more in this bill that unites us than divides us.
The bill increases America's investment in our own abundant energy
and mineral resources. It fully funds the Payments in Lieu of Taxes
program which is so critical to counties with Federal lands. It also
invests $1.8 billion for maintenance and construction of our Nation's
parks and our other public lands.
This agreement also provides for a 29 percent increase to fight
devastating wildfires that threaten our communities.
This agreement provides an additional $392 million for healthcare,
law enforcement, and related programs to honor our country's sacred
trust and treaty obligations to the American Indians and Alaska
Natives.
I am deeply proud of our nonpartisan efforts in support of these
important programs. But just as important as the targeted funding
increases are the longstanding policy provisions we have fought to hold
on to and the new poison pills that we have successfully fought to
eliminate.
For example, we have succeeded in continuing two provisions blocking
the Green New Deal regulation of greenhouse gas emissions from
livestock. We have successfully blocked an attempt to limit
reorganization of the Department of the Interior and relocation of the
BLM and EPA offices.
Finally, as a lifelong Ohioan, I want to highlight the work we did to
protect the Great Lakes, one of the greatest natural resources and
economic powerhouses in the United States. They hold 95 percent of the
United States' fresh surface water. The lakes also support over 1.5
million jobs and provide $62 billion in wages, annually.
Protecting the Great Lakes is not a red issue or a blue issue. Many
Members of Congress from both sides of the aisle understand the
important role the lakes play in our lives and the need to protect
them.
My colleague Betty McCollum has been a great partner to work with in
my fight to protect the Great Lakes, and I am happy to report the
conference agreement includes $320 million--a $20 million increase--for
the Great Lakes Restoration Initiative, which helps us provide and
address invasive species like Asian carp, reduce phosphorus runoff that
causes harmful algal blooms, and protect and preserve the Great Lakes
for future generations.
In closing, I want to thank Chairwoman Lowey and Ranking Member
Granger for their leadership and the staffs on both sides of the aisle
for their extremely hard work to get the annual appropriations bills
over the finish line once again.
I urge all of my colleagues to vote ``yes'' on this bill.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 3 minutes to the
gentlewoman from Florida (Ms. Wasserman Schultz), the distinguished
chairwoman of the Military Construction, Veterans Affairs, and Related
Agencies Subcommittee.
Ms. WASSERMAN SCHULTZ. Madam Speaker, I thank Chairwoman Lowey for
yielding.
I rise in support of this funding package which includes Military
Construction-Veterans Affairs funding, which I am privileged to chair,
and seven other appropriations bills.
This package increases funding for our national priorities and
soundly rejects President Trump's unserious and immoral budget. This
package increases funding and makes sure that our bicameral, bipartisan
compromise that we reached on the Military Construction-Veterans
Affairs bill meets the needs of our servicemembers, supports our
military families, and provides for our veterans.
I want to underscore that the agreement does not provide any money
for backfilling the funding that President Trump took--really, stole--
from our military projects after he declared a fake national emergency
for the border wall, and it also denies advanced backfilling by the
administration for their next attempt to steal more funding.
There are zero dollars in the Military Construction-Veterans Affairs
legislation for this wasteful border wall project.
We secured a solid $1 billion in military construction, notably in
family housing improvements, energy resiliency, and child development
centers.
Further, this agreement fully funds family housing construction at
$1.3 billion and includes $140.8 million for costs associated with
mold, lead-based paint, and vermin.
I am disappointed that we could not get agreements from the
administration to limit the transfer of funds from all MILCON dollars,
but I am pleased that we were able to prevent vital disaster funding
from being transferred in the future.
The administration needs to think twice about moving money from
congressionally approved projects to fund a border wall and understand
that there is no back door around Congress' power of the purse.
I am proud that the bill includes $585 million in funding for gender-
specific care for women for the first time, as well as additional
funding for homeless assistance programs, whole health, and mental
health and suicide prevention programs.
As a member of the Energy and Water Development, and Related Agencies
Subcommittee, I am thrilled by how much this bill invests in water
infrastructure, clean energy, and economic ecosystem restoration--and
by how much this bill helps my home State of Florida.
The bill includes mine and other Floridians' request for full funding
for Everglades restoration at $200 million. Even more, it fully
authorizes the Central Everglades Planning Project, a suite of
restoration projects that aims to fix freshwater flows in south
Florida's ecosystem.
I am also proud to have helped secure six new construction starts and
funding to help major ports like Port Everglades, in my district,
expand and adapt to the modern economy.
As a breast cancer survivor, I am glad that the Labor-HHS-Education
division of the bill includes language that I sponsored to ensure that
young women have access to coverage for breast cancer screenings
beginning at age 40.
[[Page H10594]]
It also includes $5 million to fund my EARLY Act legislation for the
CDC to promote breast cancer awareness for young and at-risk women.
The Foreign Operations division ensures that America helps
Venezuelans who are suffering through instability and economic pain and
includes funding for democracy promotion, human rights, and civil
society programs in Venezuela.
Finally, I am pleased that the minibus also includes legislation that
I sponsored and worked on with my south Florida colleagues. The
Venezuela Emergency Relief, Democracy Assistance, and Development Act
will require greater monitoring and strategies to prevent Russian
meddling in Venezuela's affairs, a bill I sponsored; increased
humanitarian aid; and restrict the exportation of weapons used to
stifle domestic dissent in Venezuela.
I urge all Members to support this bill.
Ms. GRANGER. Madam Speaker, I yield 2 minutes to the gentleman from
New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Madam Speaker, I want to thank both leaders,
but I want to thank Kay Granger for her extraordinary support for
legislation that I authored, two bills that are included in this act. I
thank Nita Lowey as well, the distinguished chairwoman.
The first bill is known as the TICK Act. Twenty-one years ago, in
1998, I introduced the Lyme Disease Initiative Act of 1998. Every 2
years, every Congress, with well over 100 cosponsors, would have a bill
that would look to create a national strategy in combating Lyme
disease.
This legislation includes that strategy, and I am deeply grateful for
that. It also is now named after Senator Kay Hagan, who, sadly, died
from a tick-borne disease in October. But it provides a national
strategy, $150 million authorization for Lyme research, prevention, and
treatment programs, and enables additional Federal agencies to step up
and coordinate their efforts in the fight against Lyme.
