[116th Congress Public Law 93]
[From the U.S. Government Publishing Office]
[[Page 133 STAT. 2317]]
Public Law 116-93
116th Congress
An Act
Making consolidated appropriations for the fiscal year ending September
30, 2020, and for other purposes. <<NOTE: Dec. 20, 2019 - [H.R.
1158]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2020.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
Title X--Natural Disaster Relief
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2020
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020
Title I--Departmental Management, Operations, Intelligence, and
Oversight
[[Page 133 STAT. 2318]]
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
SEC. 3. <<NOTE: 1 USC 1 note.>> 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 D 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.
DIVISION <<NOTE: Department of Defense Appropriations Act, 2020.>> A--
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $42,746,972,000.
[[Page 133 STAT. 2319]]
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $31,710,431,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $14,098,666,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $31,239,149,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,922,087,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section
[[Page 133 STAT. 2320]]
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$2,115,997,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $833,604,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $2,014,190,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$8,704,320,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or
[[Page 133 STAT. 2321]]
other duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $4,060,651,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$39,597,083,000: Provided, That not to exceed $12,478,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $47,622,510,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of the Navy,
and payments may be made on his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$7,868,468,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$42,736,365,000: Provided, That not to exceed $7,699,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Air Force, and payments
may be made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$40,000,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$37,491,073,000: Provided, That not more than $6,859,000 may be used
for the Combatant Commander Initiative
[[Page 133 STAT. 2322]]
Fund authorized under section 166a of title 10, United States Code:
Provided further, That not to exceed $36,000,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of Defense, and payments may be made on
his certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this heading, not
less than $44,500,000 shall be made available for the Procurement
Technical Assistance Cooperative Agreement Program, of which not less
than $4,500,000 shall be available for centers defined in 10 U.S.C.
2411(1)(D): Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or implement
the consolidation of a budget or appropriations liaison office of the
Office of the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison office:
Provided further, That $17,732,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary of
Defense to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with and
to be available for the same time period as the appropriations to which
transferred: Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and maintenance
funds shall not apply to the funds described in the preceding proviso:
Provided further, That of the funds provided under this heading,
$643,073,000, of which $160,768,000, to remain available until September
30, 2021, shall be available to provide support and assistance to
foreign security forces or other groups or individuals to conduct,
support or facilitate counterterrorism, crisis response, or other
Department of Defense security cooperation programs: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $2,984,494,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,102,616,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
[[Page 133 STAT. 2323]]
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $289,076,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,227,318,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,461,947,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,655,292,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $14,771,000, of which not to exceed $5,000
may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Army,
$251,700,000, to remain available until transferred: Provided, That the
Secretary of the
[[Page 133 STAT. 2324]]
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Army, or
for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which transferred:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Navy,
$385,000,000, to remain available until transferred: Provided, That the
Secretary of the Navy shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Navy, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Air Force,
$485,000,000, to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Air Force, or for similar purposes, transfer the funds
made available by this appropriation to other appropriations made
available to the Department of the Air Force, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
[[Page 133 STAT. 2325]]
Environmental Restoration, Defense-Wide
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of Defense,
$19,002,000, to remain available until transferred: Provided, That the
Secretary of Defense shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of Defense, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Army,
$275,000,000, to remain available until transferred: Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at sites
formerly used by the Department of Defense, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $135,000,000, to remain available until
September 30, 2021.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $373,700,000, to remain
available until September 30, 2022.
[[Page 133 STAT. 2326]]
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $400,000,000, to remain available for obligation until September
30, 2021: Provided, That no other amounts may be otherwise credited or
transferred to the Fund, or deposited into the Fund, in fiscal year 2020
pursuant to section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,771,329,000, to remain available for obligation until
September 30, 2022.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,995,673,000, to remain available for obligation until
September 30, 2022.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other
[[Page 133 STAT. 2327]]
expenses necessary for the foregoing purposes, $4,663,597,000, to remain
available for obligation until September 30, 2022.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,578,575,000, to remain available for obligation until
September 30, 2022.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $7,581,524,000, to
remain available for obligation until September 30, 2022.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$19,605,513,000, to remain available for obligation until September 30,
2022.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and
[[Page 133 STAT. 2328]]
machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway, $4,017,470,000, to remain
available for obligation until September 30, 2022.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $843,401,000, to remain available for obligation until
September 30, 2022.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, as follows:
Ohio Replacement Submarine (AP), $1,820,927,000;
Carrier Replacement Program (CVN-80), $1,062,000,000;
Carrier Replacement Program (CVN-81), $1,214,500,000;
Virginia Class Submarine, $5,365,181,000;
Virginia Class Submarine (AP), $2,969,552,000;
CVN Refueling Overhauls, $634,626,000;
CVN Refueling Overhauls (AP), $16,900,000;
DDG-1000 Program, $155,944,000;
DDG-51 Destroyer, $5,065,295,000;
DDG-51 Destroyer (AP), $744,028,000;
FFG-Frigate, $1,281,177,000;
LPD Flight II, $524,100,000;
LHA Replacement, $650,000,000;
Expeditionary Fast Transport, $261,000,000;
TAO Fleet Oiler, $981,215,000;
TAO Fleet Oiler (AP), $73,000,000;
Towing, Salvage, and Rescue Ship, $150,282,000;
LCU 1700, $83,670,000;
Ship to Shore Connector, $65,000,000;
Service Craft, $56,289,000;
For outfitting, post delivery, conversions, and first
destination transportation, $695,992,000; and
Completion of Prior Year Shipbuilding Programs,
$104,700,000.
In all: $23,975,378,000, to remain available for obligation until
September 30, 2024: Provided, That additional obligations may
[[Page 133 STAT. 2329]]
be incurred after September 30, 2024, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further,
That <<NOTE: Vessels.>> none of the funds provided under this heading
for the construction or conversion of any naval vessel to be constructed
in shipyards in the United States shall be expended in foreign
facilities for the construction of major components of such vessel:
Provided further, That <<NOTE: Vessels.>> none of the funds provided
under this heading shall be used for the construction of any naval
vessel in foreign shipyards: Provided further, That funds appropriated
or otherwise made available by this Act for Ohio Replacement Submarine
(AP) may be available for the purposes authorized by subsections (f),
(g), (h) or (i) of section 2218a of title 10, United States Code, only
in accordance with the provisions of the applicable subsection:
Provided further, That an appropriation made under the heading
``Shipbuilding and Conversion, Navy'' provided for the purpose of
``Program increase--advance procurement for fiscal year 2020 LPD Flight
II and/or multiyear procurement economic order quantity'' shall be
considered to be for the purpose of ``Program increase--advance
procurement of LPD-31''.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $10,075,257,000, to remain available for obligation
until September 30, 2022: Provided, That such funds are also available
for the maintenance, repair, and modernization of Pacific Fleet ships
under a pilot program established for such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $2,898,422,000, to remain available for obligation until
September 30, 2022.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories
[[Page 133 STAT. 2330]]
therefor; specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $17,512,361,000, to remain available for
obligation until September 30, 2022.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,575,890,000, to remain
available for obligation until September 30, 2022.
Space Procurement, Air Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,353,383,000, to remain
available for obligation until September 30, 2022.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,625,661,000, to remain available for obligation until
September 30, 2022.