As we know from the working group, there are 300,000 new cases every
year. The high-end estimate is 437,000 cases. Chronic Lyme is a very
serious problem.
The NIH recently came out with their new strategy, and I am very
grateful to the Trump administration for doing that because there is no
real detection capability that is reliable, so the diagnosis is often
faulty. There is also the very real problem that there are no
therapeutics that can deal with Lyme disease, especially if it is
missed in the beginning from a tick bite.
Madam Speaker, the second bill has to do with ending neglected
tropical diseases, another one of my bills that just passed this House
on December 3.
We know for a fact that 1.4 billion people are walking around with
horrific worms and parasites which, terribly, cause death, but also
there is a great deal of morbidity attached to it.
Thankfully, this legislation has that bill in its entirety in it, so
there is no need to worry about the Senate taking up this bill. It will
become law, and I am thankful for that.
I had a number of hearings on neglected tropical diseases in Africa
and other places, particularly where there is a warm environment.
People are walking around with parasites. They are walking around with
dengue and all of the other diseases, so I am very grateful for both of
those bills.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 1 minute to the
gentlewoman from California (Ms. Lee), a senior member of the
Appropriations Committee.
Ms. LEE of California. Madam Speaker, let me thank Chairwoman Lowey
for yielding, but also for her tremendous and tireless work, day and
night, on behalf of the American people, and also our ranking member,
Kay Granger, for her leadership.
I rise in strong support of this domestic and foreign assistance
appropriations bill. First, as a member of the Labor, Health and Human
Services, Education, and Related Agencies Subcommittee and also the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Subcommittee, I am really pleased to see such a
comprehensive bill that strongly invests in our rural and our urban
communities.
For example, there is $266 million for the new Ending HIV initiative.
This is new funding. We have an increase of $42 million to historically
Black colleges and universities and a $19 million increase to Hispanic-
serving institutions. These institutions help improve the higher
education of our students of color; also, an increase in the Healthy
Food Financing Initiative and the College Hunger Initiative, which this
bill addresses.
It also includes $65 million for the Education Innovation Research
grants for computer science for young girls and students of color and
$20 million for Special Olympics education programs, which the
President's budget initially proposed to eliminate.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. Madam Speaker, I yield the gentlewoman an additional 10
seconds.
Ms. LEE of California. Madam Speaker, I also want to thank our chair
of the State, Foreign Operations, and Related Programs Subcommittee for
the increase for our international AIDS program and for the Global
Fund.
{time} 1315
Ms. GRANGER. Madam Speaker, I yield 2 minutes the gentlewoman from
Puerto Rico (Miss Gonzalez-Colon).
Miss GONZALEZ-COLON of Puerto Rico. Madam Speaker, I thank Ranking
Member Granger for this opportunity, and I appreciate the hard work and
bipartisan work that the gentlewoman, Chairwoman Lowey, and the
leadership have put together to make this bill a reality.
I rise in strong support of the spending package for fiscal year 2020
because it includes several provisions that directly impact 3.2 million
citizens living in Puerto Rico by providing funding for the Nutritional
Assistance Program, as well as the Puerto Rico Air National Guard
projects, and the Army Corps of Engineers, among others.
I am especially pleased that the agreement provides 2-year funding
for the island's Medicaid program. The funding levels included in the
bill will give certainty to the 1.1 million beneficiaries who rely on
this program to meet their healthcare needs, as well as to put into
effect several critical sustainability measures designed to enhance the
provision of healthcare. This guarantee of funding for the next 2 years
constitutes an important step towards correcting the problems arising
from the chronic underfunding of the program.
I look forward to continuing this conversation for a long-term
solution that guarantees citizens in Puerto Rico a standard of
healthcare that we can expect from a nation as great as ours.
Mrs. LOWEY. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from California (Ms. Pelosi), who is an appropriator. She
is and has been valuable in our discussions of this bill and getting
the completion of these bills in an orderly and timely way.
Ms. PELOSI. Madam Speaker, I thank the gentlewoman for yielding in a
very gracious and generous way. More importantly, I want to thank her
for her tremendous leadership as chair of the Appropriations Committee
to bring a bill to the floor that has shared values, meeting the needs
of the American people. And I want to commend Ranking Member Kay
Granger for her leadership, as well, so that we can have strong,
bipartisan support in meeting the needs of the American people.
I congratulate Madam Chair for getting all of our bills done this
summer. The gentlewoman worked around the clock and across the aisle to
overcome any opposition and to craft a strong appropriation package
that we are bringing to the floor.
As the gentlewoman mentioned, I am an appropriator, and when I served
on committee I had always said to the administration and to others:
When left to their own devices, our appropriators can get the job done.
They have experience in working in a bipartisan way, they understand
everyone's concerns, regional needs, and the rest, and that we must by
the clock get the job done. I thank the gentlewoman for doing that and
making today possible.
Madam Speaker, this weekend I was pleased to join a bipartisan
delegation to observe the 75th anniversary of the Battle of the Bulge.
We spent time in Luxembourg and in Belgium where so much of that
conflict took place. We
[[Page H10595]]
met with the leaders of the community, the king, the queen, and the
archduke; and that was all wonderful.
But what was really important, and the purpose of our visit was to
meet with our own veterans--now 75 years later, who are revisiting the
site--and to thank them, to hear their ongoing stories, and to hear
their purpose in fighting.
Some of them were as young as 18 years old at the Battle of the
Bulge. Do the math. They are in their nineties. One of them told me he
was 20, and one was 21. The oldest one is 98 years old now. But all of
them were full of vitality and concern about our country as we go
forward. We promised them in a tribute to their courage, their
determination, and their patriotism that we know that our
responsibility is to build a future worthy of their sacrifice and that
we also want to always be ready to meet the needs of our men and women
in uniform today as they protect and defend democracy and freedom as
our valiant veterans did 75 years ago.
Mr. Conaway was with us on that trip--a very valued leader on that
trip--and I think you will agree, Madam Speaker, that America was truly
blessed by the courage of our veterans then and now.
So I am glad that in this legislation we meet the needs of those who
are providing for our defense and the security of our country to make
us the home of the brave and the land of the free.