[[Page 133 STAT. 2331]]
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $21,410,021,000, to remain available for
obligation until September 30, 2022.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$5,332,147,000, to remain available for obligation until September 30,
2022.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $64,393,000, to remain available until
expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $12,543,435,000, to
remain available for obligation until September 30, 2021.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $20,155,115,000, to
remain available for obligation until September 30, 2021: Provided,
That funds appropriated in this paragraph
[[Page 133 STAT. 2332]]
which are available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $45,566,955,000, to
remain available for obligation until September 30, 2021.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $25,938,027,000, to remain
available for obligation until September 30, 2021.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $227,700,000, to remain available for obligation until
September 30, 2021.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,564,211,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$34,074,119,000; of which $31,321,665,000, shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2021, and of which up to
$15,262,668,000 may be available for contracts entered into under the
TRICARE program; of which $446,359,000, to remain available for
obligation until September 30, 2022, shall be for procurement; and of
which $2,306,095,000, to remain available for obligation until September
30, 2021, shall be for research, development, test and evaluation:
Provided, That, notwithstanding any
[[Page 133 STAT. 2333]]
other provision of law, of the amount made available under this heading
for research, development, test and evaluation, not less than $8,000,000
shall be available for HIV prevention educational activities undertaken
in connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations: Provided further, That of the funds provided under this
heading for research, development, test and evaluation, not less than
$1,383,500,000 shall be made available to the United States Army Medical
Research and Development Command to carry out the congressionally
directed medical research programs: Provided
further, <<NOTE: Reports.>> That the Secretary of Defense shall submit
to the Congressional defense committees quarterly reports on the current
status of the deployment of the electronic health record: Provided
further, <<NOTE: Notification. Deadline. Time period.>> That the
Secretary of Defense shall provide notice to the Congressional defense
committees not later than ten business days after delaying the proposed
timeline of such deployment if such delay is longer than one week:
Provided further, That <<NOTE: Reviews.>> the Comptroller General of the
United States shall perform quarterly performance reviews of such
deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $985,499,000, of which $107,351,000 shall be
for operation and maintenance, of which no less than $52,452,000 shall
be for the Chemical Stockpile Emergency Preparedness Program, consisting
of $22,444,000 for activities on military installations and $30,008,000,
to remain available until September 30, 2021, to assist State and local
governments; $2,218,000 shall be for procurement, to remain available
until September 30, 2022, of which not less than $2,218,000 shall be for
the Chemical Stockpile Emergency Preparedness Program to assist State
and local governments; and $875,930,000, to remain available until
September 30, 2021, shall be for research, development, test and
evaluation, of which $869,430,000 shall only be for the Assembled
Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $893,059,000, of which $522,171,000
shall be for counter-narcotics support; $124,922,000 shall be for the
drug demand reduction program; $220,595,000 shall be for the National
Guard counter-drug program; and $25,371,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred:
[[Page 133 STAT. 2334]]
Provided further, <<NOTE: Determination.>> That upon a determination
that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $363,499,000, of which $360,201,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; of which $333,000, to remain available for obligation until
September 30, 2022, shall be for procurement; and of which $2,965,000,
to remain available until September 30, 2021, shall be for research,
development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $556,000,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. <<NOTE: 10 USC 1584 note.>> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not
[[Page 133 STAT. 2335]]
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set by the
Department of State under the Foreign Service Act of 1980: Provided
further, <<NOTE: Turkey.>> That the limitations of this provision shall
not apply to foreign national employees of the Department of Defense in
the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. <<NOTE: Time period.>> No more than 20 percent of the
appropriations in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer camp
training of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. <<NOTE: Determination.>> Upon determination by the
Secretary of Defense that such action is necessary in the national
interest, he may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,000,000,000 of working capital funds
of the Department of Defense or funds made available in this Act to the
Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to which
transferred: Provided, That such authority to transfer may not be used
unless for higher priority items, based on unforeseen military
requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by the
Congress: Provided further, That <<NOTE: Notification.>> the Secretary
of Defense shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act: Provided
further, <<NOTE: Reprogramming requests.>> That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, <<NOTE: Deadline.>> That a request for multiple
reprogrammings of funds using authority provided in this section shall
be made prior to June 30, 2020: Provided further, That transfers among
military personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may be
transferred under this section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
[[Page 133 STAT. 2336]]
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act:
Provided, <<NOTE: Applicability.>> That section 8005 shall apply when
transfers of the amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. <<NOTE: Reports.>> (a) Not later than 60 days after
enactment of this Act, the Department of Defense shall submit a report
to the congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for fiscal year
2020: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> Notwithstanding section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement: Provided, That this subsection shall not apply
to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That
transfers <<NOTE: Determination. Notification.>> may be made between
such funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer: Provided
further, That except <<NOTE: Notification.>> in amounts equal to the
amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
[[Page 133 STAT. 2337]]
Sec. 8009. <<NOTE: Notification. Deadline.>> Funds appropriated by
this Act may not be used to initiate a special access program without
prior notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. <<NOTE: Contracts. Notifications. Deadlines. 10 USC
2306b note.>> None of the funds provided in this Act shall be available
to initiate: (1) a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year of the
contract or that includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional defense
committees have been notified at least 30 days in advance of the
proposed contract award: Provided, That no part of any appropriation
contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is
not funded at least to the limits of the Government's liability:
Provided further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement contracts for
any systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 30-day prior notification to the congressional
defense committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to determine
lowest cost compared to an annual procurement: Provided further, That
none of the funds provided in this Act may be used for a multiyear
contract executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the <<NOTE: Budget request.>> Secretary of Defense has
submitted to Congress a budget request for full funding of units
to be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes, for any
aircraft unit to be procured through the contract for which
procurement funds are requested in that budget request for
production beyond advance procurement activities in the fiscal
year covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Sec. 8011. <<NOTE: Humanitarian assistance. Territories.>> Within
the funds appropriated for the operation and maintenance of the Armed
Forces, funds are hereby appropriated pursuant to section 401 of title
10, United States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States
Code. <<NOTE: Reports.>> Such funds may also be obligated for
humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of chapter
20 of title 10, United States Code, and these obligations shall be
reported as required by section 401(d) of title 10, United States Code:
Provided, That funds available for operation and maintenance shall be
available for providing humanitarian and
[[Page 133 STAT. 2338]]
similar assistance by using Civic Action Teams in the Trust Territories
of the Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by Public Law
99-239: Provided further, That upon <<NOTE: Determination. Hawaii.>> a
determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during that
fiscal year shall not be subject to any constraint or limitation (known
as an end-strength) on the number of such personnel who may be employed
on the last day of such fiscal year.
(b) <<NOTE: Budget request. Effective date.>> The fiscal year 2021
budget request for the Department of Defense as well as all
justification material and other documentation supporting the fiscal
year 2021 Department of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of this
provision were effective with regard to fiscal year 2021.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
2358 note) civilian personnel at the Department of Army Science and
Technology Reinvention Laboratories may not be managed on the basis of
the Table of Distribution and Allowances, and the management of the
workforce strength shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. <<NOTE: Lobbying.>> None of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, That <<NOTE: Applicability.>> this
section applies only to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the
[[Page 133 STAT. 2339]]
National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 10 U.S.C. 2302 note), as amended, under the authority of this
provision or any other transfer authority contained in this Act.
Sec. 8016. <<NOTE: Anchor and mooring chain.>> None of the funds
in this Act may be available for the purchase by the Department of
Defense (and its departments and agencies) of welded shipboard anchor
and mooring chain 4 inches in diameter and under unless the anchor and
mooring chain are manufactured in the United States from components
which are substantially manufactured in the United States: Provided,
That <<NOTE: Definition.>> for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided
further, <<NOTE: Waiver authority. Certification.>> That when adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the Service responsible
for the procurement may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations that such
an acquisition must be made in order to acquire capability for national
security purposes.
Sec. 8017. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
Sec. 8018. <<NOTE: Alcohol and alcoholic beverages.>> None of the
funds appropriated by this Act shall be used for the support of any
nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and
wine are procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the
military installation is located in more than one State, purchases may
be made in any State in which the installation is located: Provided
further, That <<NOTE: Applicability.>> such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8019. <<NOTE: Arms and munitions. Certification.>> None of
the funds available to the Department of Defense may be used to
demilitarize or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles,
.22 caliber rifles, .30 caliber rifles, or M-1911 pistols, or to
demilitarize or destroy small arms ammunition or ammunition components
that are not otherwise prohibited from commercial sale under Federal
law, unless the small arms
[[Page 133 STAT. 2340]]
ammunition or ammunition components are certified by the Secretary of
the Army or designee as unserviceable or unsafe for further use.
Sec. 8020. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, <<NOTE: Waiver authority. Certification.>> That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the congressional defense committees that such
a relocation is required in the best interest of the Government.
Sec. 8021. <<NOTE: Contracts.>> Of the funds made available in this
Act, $25,000,000 shall be available for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined in
section 1544 of title 25, United States Code, or a small business owned
and controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any fiscal
year: Provided further, <<NOTE: Applicability.>> That notwithstanding
section 1906 of title 41, United States Code, this section shall be
applicable to any Department of Defense acquisition of supplies or
services, including any contract and any subcontract at any tier for
acquisition of commercial items produced or manufactured, in whole or in
part, by any subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and controlled by an
individual or individuals defined under section 4221(9) of title 25,
United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8023. <<NOTE: Kuwait.>> During the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section: Provided, That,
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8024. (a) Of the funds made available in this Act, not less
than $51,800,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $39,100,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $11,000,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
[[Page 133 STAT. 2341]]
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8025. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2020, not more than 6,053
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That, of the specific amount referred to previously
in this subsection, not more than 1,148 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the National
Intelligence Program and the Military Intelligence Program.
(e) <<NOTE: Reports.>> The Secretary of Defense shall, with the
submission of the department's fiscal year 2021 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
Sec. 8026. <<NOTE: Contracts.>> None of the funds appropriated or
made available in this Act shall be used to procure carbon, alloy, or
armor steel plate for use in any Government-owned facility or property
under the control of the Department of Defense which were not melted and
rolled in the United States or Canada: <<NOTE: Applicability.>>
Provided, That these procurement restrictions shall apply to any and all
Federal Supply Class 9515, American Society of Testing and Materials
(ASTM) or American Iron and Steel Institute (AISI) specifications of
carbon, alloy or armor steel plate: Provided further, <<NOTE: Waiver
authority. Certification.>> That the Secretary of the military
department responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely
[[Page 133 STAT. 2342]]
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8027. <<NOTE: Definition. 10 USC 2731 note.>> For the purposes
of this Act, the term ``congressional defense committees'' means the
Armed Services Committee of the House of Representatives, the Armed
Services Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8028. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, <<NOTE: Certification.>> That the Senior Acquisition
Executive of the military department or Defense Agency concerned, with
power of delegation, shall certify that successful bids include
comparable estimates of all direct and indirect costs for both public
and private bids: Provided further, That Office of Management and
Budget Circular A-76 shall not apply to competitions conducted under
this section.
Sec.
8029. <<NOTE: Consultation. Determination. Contracts. Rescission. 41 USC
8304 note.>> (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) <<NOTE: Memorandum.>> An agreement referred to in paragraph (1)
is any reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to which the
Secretary of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) <<NOTE: Reports.>> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2020. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) <<NOTE: Definition.>> For purposes of this section, the term
``Buy American Act'' means chapter 83 of title 41, United States Code.
Sec. 8030. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8031. <<NOTE: Native Americans. State listing. Housing.>> (a)
Notwithstanding any other provision of law, the Secretary of the Air
Force may convey at no cost to the Air Force, without consideration, to
Indian tribes located in the States of Nevada, Idaho, North Dakota,
South Dakota, Montana, Oregon, Minnesota, and Washington relocatable
military housing units
[[Page 133 STAT. 2343]]
located at Grand Forks Air Force Base, Malmstrom Air Force Base,
Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air
Force Base that are excess to the needs of the Air Force.
(b) <<NOTE: Determination.>> The Secretary of the Air Force shall
convey, at no cost to the Air Force, military housing units under
subsection (a) in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of Nevada, Idaho, North
Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. Any
such conveyance shall be subject to the condition that the housing units
shall be removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) <<NOTE: Definition.>> In this section, the term ``Indian
tribe'' means any recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108
Stat. 4792; 25 U.S.C. 5131).
Sec. 8032. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
Sec. 8033. None of the funds made available by this Act may be used
to--
(1) disestablish, or prepare to disestablish, a Senior
Reserve Officers' Training Corps program in accordance with
Department of Defense Instruction Number 1215.08, dated June 26,
2006; or
(2) close, downgrade from host to extension center, or place
on probation a Senior Reserve Officers' Training Corps program
in accordance with the information paper of the Department of
the Army titled ``Army Senior Reserve Officer's Training Corps
(SROTC) Program Review and Criteria'', dated January 27, 2014.
Sec. 8034. Amounts appropriated for ``Procurement, Defense-Wide''
in this Act may be used for the purchase of up to 24 new passenger
carrying motor vehicles at a cost of not more than $47,000 per vehicle
for use by the Defense POW/MIA Accounting Agency in carrying out the
responsibilities specified in section 1501 of title 10, United States
Code, in the United States Indo-Pacific Command, notwithstanding price
or other limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 8035. Up to $14,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the Pacific Command to execute Theater Security Cooperation activities
such as humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide assistance to any
foreign country that
[[Page 133 STAT. 2344]]
is otherwise prohibited from receiving such type of assistance under any
other provision of law.
Sec. 8036. <<NOTE: Regulations. Tobacco and tobacco products. 10
USC 2484 note.>> The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in military
resale outlets in the United States, its territories and possessions at
a price below the most competitive price in the local community:
Provided, That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail outlets shall be
within the range of prices established for military retail system stores
located in the United States.
Sec. 8037. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) <<NOTE: Budget request.>> The fiscal year 2021 budget request
for the Department of Defense as well as all justification material and
other documentation supporting the fiscal year 2021 Department of
Defense budget shall be prepared and submitted to the Congress on the
basis that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted
for in a proposed fiscal year 2021 procurement appropriation and not in
the supply management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8038. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until September
30, 2021: <<NOTE: 50 USC 3521 note.>> Provided, That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947 (50 U.S.C. 3093) shall remain available until September 30,
2021.
Sec. 8039. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8040. <<NOTE: Compliance.>> (a) None of the funds appropriated
in this Act may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the Buy
American
[[Page 133 STAT. 2345]]
Act. For <<NOTE: Definition.>> purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United States Code.
(b) <<NOTE: Determination. Labeling. Fraud. Debarment.>> If the
Secretary of Defense determines that a person has been convicted of
intentionally affixing a label bearing a ``Made in America'' inscription
to any product sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance with section
2410f of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8041. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) <<NOTE: Waiver authority. Determination. Certification.>> The
Secretary of Defense or Secretary of a military department may waive the
limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the
House of Representatives and the Senate that the granting of the waiver
will reduce the personnel requirements or the financial requirements of
the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) <<NOTE: Determination.>> an Army field operating agency
established to eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8042. <<NOTE: Contracts. Effective date.>> (a) None of the
funds appropriated by this Act shall be available to convert to
contractor performance an activity or function of the Department of
Defense that, on or after the date of the enactment of this Act, is
performed by Department of Defense civilian employees unless--
(1) <<NOTE: Plan.>> the conversion is based on the result
of a public-private competition that includes a most efficient
and cost effective organization plan developed by such activity
or function;
(2) <<NOTE: Determination.>> the Competitive Sourcing
Official determines that, over all performance periods stated in
the solicitation of offers for performance of the activity or
function, the cost of performance of the activity or function by
a contractor would be less costly
[[Page 133 STAT. 2346]]
to the Department of Defense by an amount that equals or exceeds
the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O'Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in accordance
with that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for
depot maintenance as provided in sections 2469 and 2474 of title 10,
United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(rescissions)
Sec. 8043. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that
[[Page 133 STAT. 2347]]
were designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism or as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended:
``Shipbuilding and Conversion, Navy: DDG-51 Destroyer'',
2012/2020, $44,500,000;
``Shipbuilding and Conversion, Navy: LCAC SLEP'', 2013/2022,
$2,000,000;
``Aircraft Procurement, Army'', 2018/2020, $44,000,000;
``Missile Procurement, Army'', 2018/2020, $5,182,000;
``Weapons and Tracked Combat Vehicles, Army'', 2018/2020,
$97,000,000;
``Other Procurement, Army'', 2018/2020, $5,685,000;
``Aircraft Procurement, Navy'', 2018/2020, $114,781,000;
``Other Procurement, Navy'', 2018/2020, $23,526,000;
``Procurement, Marine Corps'', 2018/2020, $9,046,000;
``Aircraft Procurement, Air Force'', 2018/2020,
$160,975,000;
``Missile Procurement, Air Force'', 2018/2020, $75,973,000;
``Other Procurement, Air Force'', 2018/2020, $26,000,000;
``Operation and Maintenance, Defense-Wide: Defense Security
Cooperation Agency'', 2019/2020, $21,314,000;
``Aircraft Procurement, Army'', 2019/2021, $58,600,000;
``Missile Procurement, Army'', 2019/2021, $67,798,000;
``Weapons and Tracked Combat Vehicles, Army'', 2019/2021,
$215,946,000;
``Other Procurement, Army'', 2019/2021, $107,483,000;
``Aircraft Procurement, Navy'', 2019/2021, $307,100,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2019/
2021, $22,000,000;
``Shipbuilding and Conversion, Navy: DDG-51 Destroyer
Advance Procurement'', 2019/2023, $51,000,000;
``Shipbuilding and Conversion, Navy: LPD-17 Advance
Procurement'', 2019/2023, $102,900,000;
``Other Procurement, Navy'', 2019/2021, $24,770,000;
``Procurement, Marine Corps'', 2019/2021, $74,756,000;
``Aircraft Procurement, Air Force'', 2019/2021,
$713,455,000;
``Missile Procurement, Air Force'', 2019/2021, $39,979,000;
``Space Procurement, Air Force'', 2019/2021, $164,300,000;
``Procurement of Ammunition, Air Force'', 2019/2021,
$236,100,000;
``Procurement, Defense-Wide'', 2019/2021, $337,000,000;
``Research, Development, Test and Evaluation, Army'', 2019/
2020, $150,276,000;
``Research, Development, Test and Evaluation, Navy'', 2019/
2020, $230,957,000;
``Research, Development, Test and Evaluation, Air Force'',
2019/2020, $263,050,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', 2019/2020, $267,000,000; and
``Defense Health Program: Research, Development, Test and
Evaluation'', 2019/2020, $26,200,000.
Sec. 8044. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard,
[[Page 133 STAT. 2348]]
Army Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or
reduction on military technicians (dual status), unless such reductions
are a direct result of a reduction in military force structure.
Sec. 8045. <<NOTE: North Korea.>> None of the funds appropriated
or otherwise made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose: Provided,
That <<NOTE: Armed Forces remains.>> this restriction shall not apply
to any activities incidental to the Defense POW/MIA Accounting Agency
mission to recover and identify the remains of United States Armed
Forces personnel from the Democratic People's Republic of Korea.
Sec. 8046. <<NOTE: Reimbursement. National Guard and Reserve.>>
Funds appropriated in this Act for operation and maintenance of the
Military Departments, Combatant Commands and Defense Agencies shall be
available for reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the National
Guard and Reserve when members of the National Guard and Reserve provide
intelligence or counterintelligence support to Combatant Commands,
Defense Agencies and Joint Intelligence Activities, including the
activities and programs included within the National Intelligence
Program and the Military Intelligence Program: Provided, That nothing
in this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
Sec. 8047. <<NOTE: Drugs and drug abuse. 10 USC 274 note.>> (a)
None of the funds available to the Department of Defense for any fiscal
year for drug interdiction or counter-drug activities may be transferred
to any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) <<NOTE: 50 USC 3506 note.>> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
Sec. 8048. <<NOTE: Ball and roller bearings.>> None of the funds
appropriated by this Act may be used for the procurement of ball and
roller bearings other than those produced by a domestic source and of
domestic origin: Provided, That <<NOTE: Waiver
authority. Certification.>> the Secretary of the military department
responsible for such procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate, that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes:
Provided further, That this restriction shall not apply to the purchase
of ``commercial items'', as defined by section 103 of title 41, United
States Code, except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8049. Of the amounts appropriated for ``Working Capital Fund,
Army'', $129,000,000 shall be available to maintain competitive rates at
the arsenals.
Sec. 8050. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated
to the Department of Defense:
Provided, <<NOTE: Determination. Grants.>> That upon the determination
of the Secretary of Defense that it shall serve the national interest,
the Secretary shall make grants in the amounts
[[Page 133 STAT. 2349]]
specified as follows: $20,000,000 to the United Service Organizations
and $24,000,000 to the Red Cross.
Sec. 8051. <<NOTE: Supercomputers. Certification.>> None of the
funds in this Act may be used to purchase any supercomputer which is not
manufactured in the United States, unless the Secretary of Defense
certifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8052. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they contribute
to the extramural budget.
Sec. 8053. <<NOTE: Contracts.>> None of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8054. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8055. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
[[Page 133 STAT. 2350]]
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account:
Provided, That the Under Secretary of Defense (Comptroller) shall
include with the budget of the President for fiscal year 2021 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) a statement describing each instance if any, during each of
the fiscal years 2015 through 2020 in which the authority in this
section was exercised.
Sec. 8056. <<NOTE: Reimbursement.>> (a) Notwithstanding any other
provision of law, the Chief of the National Guard Bureau may permit the
use of equipment of the National Guard Distance Learning Project by any
person or entity on a space-available, reimbursable basis. The Chief of
the National Guard Bureau shall establish the amount of reimbursement
for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
(including transfer of funds)
Sec. 8057. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $35,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes and
for the same time period as the appropriations to which the funds are
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8058. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, <<NOTE: Reports.>>
That the Secretary of Defense shall, at the time of the submittal to
Congress of the budget of the President for fiscal year 2021 pursuant to
section 1105 of title 31, United States Code, submit to the
congressional defense committees a report detailing the use of funds
requested in research, development, test and evaluation accounts for
end-items used in development, prototyping and test activities preceding
and leading to acceptance for operational use: Provided further,
That <<NOTE: Lists.>> the report shall set forth, for each end-item
covered by the preceding proviso, a detailed list of the statutory
authorities under which amounts in the accounts described in that
proviso were used for such item: Provided further, That this
restriction does not apply to programs funded within the National
Intelligence Program: Provided further, <<NOTE: Waiver
authority. Certification.>> That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing
[[Page 133 STAT. 2351]]
to the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8059. <<NOTE: Waiver authority. Determination.>> (a) The
Secretary of Defense may, on a case-by-case basis, waive with respect to
a foreign country each limitation on the procurement of defense items
from foreign sources provided in law if the Secretary determines that
the application of the limitation with respect to that country would
invalidate cooperative programs entered into between the Department of
Defense and the foreign country, or would invalidate reciprocal trade
agreements for the procurement of defense items entered into under
section 2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced in the
United States for that country.