I do believe that our success on this legislation began when working
together we were able to come to an agreement on the caps in funding to
make sure that although we obviously all support our national security,
we want to be sure that people understood that we measure the strength
of America not just in our military might but in the health, education,
and well-being of the American people, and this part of the legislation
does just that.
We will vote on the earlier part and now on the part that deals with,
shall we say, the health and well-being of the American people. With
this agreement we are investing in the good health of the American
people. We are protecting the quality of affordable healthcare of
millions as we permanently repeal healthcare taxes and block the
President's ACA sabotage nuclear options by preventing him from ending
silver loading and auto re-enrollment.
At the same time we are investing in innovation and the future of
healthcare with robust funding for the National Institutes of Health
that our distinguished colleague, Mr. Smith of New Jersey, mentioned,
we continue our leadership to combat the opioid epidemic, and we honor
our responsibility to our fellow Americans in Puerto Rico and the other
territories.
Of course, we want more, and, of course, we need to get more at some
point. But for now we are very pleased with the fact that we have 2
years' adequate funding to go forward. Again, I look forward to
preparing further into the future.
While this legislation does not contain permanent fixes for
everything, we are proud that it lays the groundwork for further
progress to end the financial catastrophe of surprise billing, to lower
prescription drug costs, and to extend robust funding for key health
initiatives.
This appropriations package also achieves critical victories for, as
I mentioned, our national security and the economic security of the
American people. Our appropriations legislation makes America safer at
home by funding gun violence research at the CDC and the National
Institutes of Health for the first time in more than 20 years; and
funding election security grants to protect against foreign attack
which the minority, the Republicans, then the majority, refused to do
last year.
These bills make workers and families stronger by protecting the
pensions of 100,000 coal miners; reauthorizing the job-creating Export-
Import Bank; extending the National Flood Insurance Program; protecting
schools, small businesses, and other pillars of communities, as well as
commercial interests by reauthorizing the Terrorism Risk Insurance
Program and doing so in a timely fashion; extending key tax provisions
through 2020 that encourage investments in clean energy, provide relief
for families recovering from disasters, support investment in low-
income communities with the low-income housing tax credit, and protect
families facing high medical costs for the loss of home to foreclosure.
Again, this is very personal. People always talk about coming to
Washington and having a seat at the table. The most important seat at
the table for us is the seat at America's kitchen table where people
talk about their plans for the future and how they intend to meet their
financial obligations, whether it is the education of their children,
the mortgage on their house, their medical expenses, or providing for
their own pension future.
Personally and officially, I am proud that this legislation takes
strong action to advance the health and well-being of America's
children. The three most important issues, in my view, facing the
Congress are the well-being of our children, our children, our
children; strengthening Family First Prevention Services; securing
record funding levels for Head Start, Child Care and Development Block
Grants, and Title I schools; and extending funding for thousands of
schools in rural communities across 41 States because there is no
better investment that Congress can make than an investment in the
education of our children.
By the way, there is nothing that we can do that brings more
resources to the Federal Treasury than investing in education: early
childhood, K-12, higher education, and lifetime learning training for
our workers.
I also want to acknowledge the important investment that this
legislation does in IDEA, meeting the needs of our children with
additional challenges.
In this House our title and job description are one and the same:
Representative. Today we must pass this legislation so that we can meet
the needs of the people whom we are privileged to represent. I know
that this is going to be a strong, bipartisan vote, and I think that is
a very good thing for the health, the economic security, and the well-
being of the American people.
I am grateful to Ranking Member Granger, Chairwoman Lowey, and all of
the leadership of our subcommittees who made this successful day
possible for us.
Madam Speaker, I urge a strong, bipartisan vote on minibus 1 and
minibus 2, and, again, a great victory for our children, our children,
our children.
Ms. GRANGER. Madam Speaker, I yield myself the balance of my time to
close.
Madam Speaker, this is a strong conservative package that provides
the President with the funding and authority he needs. I look forward
to passing these bills through the House and Senate and getting them to
the President's desk for his signature before time runs out on Friday.
Madam Speaker, before I close, I want to give a special thanks to my
staff director, Anne Marie Chotvacs, for her tireless work and
leadership throughout the process. Her wisdom and guidance have been
invaluable to me and all the committee members.
Madam Speaker, I urge my colleagues to join me in voting in favor of
these bills, and I yield back the balance of my time.
Mrs. LOWEY. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, as we close debate on this important package, I want
to thank the many hardworking staff who made this possible. While there
are too many to name them all, many thanks to my staff at the State,
Foreign Operations, and Related Programs Subcommittee; my entire
committee staff led by Staff Director Shalanda Young, Deputy Staff
Director Chris Bigelow, and to the minority staff as well. To the
extraordinary staff in my congressional office, I want to express my
appreciation because it is teamwork that brought us to this point.
Madam Speaker, I urge support for the bill, and I yield back the
balance of my time.
Ms. JACKSON LEE. Madam Speaker, I rise in strong support of the House
Amendment to Senate Amendment to H.R. 1865, which makes the
consolidated appropriations needed to fund critical departments,
agencies, and programs of the federal government through September 30,
2020.
I thank Chairman Lowey, Ranking Member Granger, and their fellow
House conferees
[[Page H10596]]
for their work in reaching this bipartisan agreement.
Specifically, this legislation provides $540.4 billion and reflects
conference agreements for the FY 2020 Labor-Health and Human Services-
Education, Agriculture-Rural Development-Food and Drug Administration,
Energy and Water Development, Interior-Environment, Legislative Branch,
Military Construction-Veterans Affairs State-Foreign Operations, and
Transportation-Housing and Urban Development appropriations bills.
Madam Speaker, in total this appropriations package provides:
1. $35.9 billion in base defense funding;
2. $484.5 billion in base nondefense funding;
3. $0.6 billion for defense Overseas Contingency Operations;
4. $8 billion for nondefense OCO;
5. $6.2 billion for defense emergency requirements;
6. $4.6 billion for nondefense emergency requirements, program
integrity, and wildfire suppression; and
7. $0.6 billion for 21st Century Cures Act funding.
I appreciate the Appropriations Committee working with me to include
the following Jackson Lee Amendments in the legislation:
LABOR-HHS
1. Amendment reprogramming $10,000,000 to support greater diversity
in the pool of diabetes research professionals and patients
participating in clinical trials.