(b) <<NOTE: Applicability. Contracts.>> Subsection (a) applies with
respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8061. <<NOTE: Time period. Reports. Strategies. Cost
estimates.>> Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development, Test
and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees.
Sec. 8062. <<NOTE: Classified information. Reports.>> The
Secretary of Defense shall continue to provide a classified quarterly
report to the House and Senate Appropriations Committees, Subcommittees
on Defense on certain matters as directed in the classified annex
accompanying this Act.
Sec. 8063. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8064. <<NOTE: Arms and munitions.>> None of the funds
provided in this Act may be used to transfer to any nongovernmental
entity ammunition held
[[Page 133 STAT. 2352]]
by the Department of Defense that has a center-fire cartridge and a
United States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the satisfaction
of the Department of Defense that armor piercing projectiles are either:
(1) rendered incapable of reuse by the demilitarization process; or (2)
used to manufacture ammunition pursuant to a contract with the
Department of Defense or the manufacture of ammunition for export
pursuant to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8065. <<NOTE: Waiver authority. Time period.>>
Notwithstanding any other provision of law, the Chief of the National
Guard Bureau, or his designee, may waive payment of all or part of the
consideration that otherwise would be required under section 2667 of
title 10, United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in section 508(d) of title 32, United States Code, or any
other youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
(including transfer of funds)
Sec. 8066. <<NOTE: Contracts. Determinations.>> Of the amounts
appropriated in this Act under the heading ``Operation and Maintenance,
Army'', $138,103,000 shall remain available until expended: Provided,
That, notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other activities of the
Federal Government: Provided further, That the Secretary of Defense is
authorized to enter into and carry out contracts for the acquisition of
real property, construction, personal services, and operations related
to projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of this section
may provide for such indemnification as the Secretary determines to be
necessary: Provided further, That projects authorized by this section
shall comply with applicable Federal, State, and local law to the
maximum extent consistent with the national security, as determined by
the Secretary of Defense.
Sec. 8067. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided
[[Page 133 STAT. 2353]]
such change is otherwise in accordance with paragraphs (a)(1)-(3).
(c) <<NOTE: Study. Proposals.>> The Director of National
Intelligence and the Secretary of Defense may jointly, only for the
purposes of achieving auditable financial statements and improving
fiscal reporting, study and develop detailed proposals for alternative
financial management processes. Such <<NOTE: Assessment.>> study shall
include a comprehensive counterintelligence risk assessment to ensure
that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) <<NOTE: Certification.>> receive certification from all
affected agencies attesting that the proposed alternatives will
help achieve auditability, improve fiscal reporting, and will
not adversely affect counterintelligence; and
(3) <<NOTE: Deadline.>> not later than 30 days after
receiving all necessary certifications under paragraph (2),
present the proposed alternatives and certifications to the
congressional defense and intelligence committees.
Sec. 8068. In addition to amounts provided elsewhere in this Act,
$10,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding <<NOTE: Determination. Grants. Fisher House Foundation,
Inc.>> any other provision of law, that upon the determination of the
Secretary of Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family members when
confronted with the illness or hospitalization of an eligible military
beneficiary.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer 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).
Sec. 8070. <<NOTE: Modification.>> None of the funds available to
the Department of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned to the
Pacific fleet: Provided, That the command and control relationships
which existed on October 1, 2004, shall remain in force until a written
modification has been proposed to the House and Senate Appropriations
Committees: Provided further, <<NOTE: Deadline. Notification.>> That
the proposed modification may be implemented 30 days after the
notification unless an objection is received from either the House or
Senate Appropriations Committees: Provided further, That any proposed
modification shall not preclude the ability of the commander of United
States Indo-Pacific Command to meet operational requirements.
Sec. 8071. <<NOTE: Notification. 10 USC 2302 note.>> Any notice
that is required to be submitted to the Committees on Appropriations of
the Senate and the House of Representatives under section 806(c)(4) of
the Bob Stump
[[Page 133 STAT. 2354]]
National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note) after the date of the enactment of this Act shall be submitted
pursuant to that requirement concurrently to the Subcommittees on
Defense of the Committees on Appropriations of the Senate and the House
of Representatives.
(including transfer of funds)
Sec. 8072. <<NOTE: Israel.>> Of the amounts appropriated in this
Act under the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'', $500,000,000 shall be
for the Israeli Cooperative Programs: Provided, That of this amount,
$95,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense system
to counter short-range rocket threats, subject to the U.S.-Israel Iron
Dome Procurement Agreement, as amended; $191,000,000 shall be for the
Short Range Ballistic Missile Defense (SRBMD) program, including cruise
missile defense research and development under the SRBMD program, of
which $50,000,000 shall be for co-production activities of SRBMD systems
in the United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures, subject
to the U.S.-Israeli co-production agreement for SRBMD, as amended;
$55,000,000 shall be for an upper-tier component to the Israeli Missile
Defense Architecture, of which $55,000,000 shall be for co-production
activities of Arrow 3 Upper Tier systems in the United States and in
Israel to meet Israel's defense requirements consistent with each
nation's laws, regulations, and procedures, subject to the U.S.-Israeli
co-production agreement for Arrow 3 Upper Tier, as amended; and
$159,000,000 shall be for the Arrow System Improvement Program including
development of a long range, ground and airborne, detection suite:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $104,700,000 shall be
available until September 30, 2020, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of
the Navy shall transfer funds to the following appropriations in the
amounts specified: Provided further, That the amounts transferred shall
be merged with and be available for the same purposes as the
appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2020: Littoral Combat Ship $14,000,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2020: Expeditionary Sea Base $38,000,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2020: TAO Fleet Oiler $3,700,000; and
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2019/2020: Expeditionary Fast Transport $49,000,000.
Sec. 8074. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C.
[[Page 133 STAT. 2355]]
3094) during fiscal year 2020 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2020.
Sec. 8075. <<NOTE: Notification.>> None of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8076. <<NOTE: 10 USC 221 note.>> The budget of the President
for fiscal year 2021 submitted to the Congress pursuant to section 1105
of title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the Operation and Maintenance accounts, the Procurement
accounts, and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That <<NOTE: Cost
estimates.>> these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic data
including, but not limited to, troop strength for each Active and
Reserve component, and estimates of the major weapons systems deployed
in support of each contingency: Provided further, That these documents
shall include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two preceding fiscal
years.
Sec. 8077. <<NOTE: Nuclear interceptors.>> None of the funds in
this Act may be used for research, development, test, evaluation,
procurement or deployment of nuclear armed interceptors of a missile
defense system.
Sec. 8078. The Secretary of Defense may use up to $650,000,000 of
the amounts appropriated or otherwise made available in this Act to the
Department of Defense for the rapid acquisition and deployment of
supplies and associated support services pursuant to section 806 of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 2302 note), but only for the purposes
specified in clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B)
of such section and subject to the applicable limits specified in
clauses (i), (ii), and (iii) of such subsection and, in the case of
clause (iv) of such subsection, subject to a limit of $50,000,000:
Provided, <<NOTE: Notification.>> That the Secretary of Defense shall
notify the congressional defense committees promptly of all uses of such
authority.
Sec. 8079. <<NOTE: 53rd Weather Reconnaissance Squadron.>> None of
the funds appropriated or made available in this Act shall be used to
reduce or disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
Sec. 8080. <<NOTE: Foreign intellligence.>> None of the funds
provided in this Act shall be available for integration of foreign
intelligence information unless the information has been lawfully
collected and processed during the conduct of authorized foreign
intelligence activities: Provided,
[[Page 133 STAT. 2356]]
That information pertaining to United States persons shall only be
handled in accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through Executive Order
No. 12333.
Sec. 8081. <<NOTE: Tactical unmanned aerial vehicles.>> (a) None of
the funds appropriated by this Act may be used to transfer research and
development, acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational control
of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to
support the Secretary of Defense in matters relating to the employment
of unmanned aerial vehicles.
Sec. 8082. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2021.
Sec. 8083. <<NOTE: Applicability.>> For purposes of section 1553(b)
of title 31, United States Code, any subdivision of appropriations made
in this Act under the heading ``Shipbuilding and Conversion, Navy''
shall be considered to be for the same purpose as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any
prior fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8084. <<NOTE: Reports.>> (a) Not later than 60 days after the
date of enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence committees to
establish the baseline for application of reprogramming and transfer
authorities for fiscal year 2020: Provided, That the report shall
include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> None of the funds provided for the
National Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional intelligence committees, unless the
Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or
transfer is necessary as an emergency requirement.
Sec. 8085. Notwithstanding any other provision of law, any transfer
of funds, appropriated or otherwise made available by this Act, for
support to friendly foreign countries in connection with the conduct of
operations in which the United States is not participating, pursuant to
section 331(d) of title 10, United States Code, shall be made in
accordance with section 8005 or 9002 of this Act, as applicable.
Sec. 8086. Any transfer of amounts appropriated to, credited to, or
deposited in the Department of Defense Acquisition Workforce Development
Fund in or for fiscal year 2020 to a military department or Defense
Agency pursuant to section 1705(e)(1) of title 10, United States Code,
shall be covered by and subject to section 8005 or 9002 of this Act, as
applicable.