2. Amendment reprogramming $10,000,000 to support programs providing
outreach and support services targeting college students at greatest
risk of not completing a college degree.
STATE AND FOREIGN OPERATIONS
3. Amendment reprogramming $1,000,000 to combat the practice of
Female Genital Mutilation.
4. Amendment reprogramming $1,000,000 to combat the poaching and
trafficking of endangered species.
AGRICULTURE
5. Amendment increasing funding by $2,000,000 for the USDA agency
that provides grant research funding for ``1890s Land Grant
Universities,'' which are 19 Historically Black Colleges and
Universities.
T-HUD
6. Amendment reprograms $10,000,000 to support urban bicycle and
pedestrian safety programs financed through the National Infrastructure
Investments account.
7. Amendment reprograms Office of Inspector General account to
provide $2 million to investigate the Department's delay in releasing
over $5 billion in Hurricane Harvey Disaster Community Block Grant
funds.
Madam Speaker, left to our own devices, House Democrats clearly could
and would have made many different and better funding decisions, but
this agreement is the best deal attainable in the circumstances, and
importantly, it responsibly funds the government for the remainder of
the fiscal year.
Coming from a border state, I am very pleased that this legislation
does not provide the President the billions of dollars he demanded for
a wasteful, ineffective, and immoral concrete wall.
Madam Speaker, the bipartisan agreement before us rejects the Trump
Administration's attacks on the environment by blocking the
Administration's deep cuts to initiatives to protect clean water, clean
air and public lands and it invests more than $9 billion in the EPA and
Land and Water Conservation Fund.
The agreement reinforces and strengthen America's global leadership
by rejecting the Trump Administration's radical cuts and securing $9.1
billion in security assistance for allies, including $3.03 billion for
Israel, $5.9 billion for PEPFAR and $1.7 billion for the Food for Peace
program.
Madam Speaker, I would like to draw particular attention to
provisions in the consolidated appropriations conference report that
are of special interest to my congressional district.
DEPARTMENT OF LABOR (DOL)
The bill provides a total of $12.4 billion in discretionary
appropriations for DOL--$1.2 billion above the 2019 enacted level and
$2.4 billion above the President's budget request, including $9.3
billion for the Employment Training Administration, $709 million above
the 2019 enacted level and $2 billion above the President's budget
request.
$2.8 billion for Workforce Innovation and Opportunity Act Grants,
$178 million above the fiscal year 2019 enacted level and President's
budget request.
$98 million for the Reintegration of Ex-Offenders, an increase of $7
million above the fiscal year 2019 enacted level and $22 million above
the President's budget request.
$175 million for Registered Apprenticeships, an increase of $90
million above the fiscal year 2019 enacted level and the President's
budget request.
$95 million for YouthBuild, an increase of $5 million above the
fiscal year 2019 enacted level and $10 million above the President's
budget request.
$40 million for a new investment in community colleges and eligible
four-year partners through Strengthening Community College Training
Grants (SCCTG). Funding will help meet local and regional labor market
demand for a skilled workforce by providing training to workers in in-
demand industries.
$1.7 billion for Job Corps, $150 million above the 2019 enacted level
and $853 million above the President's budget request.
$405 million for the Senior Community Service Employment for Older
Americans Program, $64 million above the 2019 enacted level. The
President's budget request proposed to eliminate this program.
$1.7 billion for Worker Protection Agencies, $48 million above the
fiscal year 2019 enacted level and $21 million above the President's
budget request:
1. $242 million for the Wage and Hour Division, an increase of $69
million above the 2019 enacted level and $66 million above the
President's budget request.
2. $582 million for the Occupational Safety and Health
Administration, an increase of $103 million above the 2019 enacted
level and the President's budget request.
3. $106 million for the Office of Federal Contract Compliance
Programs, an increase of $17 million above the 2019 enacted level and
$16 million above the President's budget request.
$96 million for the International Labor Affairs Bureau (ILAB), an
increase of $36 million above the 2019 enacted level and $104 million
above the President's budget request.
$14 million for the Women's Bureau, an increase of $4 million above
the 2019 enacted level and $14 million above the President's budget
request. Within this amount, the Women in Apprenticeship and
Nontraditional Occupations (WANTO) program is funded at $1.3 million.
The President's budget proposed to eliminate WANTO.
$92 million for Migrant and Seasonal Farmworkers, an increase of $10
million above the fiscal year 2019 enacted level. The President's
budget request proposed to eliminate this program.
$311 million for Veterans Employment and Training Service (VETS), an
increase of $16 million above the 2019 enacted level and $10 million
above the President's budget request, including:
1. $55 million for the Homeless Veterans Reintegration Program, an
increase of $10 million above the 2019 enacted level and the
President's budget request.
2. $29 million for the Transition Assistance Program, an increase of
$6 million above the 2019 enacted level and the same as the President's
budget request.
3. $300,000 to establish a Disabled Veteran Program to address the
high unemployment and low labor force participation rate of veterans
with service-connected and non-service-connected disabilities.
DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
The bill includes a total of $94.9 billion for HHS, an increase of
$8.9 billion above the 2019 enacted level and $21.3 billion above the
President's budget request.
NATIONAL INSTITUTES OF HEALTH (NIH)
$41.7 billion for NIH, an increase of $2 billion above the 2019
enacted level and $6.9 billion above the President's budget request to
continue to support several critical research initiatives, including:
1. $2.8 billion for Alzheimer's disease research.
2. $3.1 billion for HIV/AIDS research.
3. $500 million for the All of Us precision medicine research
initiative.
4. $500 million for the Brain Research through Application of
Innovative Neurotechnologies (BRAIN) initiative.
5. $195 million for the Cancer Moonshot research initiative.
6. $50 million for the Childhood Cancer Data Initiative.
7. $12.5 million for firearm injury and mortality prevention
research.
8. $75 million for Research Centers in Minority Institutions.
CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)
$8.0 billion for CDC--$938 million above the 2019 enacted level and
$1.7 billion above the President's budget request.
This includes $854 million in transfers from the Prevention and
Public Health Fund and $225 million in transfers from the HHS
Nonrecurring Expenses Fund for a new research support building and
campus infrastructure improvements.