[[Page 133 STAT. 2357]]
Sec. 8087. <<NOTE: Child soldiers.>> None of the funds made
available by this Act for excess defense articles, assistance under
section 333 of title 10, United States Code, or peacekeeping operations
for the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008 (Public Law 110-
457; 22 U.S.C. 2370c-1) may be used to support any military training or
operation that includes child soldiers, as defined by the Child Soldiers
Prevention Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of 2008.
Sec. 8088. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period
may be reduced for urgent national security requirements.
(b) <<NOTE: Notification. Time period.>> None of the funds provided
for the National Intelligence Program in this or any prior
appropriations Act shall be available for obligation or expenditure
through a reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 3024(d)) that
results in a cumulative increase or decrease of the levels specified in
the classified annex accompanying the Act unless the congressional
intelligence committees are notified 30 days in advance of such
reprogramming of funds; this notification period may be reduced for
urgent national security requirements.
Sec. 8089. <<NOTE: Definition.>> For the purposes of this Act, the
term ``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
(including transfer of funds)
Sec. 8090. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this Act
for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
Sec. 8091. None of the funds appropriated by this Act may be
available for the purpose of making remittances to the Department of
Defense Acquisition Workforce Development Fund in accordance with
section 1705 of title 10, United States Code.
[[Page 133 STAT. 2358]]
Sec. 8092. <<NOTE: Public information. Web
posting. Reports. Determinations.>> (a) Any agency receiving funds made
available in this Act, shall, subject to subsections (b) and (c), post
on the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the national
interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> 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. 8093. <<NOTE: Contracts.>> (a) None of the funds appropriated
or otherwise made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the contractor
agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a), with
respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) <<NOTE: Waiver authority. Determination.>> The Secretary of
Defense may waive the application of subsection (a) or (b) to a
particular contractor or subcontractor for the purposes of a particular
contract or subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the term of
the contract or subcontract is not longer than necessary to avoid such
harm. The determination shall set forth with specificity the grounds for
the waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
[[Page 133 STAT. 2359]]
interests of the United States. <<NOTE: Public
information. Determination. Deadline.>> The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any determination
under this subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8094. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$127,000,000, shall be available for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund in accordance with the provisions of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility as
described by section 706 of Public Law 110-417: Provided
further, <<NOTE: Notification.>> That additional funds may be
transferred from funds appropriated for operation and maintenance for
the Defense Health Program to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 8095. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8096. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for the
physical security of personnel or for force protection purposes up to a
limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8097. <<NOTE: Determination.>> Upon a determination by the
Director of National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of the Office
of Management and Budget, transfer not to exceed $1,500,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, <<NOTE: Reprogramming request. Deadline.>> That a
request for multiple reprogrammings of funds using authority provided in
this section shall be made prior to June 30, 2020.
Sec. 8098. <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
[[Page 133 STAT. 2360]]
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 8099. <<NOTE: Detainee. Cuba.>> None of the funds appropriated
or otherwise made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo Bay, Cuba,
to the custody or control of the individual's country of origin, any
other foreign country, or any other foreign entity except in accordance
with section 1034 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92) and section 1035 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232).
Sec. 8100. None of the funds made available by this Act may be used
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
Sec. 8101. (a) <<NOTE: Rosoboronexport.>> None of the funds
appropriated or otherwise made available by this or any other Act may be
used by the Secretary of Defense, or any other official or officer of
the Department of Defense, to enter into a contract, memorandum of
understanding, or cooperative agreement with, or make a grant to, or
provide a loan or loan guarantee to Rosoboronexport or any subsidiary of
Rosoboronexport.
(b) <<NOTE: Waiver
authority. Consultation. Determination. Certification. Russia. Ukraine.>>
The Secretary of Defense may waive the limitation in subsection (a) if
the Secretary, in consultation with the Secretary of State and the
Director of National Intelligence, determines that it is in the vital
national security interest of the United States to do so, and certifies
in writing to the congressional defense committees that, to the best of
the Secretary's knowledge:
(1) <<NOTE: Syria.>> Rosoboronexport has ceased the
transfer of lethal military equipment to, and the maintenance of
existing lethal military equipment for, the Government of the
Syrian Arab Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) <<NOTE: Review. Reports.>> The Inspector General of the
Department of Defense shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the Secretary of
Defense pursuant to subsection (b), and not later than 90 days after the
date on which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense committees a
report containing the results of the review conducted with respect to
such waiver.
Sec. 8102. None of the funds made available in this Act may be used
for the purchase or manufacture of a flag of the United States unless
such flags are treated as covered items under section 2533a(b) of title
10, United States Code.
Sec. 8103. <<NOTE: Cuba.>> (a) None of the funds appropriated or
otherwise made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United States, its
territories,
[[Page 133 STAT. 2361]]
or possessions to house any individual described in subsection (c) for
the purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8104. <<NOTE: Regulations. Claims. 10 USC 2731 note.>> (a) Of
the funds appropriated in this Act for the Department of Defense,
amounts should be made available, under such regulations as the
Secretary of Defense may prescribe, to local military commanders
appointed by the Secretary, or by an officer or employee designated by
the Secretary, to provide at their discretion ex gratia payments in
amounts consistent with subsection (d) of this section for damage,
personal injury, or death that is incident to combat operations of the
Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided only
if--
(1) the prospective foreign civilian recipient is determined
by the local military commander to be friendly to the United
States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known as
the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Any payments provided under a program under subsection (a) shall
not be considered an admission or acknowledgement of any legal
obligation to compensate for any damage, personal injury, or death.
(d) <<NOTE: Determination. Regulations. Assessment.>> If the
Secretary of Defense determines a program under subsection (a) to be
appropriate in a particular setting, the amounts of payments, if any, to
be provided to civilians determined to have suffered harm incident to
combat operations of the Armed Forces under the program should be
determined pursuant to regulations prescribed by the Secretary and based
on an assessment, which should include such factors as cultural
appropriateness and prevailing economic conditions.
(e) Local military commanders shall receive legal advice before
making ex gratia payments under this subsection. The legal advisor,
under regulations of the Department of Defense, shall advise on whether
an ex gratia payment is proper under this section and applicable
Department of Defense regulations.
(f) <<NOTE: Records. Determination.>> A written record of any ex
gratia payment offered or denied shall be kept by the local commander
and on a timely basis submitted to the appropriate office in the
Department of Defense as determined by the Secretary of Defense.
[[Page 133 STAT. 2362]]
(g) <<NOTE: Reports.>> The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy of the
ex gratia payment program including the number of types of cases
considered, amounts offered, the response from ex gratia payment
recipients, and any recommended modifications to the program.
Sec. 8105. <<NOTE: Grants. Web posting.>> The Secretary of Defense
shall post grant awards on a public website in a searchable format.
Sec. 8106. The Secretary of each military department, in reducing
each research, development, test and evaluation and procurement account
of the military department as required under paragraph (1) of section
828(d) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2430 note), as amended by section
825(a)(3) of the National Defense Authorization Act for Fiscal Year
2018, shall allocate the percentage reduction determined under paragraph
(2) of such section 828(d) proportionally from all programs, projects,
or activities under such account: Provided, That the authority under
section 804(d)(2) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) to transfer amounts
available in the Rapid Prototyping Fund shall be subject to section 8005
or 9002 of this Act, as applicable.
Sec. 8107. None of the funds made available by this Act may be used
by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of
any electronic communication of a United States person from a
provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8108. <<NOTE: Salaries.>> None of the funds made available in
this or any other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or implements the
transfer of administrative responsibilities or budgetary resources of
any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8109. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $352,044,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of Transportation
for programs, projects, activities, and expenses related to the National
Defense Reserve Fleet.
Sec. 8110. <<NOTE: Notification. Time period.>> None of the funds
made available in this Act may be obligated for activities authorized
under section 1208 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 112-81; 125 Stat.
1621) to initiate support for, or expand support to, foreign forces,
irregular forces, groups,
[[Page 133 STAT. 2363]]
or individuals unless the congressional defense committees are notified
in accordance with the direction contained in the classified annex
accompanying this Act, not less than 15 days before initiating such
support: Provided, That none of the funds made available in this Act
may be used under section 1208 for any activity that is not in support
of an ongoing military operation being conducted by United States
Special Operations Forces to combat terrorism: Provided
further, <<NOTE: Waiver
authority. Determination. Deadline. Notification.>> That the Secretary
of Defense may waive the prohibitions in this section if the Secretary
determines that such waiver is required by extraordinary circumstances
and, by not later than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8111. <<NOTE: Iraq.>> None of the funds made available by
this Act may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities in Iraq,
into situations in Iraq where imminent involvement in hostilities is
clearly indicated by the circumstances, or into Iraqi territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of such Resolution (50 U.S.C. 1542 and 1543).
Sec. 8112. <<NOTE: Consultation. Reports. Records. Time
period. Firearms.>> The Secretary of Defense, in consultation with the
Service Secretaries, shall submit two reports to the congressional
defense committees, not later than March 1, 2020, and not later than
September 1, 2020, detailing the submission of records during the
previous 6 months to databases accessible to the National Instant
Criminal Background Check System (NICS), including the Interstate
Identification Index (III), the National Crime Information Center
(NCIC), and the NICS Index, as required by Public Law 110-180:
Provided, That such reports shall provide the number and category of
records submitted by month to each such database, by Service or
Component: Provided further, That such reports shall identify the
number and category of records submitted by month to those databases for
which the Identification for Firearm Sales (IFFS) flag or other database
flags were used to pre-validate the records and indicate that such
persons are prohibited from receiving or possessing a firearm: Provided
further, That such reports shall describe the steps taken during the
previous 6 months, by Service or Component, to ensure complete and
accurate submission and appropriate flagging of records of individuals
prohibited from gun possession or receipt pursuant to 18 U.S.C. 922(g)
or (n) including applicable records involving proceedings under the
Uniform Code of Military Justice.
Sec. 8113. <<NOTE: Contracts.>> (a) None of the funds provided in
this Act for the TAO Fleet Oiler program shall be used to award a new
contract that provides for the acquisition of the following components
unless those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion equipment
(including engines, reduction gears, and propellers); shipboard cranes;
and spreaders for shipboard cranes.
(b) None of the funds provided in this Act for the FFG(X) Frigate
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Air circuit breakers; gyrocompasses;
electronic navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed lifeboats;
auxiliary equipment pumps; shipboard cranes;
[[Page 133 STAT. 2364]]
auxiliary chill water systems; and propulsion propellers: Provided,
That the <<NOTE: Effective date. Deadline.>> Secretary of the Navy
shall incorporate United States manufactured propulsion engines and
propulsion reduction gears into the FFG(X) Frigate program beginning not
later than with the eleventh ship of the program.
Sec. 8114. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal Year
2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8115. <<NOTE: Gaming. Adult entertainment.>> None of the
funds made available by this Act may be used for Government Travel
Charge Card expenses by military or civilian personnel of the Department
of Defense for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by Department of
Defense FMR, Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
Sec. 8116. Notwithstanding any other provision of law, from funds
made available to the Department of Defense in title II of this Act
under the heading ``Operation and Maintenance, Defense-Wide'',
$15,000,000 shall be available for a project in a country designated by
the Secretary of Defense:
Provided, <<NOTE: Grants. Contracts. Reimbursement.>> That in
furtherance of the project, the Department of Defense is authorized to
acquire services, including services performed pursuant to a grant
agreement, from another Federal agency, on an advance of funds or
reimbursable basis: Provided further, That an order for services placed
under this section is deemed to be an obligation in the same manner that
a similar order placed under a contract with a private contractor is an
obligation.
Sec. 8117. <<NOTE: Turkey.>> None of the funds appropriated by
this Act may be made available to deliver F-35 air vehicles or any other
F-35 weapon system equipment to the Republic of Turkey, except in
accordance with section 1245 of the National Defense Authorization Act
for Fiscal Year 2020.
(including transfer of funds)
Sec. 8118. Of the amounts appropriated in this Act, the Secretary
of Defense may use up to $82,046,000 under the heading ``Operation and
Maintenance, Defense-Wide'', and up to $44,001,000 under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' to develop,
replace, and sustain Federal Government security and suitability
background investigation information technology systems of the Office of
Personnel Management or other Federal agency responsible for conducting
such investigations: Provided, That the Secretary may transfer
additional amounts into these headings or into ``Procurement, Defense-
Wide'' using established reprogramming procedures prescribed in the
Department of Defense Financial Management Regulation 7000.14, Volume 3,
Chapter 6, dated September 2015: Provided further, That such
[[Page 133 STAT. 2365]]
funds shall supplement, not supplant any other amounts made available to
other Federal agencies for such purposes.
Sec. 8119. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities, or for any activity necessary for the national
defense, including intelligence activities.
Sec. 8120. Notwithstanding any other provision of law, any transfer
of funds appropriated or otherwise made available by this Act to the
Global Engagement Center established by section 1287 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 22 U.S.C. 2656 note) shall be made in accordance with section 8005
or 9002 of this Act, as applicable, but only after the amount so
transferred exceeds $20,000,000, the amount appropriated in this Act for
the Global Engagement Center.
Sec. 8121. In addition to amounts provided elsewhere in this Act,
there is appropriated $315,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic Adjustment
of the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal funds to
construct, renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided
further, <<NOTE: Determination.>> That in making such funds available,
the Office of Economic Adjustment or the Secretary of Education shall
give priority consideration to those military installations with schools
having the most serious capacity or facility condition deficiencies as
determined by the Secretary of Defense: Provided further, That as a
condition of receiving funds under this section a local educational
agency or State shall provide a matching share as described in the
notice titled ``Department of Defense Program for Construction,
Renovation, Repair or Expansion of Public Schools Located on Military
Installations'' published by the Department of Defense in the Federal
Register on September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided
further, <<NOTE: Applicability.>> That these provisions apply to funds
provided under this section, and to funds previously provided by
Congress to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to address
capacity or facility condition deficiencies at such schools to the
extent such funds remain unobligated on the date of enactment of this
section.
Sec. 8122. <<NOTE: Cuba.>> 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. 8123. <<NOTE: Applicability.>> In carrying out the program
described in the memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or Severely Ill/
Injured (Category II or III) Active Duty Service Members'' issued by the
Assistant Secretary of Defense for Health Affairs on April 3, 2012, and
the
[[Page 133 STAT. 2366]]
guidance issued to implement such memorandum, the Secretary of Defense
shall apply such policy and guidance, except that--
(1) <<NOTE: Embryos.>> the limitation on periods regarding
embryo cryopreservation and storage set forth in part III(G) and
in part IV(H) of such memorandum shall not apply; and
(2) <<NOTE: Definition.>> the term ``assisted reproductive
technology'' shall include embryo cryopreservation and storage
without limitation on the duration of such cryopreservation and
storage.
Sec. 8124. <<NOTE: Azov Battalion.>> None of the funds made
available by this Act may be used to provide arms, training, or other
assistance to the Azov Battalion.
Sec. 8125. <<NOTE: Determination.>> None of the funds provided
for, or otherwise made available, in this or any other Act, may be
obligated or expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms and
munitions appropriate for customary ceremonial honors, operational
military units, or operational military platforms if the Secretary
determines that providing such units, platforms, or equipment would
undermine the readiness of such units, platforms, or equipment.
Sec. 8126. The Secretary of Defense may obligate and expend funds
made available under this Act for procurement or for research,
development, test and evaluation for the F-35 Joint Strike Fighter to
modify up to six F-35 aircraft, including up to two F-35 aircraft of
each variant, to a test configuration:
Provided, <<NOTE: Notification. Deadline.>> That the Secretary of
Defense shall, with the concurrence of the Secretary of the Air Force
and the Secretary of the Navy, notify the congressional defense
committees not fewer than 30 days prior to obligating and expending
funds under this section: Provided further, That any transfer of funds
pursuant to the authority provided in this section shall be made in
accordance with section 8005 or 9002 of this Act, as appropriate, if
applicable: Provided further, That aircraft referred to previously in
this section are not additional to aircraft referred to in section 8135
of the Department of Defense Appropriations Act, 2019.
Sec. 8127. <<NOTE: 10 USC 1475 note.>> Amounts appropriated for
``Defense Health Program'' in this Act and hereafter may be obligated to
make death gratuity payments, as authorized in subchapter II of chapter
75 of title 10, United States Code, if no appropriation for ``Military
Personnel'' is available for obligation for such payments: Provided,
That such obligations may subsequently be recorded against
appropriations available for ``Military Personnel''.
Sec. 8128. (a) <<NOTE: Corporation. Taxes.>> None of the funds made
available by this or any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to any corporation that has any
unpaid Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting such tax liability,
provided that the applicable Federal agency is aware of the unpaid
Federal tax liability.
(b) Subsection (a) shall not apply if the applicable Federal agency
has considered suspension or debarment of the corporation described in
such subsection and has made a determination that such suspension or
debarment is not necessary to protect the interests of the Federal
Government.
[[Page 133 STAT. 2367]]
Sec. 8129. None of the funds made available by this Act may be used
in contravention of--
(1) Executive Order No. 13175 (65 Fed. Reg. 67249; relating
to consultation and coordination with Indian Tribal
governments); or
(2) section 1501.2(d)(2) of title 40, Code of Federal
Regulations.
Sec. 8130. During fiscal year 2020, any advance billing for
background investigation services and related services purchased from
activities financed using Defense Working Capital Funds shall be
excluded from the calculation of cumulative advance billings under
section 2208(l)(3) of title 10, United States Code.
Sec. 8131. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force.
Sec. 8132. <<NOTE: Reports.>> The Secretary of Defense shall submit
to the Committees on Appropriations the reports required by section 596
of the National Defense Authorization Act for Fiscal Year 2020.