For the first time in more than 20 years, the bill includes funding--
$12.5 million--to specifically support firearm injury and mortality
prevention research.
The bill includes significant investments in our nation's public
health infrastructure including:
1. $50 million for the first year of a multi-year effort to support
modernization of public
[[Page H10597]]
health data surveillance and analytics at CDC, State and local health
departments and the National Center for Health Statistics.
2. $63 million, an increase of $6 million, for food safety.
3. $56 million, an increase of $5 million, in public health workforce
initiatives.
4. $700 million, an increase of $25 million, for public health
emergency preparedness cooperative agreements.
5. $140 million to support CDC's efforts to reduce new HIV infections
by 90 percent in 10 years.
6. $10 million for the establishment of a suicide prevention program.
7. $230 million, an increase of $40 million, to address tobacco and
e-cigarettes.
8. $160 million, an increase of $20 million, for heart disease and
stroke.
9. $27 million for the Diabetes Prevention Program.
10. $15 million, an increase of $5 million, for the health impacts of
climate change.
11. $342.8 million, an increase of $10 million, for the National
Institute for Occupational Safety and Health.
12. $173.4 million, an increase of $25 million, for global disease
detection efforts.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
The bill funds SAMHSA at $5.9 billion, including increased funding
for:
1. Mental health resources for children and youth including $102
million for Project AWARE, an increase of $13 million; and $71 million
for the National Child Traumatic Stress Initiative, an increase of $7
million;
2. Suicide prevention including $16 million for the Zero Suicide
program, an increase of $5 million; and $20 million for the Suicide
Lifeline, an increase of $8 million;
3. Substance use treatment: $3.8 billion, an increase of $24 million,
including continued funding for opioid prevention and treatment, and
three new behavioral health programs to enhance treatment efforts; and
4. Substance abuse prevention: $206 million, an increase of $7
million above the 2019 enacted level.
HEALTH RESOURCES AND SERVICES ADMINISTRATION (HRSA)
$7.3 billion for HRSA, which is $485 million above the 2019 enacted
level and $1.5 billion above the President's budget request and
specifically:
1. $1.6 billion, an increase of $5o million, for the Health Centers
program.
2. $2.4 billion, an increase of $116 million, for the Ryan White HIV/
AIDS program.
3. $50 million in Health Centers and $70 million in the Ryan White
HIV/AIDS program to reduce new HIV infections by 90 percent in 10
years.
4. $1.2 billion, an increase of $148 million, for HRSA's Bureau of
Health Professions programs to support the medical workforce.
5. $944 million, an increase of $46 million, for programs to improve
maternal and child health, including an additional $5 million to reduce
maternal mortality.
6. $286 million, an increase of $114 million, for the Title X Family
Planning program.
CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS)
$4 billion for CMS administrative expenses, an increase of $315
million above the 2019 enacted level and $405 million above the
President's budget request.
This funding level includes an increase of $10 million for State
Survey and Certification activities to ensure that beneficiaries
receive care at facilities that meet health, safety, and quality
standards required by CMS.
The bill also directs CMS to use $100 million in carryover funds from
ACA user fees to support the ACA Navigators program, as well as
outreach, enrollment, and advertising during the ACA open enrollment
period.
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY (AHRQ)
$338 million for AHRQ, an increase of $20 million above the 2019
enacted level.
ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)
$24.4 billion in discretionary funding for ACF, which is $4.7 billion
above the 2019 enacted level and $9.6 billion above the President's
budget request.
Early childhood programs receive an increase of $4 billion:
1. $5.8 billion for the Child Care and Development Block Grant, an
increase of $2.4 billion;
2. $10.6 billion for Head Start, an increase of $1.5 billion;
3. $275 million for Preschool Development Grants, an increase of $100
million;
4. $3.7 billion for the Low-Income Home Energy Assistance Program
(LIHEAP), an increase of $150 million;
5. $740 million for the Community Services Block Grant, an increase
of $35 million.
ADMINISTRATION FOR COMMUNITY LIVING (ACL)
$2.3 billion for ACL, which is $180 million above the 2019 enacted
level and $317 million above the President's budget request, including:
1. $937 million for Senior Nutrition programs, an increase of $93
million above the 2019 enacted level.
2. $196 million for Family Caregivers Services, an increase of $26
million above the 2019 enacted level.
OFFICE OF THE SECRETARY--GENERAL DEPARTMENTAL MANAGEMENT
$544 million, an increase of $5 million above the 2019 enacted level
and $141 million above the President's budget request, including:
1. $108 million for the Teen Pregnancy Prevention program, an
increase of $9 million above the fiscal year 2019 enacted level.
2. $59 million for the Office of Minority Health, an increase of $8
million above the fiscal year 2019 enacted level.
3. $54 million for the Minority HIV/AIDS Initiative, an increase of
$6 million above the fiscal year 2019 enacted level.
4. $34 million for the Office on Women's Health, an increase of $4
million above the 2019 enacted level.
5. $5 million for Kidney X, a new public-private partnership to
accelerate the development and adoption of novel therapies and
technologies to improve the diagnosis and treatment of kidney diseases.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND (PHSSEF)
$2.7 billion for PHSSEF, an increase of $377 million above the 2019
level and $342 million above the President's budget request, including:
1. $562 million, an increase of $5 million, for the Biomedical
Advanced Research and Development Authority (BARDA).
2. $735 million for Project BioShield, the same as the 2019 enacted
level and the President's budget request.
3. $705 million, an increase of $310 million, for the Strategic
National Stockpile.
4. $300 million, an increase of $35 million, for Hospital
Preparedness Program formula grants.
5. $11 million for the National Ebola Training and Education Center
(NETEC) and 10 existing regional Ebola and other special pathogen
treatment centers. This effort was previously supported with Ebola
supplemental funds.
6. $6 million for Regional Disaster Health Response System
Demonstration Pilot. This effort was previously supported with Ebola
supplemental funds.
DEPARTMENT OF EDUCATION (ED)
The bill provides a total of $72.8 billion in discretionary
appropriations for the Department of Education to fund the following
programs.
K-12 EDUCATION
Overall, the bill provides $40.1 billion for K-12 education programs,
including the Individuals with Disabilities Act, an increase of $1.2
billion above the 2019 enacted level and $5.9 billion above the
President's budget request.