Sec. 8133. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $81,559,000.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,743,132,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$356,392,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$104,213,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,007,594,000: Provided, That such amount is designated by the
[[Page 133 STAT. 2368]]
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$34,812,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,370,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$3,599,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$16,428,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$202,644,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $5,624,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$20,092,038,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War
[[Page 133 STAT. 2369]]
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$8,772,379,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,109,791,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $10,359,379,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,803,193,000: Provided, That of the funds provided under this
heading, not to exceed $225,000,000, to remain available until September
30, 2021, shall be for payments to reimburse key cooperating nations for
logistical, military, and other support, including access, provided to
United States military and stability operations in Afghanistan and to
counter the Islamic State of Iraq and Syria: Provided
further, <<NOTE: Reimbursements. Consultation. Determination. Time
period. Notification.>> That such reimbursement payments may be made in
such amounts as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
written notification to the appropriate congressional committees:
Provided further, <<NOTE: Time period. Notification.>> That these funds
may be used for the purpose of providing specialized training and
procuring supplies and specialized equipment and providing such supplies
and loaning such equipment on a non-reimbursable basis to coalition
forces supporting United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and Syria, and 15
days following written notification to the appropriate congressional
committees: Provided further, That these funds may
be <<NOTE: Jordan. Deadline. Notification.>> used to support the
Government of Jordan in such amounts as the Secretary of Defense may
determine, to enhance the ability of the armed forces of Jordan to
increase or sustain security along its borders, upon 15 days prior
written notification to the congressional defense committees outlining
the amounts intended to be provided and the nature of
[[Page 133 STAT. 2370]]
the expenses incurred: Provided further, That of the funds provided
under this heading, not to exceed $1,049,178,000 to remain available
until September 30, 2021, shall be available to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
other Department of Defense security cooperation programs: Provided
further, <<NOTE: Reports.>> That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on the use of
funds provided in this paragraph: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $37,592,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $23,036,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $8,707,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $29,758,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $83,291,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $176,909,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
[[Page 133 STAT. 2371]]
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $4,199,978,000, to
remain available until September 30, 2021: Provided, That such funds
shall be available to the Secretary of Defense for the purpose of
allowing the Commander, Combined Security Transition Command--
Afghanistan, or the Secretary's designee, to provide assistance, with
the concurrence of the Secretary of State, to the security forces of
Afghanistan, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, construction,
and funding: Provided further, That the Secretary of Defense may
obligate and expend funds made available to the Department of Defense in
this title for additional costs associated with existing projects
previously funded with amounts provided under the heading ``Afghanistan
Infrastructure Fund'' in prior Acts: Provided
further, <<NOTE: Contracts.>> That such costs shall be limited to
contract changes resulting from inflation, market fluctuation, rate
adjustments, and other necessary contract actions to complete existing
projects, and associated supervision and administration costs and costs
for design during construction: Provided further, That the Secretary
may not use more than $50,000,000 under the authority provided in this
section: Provided further, <<NOTE: Notification. Reports.>> That the
Secretary shall notify in advance such contract changes and adjustments
in annual reports to the congressional defense committees: Provided
further, That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or international
organization may be credited to this Fund, to remain available until
expended, and used for such purposes: Provided
further, <<NOTE: Notification.>> That the Secretary of Defense shall
notify the congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the sources and
amounts of the <<NOTE: Deadline. Notification.>> funds received and the
specific use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, <<NOTE: Notification. Deadline.>> That the Secretary of Defense
shall notify the congressional defense committees in writing and not
fewer than 15 days prior to obligating funds for any proposed new
projects or transfer of funds between budget sub-activity groups in
excess of $20,000,000: Provided further, That the United States may
accept equipment procured using funds provided under this heading in
this or prior Acts that was transferred to the security forces of
Afghanistan and returned by such forces to the United States: Provided
further, <<NOTE: Notification.>> That equipment procured using funds
provided under this heading in this or prior Acts, and not yet
transferred to the security forces of Afghanistan or transferred to the
security forces of Afghanistan and returned by such forces to the United
States, may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees: Provided
further, That of the funds provided under this heading, not less than
$10,000,000 shall be for recruitment and retention of women in the
Afghanistan National Security
[[Page 133 STAT. 2372]]
Forces, and the recruitment and training of female security personnel:
Provided further, That funds appropriated under this heading and made
available for the salaries and benefits of personnel of the Afghanistan
Security Forces may only be used for personnel who are enrolled in the
Afghanistan Personnel and Pay System: Provided further, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Counter-ISIS <<NOTE: Iraq. Syria.>> Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $1,195,000,000, to remain available until September 30, 2021:
Provided, <<NOTE: Coordination.>> That such funds shall be available to
the Secretary of Defense in coordination with the Secretary of State, to
provide assistance, including training; equipment; logistics support,
supplies, and services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their affiliated or
associated groups: Provided further, That these funds may be used in
such amounts as the Secretary of Defense may determine to enhance the
border security of nations adjacent to conflict areas including Jordan,
Lebanon, Egypt, and Tunisia resulting from actions of the Islamic State
of Iraq and Syria: Provided further, That
amounts <<NOTE: Coordination. Notification.>> made available under this
heading shall be available to provide assistance only for activities in
a country designated by the Secretary of Defense, in coordination with
the Secretary of State, as having a security mission to counter the
Islamic State of Iraq and Syria, and following written notification to
the congressional defense committees of such designation: Provided
further, That the <<NOTE: Assessment.>> Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further,
That <<NOTE: Deadline. Notification.>> the Secretary of Defense shall,
not fewer than 15 days prior to obligating from this appropriation
account, notify the congressional defense committees in writing of the
details of any such obligation: Provided further, That the Secretary of
Defense may accept and retain contributions, including assistance in-
kind, from foreign governments, including the Government of Iraq and
other entities, to carry out assistance authorized under this heading:
Provided further, That contributions of funds for the purposes provided
herein from any foreign government or other entity may be credited to
this Fund, to remain available until expended, and used for such
purposes: Provided further, That the Secretary of Defense shall
prioritize such contributions when providing any assistance for
construction for facility fortification: Provided further, That
the <<NOTE: Waiver authority. Determination. Notification.>> Secretary
of Defense may waive a provision of law relating to the acquisition of
items and support services or sections 40 and 40A of the Arms Export
Control Act (22 U.S.C. 2780 and 2785) if the Secretary determines that
such provision of law would prohibit, restrict, delay
[[Page 133 STAT. 2373]]
or otherwise limit the provision of such assistance and a notice of and
justification for such waiver is submitted to the congressional defense
committees, the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign Affairs of
the House of Representatives: Provided further, That the United
States <<NOTE: Notification.>> may accept equipment procured using funds
provided under this heading, or under the heading, ``Iraq Train and
Equip Fund'' in prior Acts, that was transferred to security forces,
irregular forces, or groups participating, or preparing to participate
in activities to counter the Islamic State of Iraq and Syria and
returned by such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees: Provided
further, That <<NOTE: Determination. Notification.>> equipment procured
using funds provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred to
security forces, irregular forces, or groups participating, or preparing
to participate in activities to counter the Islamic State of Iraq and
Syria may be treated as stocks of the Department of Defense when
determined by the Secretary to no longer be required for transfer to
such forces or groups and upon written notification to the congressional
defense committees: Provided further, That
the <<NOTE: Reports.>> Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided under this heading, including, but not limited to, the number
of individuals trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations for each
group, and the contributions of other countries, groups, or individuals:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$531,541,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$1,423,589,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $346,306,000, to remain available
[[Page 133 STAT. 2374]]
until September 30, 2022: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$148,682,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,080,504,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$95,153,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$116,429,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $204,814,000, to remain available until September 30,
2022: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$351,250,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 133 STAT. 2375]]
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$20,589,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$851,310,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$201,671,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $934,758,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,748,801,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$438,064,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,300,000,000, to
[[Page 133 STAT. 2376]]
remain available for obligation until September 30, 2022: Provided,
That the Chiefs of <<NOTE: Deadline. Assessment.>> National Guard and
Reserve components shall, not later than 30 days after enactment of this
Act, individually submit to the congressional defense committees the
modernization priority assessment for their respective National Guard or
Reserve component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $147,304,000, to remain available until September
30, 2021: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $164,410,000, to remain available until September
30, 2021: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $128,248,000, to remain available until
September 30, 2021: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $394,260,000, to remain available until
September 30, 2021: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$20,100,000: Provided, That such amount is designated by the
[[Page 133 STAT. 2377]]
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$347,746,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $153,100,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,254,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2020.
(including transfer of funds)
Sec. 9002. <<NOTE: Determination.>> Upon the determination of the
Secretary of Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $2,000,000,000 between the
appropriations or funds made available to the Department of Defense in
this title: Provided, That the Secretary <<NOTE: Notification.>> shall
notify the Congress promptly of each transfer made pursuant to the
authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project funded
with appropriations available for operation and maintenance or the
``Afghanistan Security Forces Fund'' provided in this Act and executed
in direct support of overseas contingency operations in Afghanistan, may
be obligated at the time a construction contract
[[Page 133 STAT. 2378]]
is awarded: Provided, That, for the purpose of this section,
supervision and administration costs and costs for design during
construction include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the United States Central Command area of
responsibility: (1) passenger motor vehicles up to a limit of $75,000
per vehicle; and (2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts appropriated by
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commanders' Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent, small-
scale, humanitarian relief and reconstruction requirements within their
areas of responsibility: Provided, That each project (including any
ancillary or related elements in connection with such project) executed
under this authority shall not exceed <<NOTE: Time
period. Reports.>> $2,000,000: Provided further, That not later than 45
days after the end of each 6 months of the fiscal year, the Secretary of
Defense shall submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of funds during
that 6-month period that were made available pursuant to the authority
provided in this section or under any other provision of law for the
purposes described herein: Provided further,
That, <<NOTE: Deadline. Time periods. Data submissions.>> not later than
30 days after the end of each fiscal year quarter, the Army shall submit
to the congressional defense committees quarterly commitment,
obligation, and expenditure data for the CERP in Afghanistan: Provided
further, That, <<NOTE: Deadline. Notification.>> not less than 15 days
before making funds available pursuant to the authority provided in this
section or under any other provision of law for the purposes described
herein for a project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the congressional
defense committees a written notice containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any other
CERP funding that has been or is anticipated to be contributed
to the completion of the project.
(3) A <<NOTE: Plans.>> plan for the sustainment of the
proposed project, including the agreement with either the host
nation, a non-Department of Defense agency of the United States
Government or a third-party contributor to finance the
sustainment of the activities and maintenance of any equipment
or facilities to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces
[[Page 133 STAT. 2379]]
of the United States and coalition forces supporting military and
stability operations in Afghanistan and to counter the Islamic State of
Iraq and Syria: Provided, <<NOTE: Reports.>> That the Secretary of
Defense shall provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9007. <<NOTE: Iraq. Afghanistan.>> None of the funds
appropriated or otherwise made available by this or any other Act shall
be obligated or expended by the United States Government for a purpose
as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the <<NOTE: Certification.>> Department of Defense must
certify to the congressional defense committees that the AROC has
convened and approved a process for ensuring compliance with the
requirements in the preceding proviso and accompanying report language
for the ASFF.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination <<NOTE: Determination.>> by the Secretary of
Defense that such action is necessary to meet the operational
requirements of a Commander of a Combatant Command engaged in
contingency operations overseas, such funds may be used to purchase
items having an investment item unit cost of not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by this Act for
the Defense Security Cooperation Agency in ``Operation and Maintenance,
Defense-Wide'' may be used to provide assistance to the Government of
Jordan to support the armed forces of Jordan and to enhance security
along its borders.