Of this amount, the bill includes:
1. $16.3 billion for Title I Grants to Local Educational Agencies, an
increase of $1 billion above the 2019 enacted level and the President's
budget request.
2. $13.9 billion for Special Education, an increase of $1.05 billion
above the 2019 enacted level and $1.07 billion above the President's
budget request. Within this amount, the bill provides: $12.8 billion
for Part B Grants to States, an increase of $1 billion above the 2019
enacted level and President's budget request, and $20.1 million for
Special Olympics education programs, an increase of $3.5 million above
the 2019 enacted level. The President's budget initially proposed to
eliminate this program and subsequently requested funding for it
through a Budget amendment.
3. $2.1 billion for Supporting Effective Instruction State Grants
(Title II-A), an increase of $500 million over the 2019 enacted level.
The President's budget proposed to eliminate this program.
4. $787 million for English Language Acquisition, an increase of $76
million above the 2019 enacted level and the President's budget
request.
5. $1.2 billion for Student Support and Academic Enrichment State
Grants, an increase of $150 million above the 2019 enacted level. The
President's budget proposed to eliminate this program.
6. $1.2 billion for 21st Century Community Learning Centers, an
increase of $100 million above the 2019 enacted level. The President's
budget proposed to eliminate this program.
7. $123 million for a Social-Emotional Learning (SEL) Initiative to
support SEL and ``whole child'' approaches to education.
Within this amount, the bill provides:
1. $65 million within the Education Innovation and Research program
for grants for evidence-based, field-initiated innovations that address
student social, emotional, and cognitive needs;
2. $23 million within the Supporting Effective Educator Development
(SEED) grant program for teacher professional development and pathways
into teaching that provide a strong foundation in child development and
learning, including skills for implementing SEL strategies;
[[Page H10598]]
3. $10 million within the School Safety National Activities program
to make schools safer through a new competition that will help local
educational agencies (LEAs) directly increase the number of mental
health and child development experts in schools; and
4. $25 million for Full-Service Community Schools to provide
comprehensive services and expand evidence-based models that meet the
holistic needs of children, families, and communities.
STUDENT FINANCIAL ASSISTANCE
$24.5 billion for Federal student aid programs, $75 million above the
2019 enacted level and $1.5 billion above the President's budget
request. Within this amount, the bill provides: $6,345 for the maximum
Pell Grant, an increase of $150 over the 2019 enacted level and the
President's budget request.
$865 million for the Federal Supplemental Educational Opportunity
Grant program, an increase of $25 million above the 2019 enacted level.
The President's budget request proposed to eliminate this program.
$1.2 billion for Federal Work Study, an increase of $50 million above
the 2019 enacted level and $680 million above the President's budget
request.
HIGHER EDUCATION
$2.5 billion for higher education programs, an increase of $163
million above the 2019 enacted level and $941 million above the
President's budget request. Within this amount, the bill provides $760
million, an increase of $93 million over the 2019 enacted level and
$220 million over the President's budget request, to assist primarily
Minority Serving Institutions (MSIs) in the Aid for Institutional
Development account, including:
1. $325 million for Historically Black Colleges and Universities, an
increase of $93 million above the 2019 enacted level and the
President's budget request.
2. $143 million for Hispanic Serving Institutions, an increase of $26
million above the 2019 enacted level. The President's budget proposes
to consolidate this and other MSI programs into a single MSI grant
program, which the bill rejects.
3. $37 million for Tribally Controlled Colleges and Universities, an
increase of $19 million above the 2019 enacted level and $23 million
over the President's budget request.
4. $1.1 billion for Federal TRIO programs, an increase of $100
million above the 2019 enacted level and $210 million above the
President's budget request.
5. $365 million for GEAR UP, an increase of $35 million above the
2019 enacted level. The President's budget proposed to consolidate the
program into the TRIO programs.
6. $50 million for Teacher Quality Partnerships, an increase of $10
million above the 2019 enacted level. The President's budget request
proposes to eliminate this program.
7. $53 million for the Child Care Access Means Parents in School, an
increase of $10 million above the 2019 enacted level and $45 million
above the President's budget request.
8. $7 million to restart the Centers of Excellence for Veterans
Student Success Program. The President's budget request did not include
funding for this program.
RELATED AGENCIES
$12.9 billion for the Social Security Administration's (SSA)
operating expenses, with an increase of $300 million above the 2019
enacted level to hire additional staff at field offices, teleservice
and processing centers and improve public services.
$342 million for the National Labor Relations Board, an increase of
$67 million above the 2019 enacted level and $100 million above the
President's budget request.
$1.1 billion for the Corporation for National and Community Service
(CNCS), an increase of $55 million above the 2019 enacted level. The
President's budget proposed to eliminate CNCS and included $104 million
for this purpose. Within the total amount, the bill includes $222
million for Senior Corps programs, an increase of $13 million over the
2019 enacted level. With this increase, the stipend will increase to
$3.00/hour for the first time.
$495 million for the Corporation for Public Broadcasting (CPB), in
2022 advance funding, an increase of $50 million above the 2019 enacted
level. In addition, the bill includes $20 million for the
interconnection system and system wide infrastructure, the same as the
2019 enacted level. The President's budget request proposes to
eliminate the CPB and includes $30 million for this purpose.
$267 million for the Institute of Museum and Library Services, an
increase of $25 million above the 2019 enacted level. The President's
budget request proposes to eliminate IMLS and includes $23 million for
this purpose.
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES
$6.0 billion in discretionary funding for Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC) WIC, which is
$100 million below the FY/2018 enacted level and $325 million above the
President's budget request.
$67.886 billion for Supplemental Nutrition Assistance Program (SNAP),
which will fully fund the program in 2019.
$23.615 billion for Child Nutrition Programs, which will fully fund
the program in 2019.
INTERNATIONAL PROGRAMS
$1.945 billion for Food for Peace and $210.255 million for the
McGovern-Dole International Food for Education and Child Nutrition
Program.
Food and Drug Administration (FDA) is funded at $3.16 billion in
discretionary funding for the FDA, an increase of $269 million.
INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
National Park Service is funded at $3.38 billion, an increase of $20
million above the FY 2018 enacted level and $521 million above the
President's budget request.
Bureau of Indian Affairs and Bureau of Indian Education is funded at
$3.2 billion, an increase of $17 million above the FY 2018 enacted
level and $667 million above the President's budget request.
Land and Water Conservation Fund is appropriated at $495 million,
which is $57 million above the FY 2019 enacted level and $462 million
above the President's budget request.
Clean Water State Revolving Fund receives $2.77 billion, which is
equal to the 2018 enacted level and $300 million above the President's
budget request.
Safe Drinking Water State Revolving Fund is funded at $1.2 billion,
which is equal to the 2018 enacted level and $300 million above the
President's budget request.
Indian Health Service is funded at $6.0 billion, an increase of $266
million above the FY 2018 enacted level and $380 million above the
President's budget request.
Smithsonian Institution is funded at $1.05 billion, equal to the FY
2018 enacted level and $86 million above the President's budget
request.
$162.5 million each for the National Endowment for the Arts and
Humanities (NEA/NEH), the President's budget proposal to eliminate the
Agencies.
U.S. DEPARTMENT OF STATE
$16.6 billion for State Department Operations, which is $114 million
above the FY 2018 enacted level and $662 million above the President's
budget request, and $6.1 billion for Embassy and Diplomatic Security,
which is the same as the FY 2018 enacted level and $716 million above
the President's budget request.
Security Assistance--$9.0 billion, including $3.3 billion for Israel,
fully meeting U.S. commitments under the new Memorandum of
Understanding.
Education and Cultural Exchanges--$730.7 million, which is $55
million above the FY 2018 enacted level and $542 million above the
President's budget request.
Contributions to International Organizations--$1.47 billion for
assessed contributions to international organizations, which is $107
million less than the FY 2018 enacted level and $265 million above the
President's budget request.
Contributions to International Peacekeeping--$1.5 billion, which is
$169 million above the FY 2018 enacted level and $355 million above the
President's budge request.
President's Emergency Plan for AIDS Relief (PEPFAR)--$5.9 billion,
which is $50 million above the FY 2018 enacted level and $945 million
above the President's budget request, including $1.35 billion for the
Global Fund to Fight AIDS, Tuberculosis, and Malaria.
U.S. Agency for International Development (USAID)--$1.66 billion in
total funding for the operating expenses of USAID, which is $25 million
above the FY 2018 enacted level and $258 million above the President's
budget request.
Global Health Programs--$3.1 billion, including $575 million for
family planning programs, $302 million to fight tuberculosis, $145
million for nutrition programs, $755 million to combat malaria, and
$290 million for GAVI, the Vaccine Alliance.
Development Assistance--$3 billion for Development Assistance.
Humanitarian Assistance and Disaster Assistance--$7.8 billion, which
is $173 million above the FY 2018 enacted level and $1.46 billion above
the President's budget request.
International Disaster Assistance (IDA)--$4.4 billion, which is $100
million above the FY 2018 enacted level and $828 million above the
President's budget request.
Refugee Assistance--$3.43 billion, which is $73 million above the FY
2018 enacted level and $632 million above the President's budget
request.
Multilateral Assistance--$1.86 billion to meet U.S. commitments to
multilateral organizations and international financial institutions,
which is equal to the FY 2018 enacted level and $440 million above the
President's budget request.
Peace Corps--$410 million, $500,000 above the FY 2018 enacted level
and $14 million above the President's budget request.
Millennium Challenge Corporation--$905 million, which is equal to the
FY 2018 enacted level and $105 million above the President's budget
request.
[[Page H10599]]
TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
Department of Transportation (DOT) $86.2 billion overall for DOT,
including $9 billion for new transportation infrastructure.
National Infrastructure Investments (TIGER or BUILD) is funded at $1
billion, an increase of $100 million above the FY 2019 enacted level.
The funding will ensure parity between urban areas and to rural areas.
Federal Aviation Administration (FAA)--$17.6 billion, which is $549
million below the FY 2018 enacted level and $1.3 billion above the
President's budget request.
Airport Improvement Program grants receive an additional $400 million
to accelerate infrastructure investments at airports.
Federal Highway Administration (FHWA)--$49.3 billion, an increase of
$1.8 billion above the FY 2018 enacted level and $3.5 billion above the
President's budget request.
Highway Infrastructure Programs are funded at $2.2 billion for
highway and bridge rehabilitation and construction as well as safety
improvements at railroad grade crossings.
National Highway Traffic Safety Administration, (NHTSA)--$989
million, an increase of $19 million above the FY 2019 enacted level and
$52 million above the President's budget request.
Federal Railroad Administration (FRA)--$2.8 billion, which is $218
million below the FY 2018 enacted level and $1.9 billion above the
President's budget request.
Amtrak is funded at $2.0 billion, $58.4 million above FY 2019 enacted
level, and $670 million is provided for rail infrastructure
improvements.
Federal Transit Administration (FTA) is funded at $12.9 billion, $503
million above the FY 2019 enacted level.
Capital Investment Grants are funded at $2.0 billion, sufficient to
fund all signed Full Funding Grant Agreements and continue work on
projects in the development pipeline.
Transit Infrastructure Grants are funded at $510 million to improve
and modernize transit infrastructure.
Maritime Administration (MARAD)--$1.0 billion, which is $419 million
above the President's budget request; within this amount, the Maritime
Security Program is funded at $300 million, funding is provided for the
construction of a new schoolship, and $293 million is provided for port
infrastructure development.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
$8 billion for new housing and public infrastructure.
Public and Indian Housing (PIH)--$32.4 billion, an increase of $6.4
billion above the President's budget request.
Tenant-Based Rental Assistance is funded at $23.9 billion, adequate
to renew all existing vouchers.
Public Housing Capital Fund is funded at $2.9 billion and the Choice
Neighborhoods Initiative is funded at $150 million--both programs will
revitalize our nation's public housing stock.
A mobility voucher demonstration program is funded at $25 million.
Community Planning and Development (CPD)--$7.7 billion, an increase
of $29 million above the FY 2018 enacted level and $5 billion above the
President's budget request.
Homeless Assistance Grants are funded at $2.8 billion.
Community Development Block Grants are funded at $3.4 billion.
The HOME program is funded at $1.35 billion.
Housing Opportunities for Persons with AIDS is funded at $410
million.
Housing Programs are funded $13.6 billion, an increase of $956.8
million above the President's budget request.
$61 million is for the renovation and construction of housing units
for the elderly and $30 million is for new housing units for persons
with disabilities.
Project-Based Rental Assistance is fully-funded at $12.6 billion.
Fair Housing and Equal Opportunity is funded at $70.3 million, $5
million above the FY 2019 enacted level and $8 million above the
President's budget request.
Office of Lead Hazard Control and Healthy Homes is slated to receive
$290 million, an increase of $49 million above the FY 2018 enacted
level and $134 million above the President's budget request.
Madam Speaker, shutting down the Government of the United States, or
any portion thereof, is not an acceptable tactic or strategy for
resolving differences regarding policy, funding levels, or governing
philosophy.
It should never happen.
And that begins with an overwhelming majority vote in support of the
House Amendment to Senate Amendment to H.R. 1865.
Mr. RICE of South Carolina. Madam Speaker, I rise today to clarify
the intent of Section 205 of this amendment and thank you for including
my 60 day disaster relief extension in the House Amendment to the
Senate Amendment to H.R. 1865--Further Consolidated Appropriations Act
of 2020, although I cannot support this bill in its final form.
The language of Sec. 205 of the House Amendment to the Senate
Amendment to H.R. 1865--Further Consolidated Appropriations Act of 2020
was originally introduced in my bill, H.R. 3287--Tax Relief and
Expedited Assistance for Disasters Act of 2019 (TREAD Act). This
provision provides disaster related tax relief to those who are victims
of a natural disaster. Specifically, this provision allows for people
to receive a 60 day extension to file their taxes if there is a
federally declared disaster. I want to clarify that this extension is
not limited to the current Internal Revenue Service (IRS) policy of
extending by a declaration for FEMA Individual Assistance or FEMA
Public Assistance, but may be triggered by any federal assistance under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as
amended, and Related Authorities as of August 2016. This would include
Technical Assistance to State and Local Governments for Effective
Warnings or any assistance outlined in Section 202 of the Stafford Act.
Additionally, this provision does not prevent the IRS from extending
this tax relief beyond 60 days.
Thank you again for including this common sense provision to assist
disaster relief victims.
Mr. CARTER of Texas. Madam Speaker, I rise to express my support for
the Military Construction, Veterans Affairs, and Related Agencies
Appropriations bill, 2020, as it is included in H.R. 1865.
The bill includes a total of $11.315 billion for military
construction projects and military family housing. This is $1.05
billion above the FY19 enacted level and includes $1.045 billion in
funding for the Services' unfunded priority projects.
At the Subcommittee's first hearing for the FY20 appropriations cycle
in February 2019, we heard from the Senior Enlisted leader in each
Service. Each of them testified about the need to ensure clean, safe
and quality housing and childcare facilities for Servicemembers and
their families. I'm pleased this bill maintains the additional $141
million included in the House-passed bill to help the Services improve
oversight of privatized military housing, as well as the additional $33
million for the Services to speed up planning and design for childcare
centers where they are most urgently needed.
The bill includes a total of $233 million for the Energy Conservation
and Infrastructure Resilience Initiative. With this funding, the bill
funds 7 projects on the Services' unfunded priority list. The bill also
includes nearly $400 million in the Base Closure account to clean up
former military installations. Some of these installations have PFOS/
PFOA contamination in their drinking water supplies. The bill provides
an additional $60 million for cleanup efforts.
I am thrilled to mention that the bill provides a total of $67
million for urgent projects at Fort Hood. This includes $32 million for
a new barracks; $18.5 million for a vehicle bridge; and $16.5 million
for the Central Energy Plant. This is good news for the home of the
Army's premier heavy armor units and good news for the surrounding
communities. We have a lot to do to reinvest in Fort Hood and its
soldiers, civilians and families. I am already looking forward to
continuing this effort next year.
For the Department of Veterans Affairs, the bill provides a total of
$92 million for Veterans programs. Recognizing the scourge of Veteran
suicides, the bill includes $9.4 billion, an increase of $20 million
above the budget request, for mental health and suicide prevention
programs. It also includes $800 million for medical and prosthetic
research, an increase of $21 million above FY19, and for the first time
carves out a specific amount of funding ($585 million) for women
Veterans' health care.
The bill provides a total of $15.3 billion to fully fund
implementation of the MISSION Act (Medical Community Care) and includes
funding to provide for Veterans now eligible for benefits and care
under the Blue Water Navy Vietnam Veterans Act. The bill provides $1.5
billion for VA to continue to develop an interoperable electronic
health record system and maintains the strong reporting and oversight
guidelines to ensure the efforts stays on track and on budget. It also
includes a new provision that limits VA's research that uses canines,
felines, and non-human primates.
The bill includes funding for four agencies that provide a unique and
important service to the Nation's Veterans. They are the American
Battle Monuments Commission, the Army's National Military Cemeteries
and Arlington National Cemetery, the Armed Forces Retirement Home, and
the Court of Appeals for Veterans Claims. While the allocation would
not permit significant funding increases for these agencies, the
Subcommittee does continue to support their unique missions. It is fair
to say the Subcommittee strongly support Arlington National Cemetery
and its Southern Expansion. We firmly believe the Cemetery must remain
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available into the 2050 timeframe to serve Veterans.
Importantly, the bill provides more than $6.22 billion in emergency
funding to repair damage from earthquakes, flooding, hurricanes, and
tornadoes that affected military installations in 2018 and 2019. China
Lake Naval Weapons Station, Camp Lejeune, and Tyndall and Offutt Air
Force Bases sustained significant damage in these storms. Without this
funding, our national security will suffer as these installations are
struggling to fully execute their missions.
In closing, I would like to thank the Subcommittee's Chairwoman for
her commitment to our bill and her willingness to work across party and
regional lines. I also extend my great appreciation to the
Subcommittee's majority staff, Matt Washington, Sarah Young, Jenny
Hollrah, Nicole Cohen, and Keihysha Cenord, as well as the
Subcommittee's minority staff, Betsy Bina and Kiya Batmanglidj, for
their expertise, generosity, and support for America's Servicemen and
women and our Nation's Veterans.
I urge my colleagues to support this bill.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 765, 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. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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