[[Page 133 STAT. 2380]]
Sec. 9012. None of the funds made available by this Act under the
heading ``Counter-ISIS Train and Equip Fund'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9013. Of the amounts appropriated in this title under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $250,000,000, of which $125,000,000, to
remain available until September 30, 2020, shall be for the Ukraine
Security Assistance Initiative:
<<NOTE: Coordination. Ukraine.>> Provided, That such funds shall be
available to the Secretary of Defense, in coordination with the
Secretary of State, to provide assistance, including training;
equipment; lethal assistance; logistics support, supplies and services;
sustainment; and intelligence support to the military and national
security forces of Ukraine, and for replacement of any weapons or
articles provided to the Government of Ukraine from the inventory of the
United States: Provided further, That of the amounts made available in
this section, $50,000,000 shall be available only for lethal assistance
described in paragraphs (2) and (3) of section 1250(b) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92):
Provided further, That the Secretary
of <<NOTE: Deadline. Notification.>> Defense shall, not less than 15
days prior to obligating funds provided under this heading, notify the
congressional defense committees in writing of the details of any such
obligation: Provided further, <<NOTE: Deadline.>> That the Secretary of
Defense shall, not less than 90 days after such notification is made,
inform such committees if such funds have not been obligated and the
reasons therefor: Provided further, That the United States may accept
equipment procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of Ukraine and
returned by such forces to the United States: Provided further, That
equipment <<NOTE: Notification.>> procured using funds provided under
this heading in this or prior Acts, and not yet transferred to the
military or National Security Forces of Ukraine or returned by such
forces to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That amounts made available by this
section are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 9014. <<NOTE: Ukraine.>> Funds appropriated in this title
shall be available for replacement of funds for items provided to the
Government of Ukraine from the inventory of the United States to the
extent specifically provided for in section 9013 of this Act.
Sec. 9015. None of the funds made available by this Act under
section 9013 may be used to procure or transfer man-portable air defense
systems.
Sec. 9016. Equipment procured using funds provided in prior Acts
under the heading ``Counterterrorism Partnerships Fund'' for the program
authorized by section 1209 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291), and not yet transferred to authorized recipients may be
transferred to foreign security forces, irregular forces, groups, or
individuals, authorized to receive assistance using amounts provided
under the heading ``Counter-ISIS Train and Equip Fund'' in this
Act: <<NOTE: Deadline. Notification.>> Provided, That such equipment
may be transferred 15 days following written notification to the
congressional defense committees.
[[Page 133 STAT. 2381]]
Sec. 9017. <<NOTE: Pakistan. Coordination. Certification.>> (a) None
of the funds appropriated or otherwise made available by this Act under
the heading ``Operation and Maintenance, Defense-Wide'' for payments
under section 1233 of Public Law 110-181 for reimbursement to the
Government of Pakistan may be made available unless the Secretary of
Defense, in coordination with the Secretary of State, certifies to the
congressional defense committees that the Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture of
IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) <<NOTE: Waiver authority.>> The Secretary of Defense, in
coordination with the Secretary of State, may waive the restriction in
subsection (a) on a case-by-case basis by certifying in writing to the
congressional defense committees that it is in the national security
interest to do so: Provided, That <<NOTE: Reports.>> if the Secretary
of Defense, in coordination with the Secretary of State, exercises such
waiver authority, the Secretaries shall report to the congressional
defense committees on both the justification for the waiver and on the
requirements of this section that the Government of Pakistan was not
able to meet: Provided further, That such report may be submitted in
classified form if necessary.
(including transfer of funds)
Sec. 9018. In addition to amounts otherwise made available in this
Act, $250,000,000 is hereby appropriated to the Department of Defense
and made available for transfer only to the operation and maintenance,
military personnel, and procurement accounts, to improve near-term
intelligence, surveillance, and reconnaissance capabilities and related
processing, exploitation, and dissemination functions of the Department
of Defense: Provided, That the transfer authority provided in this
section is in addition to any other transfer authority provided
elsewhere in this Act: <<NOTE: Reports.>> Provided further, That not
later than 30 days prior to exercising the transfer authority provided
in this section, the Secretary of Defense shall submit a report to the
congressional defense committees on the proposed
[[Page 133 STAT. 2382]]
uses of these funds: Provided further, That the funds provided in this
section may not be transferred to any program, project, or activity
specifically limited or denied by this Act: Provided further, That such
funds may not be obligated for new start efforts: Provided further,
That amounts made available by this section are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further,
That <<NOTE: Termination date.>> the authority to provide funding under
this section shall terminate on September 30, 2020.
Sec. 9019. None of the funds made available by this Act may be used
with respect to Syria in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.), including for the introduction of United States
armed or military forces into hostilities in Syria, into situations in
Syria where imminent involvement in hostilities is clearly indicated by
the circumstances, or into Syrian territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of that law (50 U.S.C.
1542 and 1543).
Sec. 9020. <<NOTE: Reports.>> None of the funds in this Act may be
made available for the transfer of additional C-130 cargo aircraft to
the Afghanistan National Security Forces or the Afghanistan Air Force
until the Department of Defense provides a report to the congressional
defense committees of the Afghanistan Air Force's medium airlift
requirements. The report should identify Afghanistan's ability to
utilize and maintain existing medium lift aircraft in the inventory and
the best alternative platform, if necessary, to provide additional
support to the Afghanistan Air Force's current medium airlift capacity.
Sec. 9021. <<NOTE: Afghanistan. Certification. Deadline.>> Funds
available for the Afghanistan Security Forces Fund may be used to
provide limited training, equipment, and other assistance that would
otherwise be prohibited by 10 U.S.C. 362 to a unit of the security
forces of Afghanistan only if the Secretary certifies to the
congressional defense committees, within 30 days of a decision to
provide such assistance, that (1) a denial of such assistance would
present significant risk to U.S. or coalition forces or significantly
undermine United States national security objectives in Afghanistan; and
(2) the Secretary has sought a commitment by the Government of
Afghanistan to take all necessary corrective steps:
Provided, <<NOTE: Reports.>> That such certification shall be
accompanied by a report describing: (1) the information relating to the
gross violation of human rights; (2) the circumstances that necessitated
the provision of such assistance; (3) the Afghan security force unit
involved; (4) the assistance provided and the assistance withheld; and
(5) the corrective steps to be taken by the Government of Afghanistan:
Provided further, <<NOTE: Reports.>> That every 120 days after the
initial report an additional report shall be submitted detailing the
status of any corrective steps taken by the Government of Afghanistan:
Provided further, That if the Government <<NOTE: Deadline.>> of
Afghanistan has not initiated necessary corrective steps within one year
of the certification, the authority under this section to provide
assistance to such unit shall no longer apply: <<NOTE: Reports.>>
Provided further, That the Secretary shall submit a report to such
committees detailing the final disposition of the case by the Government
of Afghanistan.
Sec. 9022. <<NOTE: Taliban.>> None of the funds made available by
this Act may be made available for any member of the Taliban except to
support a reconciliation activity that includes the participation of
members
[[Page 133 STAT. 2383]]
of the Government of Afghanistan, does not restrict the participation of
women, and is authorized by section 1218 of the National Defense
Authorization Act for Fiscal Year 2020.
(rescissions)
Sec. 9023. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985:
``Weapons and Tracked Combat Vehicles, Army'', 2018/2020,
$30,000,000;
``Aircraft Procurement, Air Force'', 2018/2020, $32,300,000;
``Operation and Maintenance, Defense-Wide: DSCA Security
Cooperation'', 2019/2020, $55,000,000;
``Operation and Maintenance, Defense-Wide: Coalition Support
Fund'', 2019/2020, $30,000,000;
``Afghanistan Security Forces Fund'', 2019/2020,
$396,000,000;
``Counter-ISIS Train and Equip Fund'', 2019/2020,
$450,000,000;
``Missile Procurement, Army'', 2019/2021, $13,176,000;
``Weapons and Tracked Combat Vehicles, Army'', 2019/2021,
$52,477,000;
``Other Procurement, Army'', 2019/2021, $8,750,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2019/
2021, $16,574,000;
``Aircraft Procurement, Air Force'', 2019/2021, $24,713,000;
and
``Missile Procurement, Air Force'', 2019/2021, $25,752,000.
Sec. 9024. Nothing in this Act may be construed as authorizing the
use of force against Iran.
TITLE X
NATURAL DISASTER RELIEF
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$427,000,000, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and flooding and earthquakes occurring
in fiscal year 2019: Provided, 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.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $394,000,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding and
earthquakes occurring in fiscal year 2019: Provided, That such
[[Page 133 STAT. 2384]]
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.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $110,000,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding and
earthquakes occurring in fiscal year 2019: Provided, 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.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $45,700,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding and
earthquakes occurring in fiscal year 2019: Provided, 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.
PROCUREMENT
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy''
$75,015,000, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and flooding and earthquakes occurring
in fiscal year 2019: Provided, 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.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps''
$73,323,000, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and flooding and earthquakes occurring
in fiscal year 2019: Provided, 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.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force''
$204,448,000, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and flooding and earthquakes occurring
in fiscal year 2019: Provided, 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.
[[Page 133 STAT. 2385]]
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force''
$77,974,000, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and flooding and earthquakes occurring
in fiscal year 2019: Provided, 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.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'' $130,444,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding and
earthquakes occurring in fiscal year 2019: Provided, 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.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'' for
the Navy Working Capital Fund, $233,500,000, for necessary expenses
related to the consequences of Hurricanes Michael and Florence and
flooding and earthquakes occurring in fiscal year 2019: Provided, 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.
GENERAL PROVISION--THIS TITLE
Sec. 10001. 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.
This division may be cited as the ``Department of Defense
Appropriations Act, 2020''.
DIVISION B-- <<NOTE: Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2020.>> COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE <<NOTE: Department of Commerce Appropriations Act, 2020.>> I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, to carry out activities
associated with facilitating, attracting, and retaining business
investment in the United States, and for engaging in trade promotional
activities abroad, including expenses of grants and cooperative
agreements for the purpose of promoting exports of
[[Page 133 STAT. 2386]]
United States firms, without regard to sections 3702 and 3703 of title
44, United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years, and
expenses of alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use abroad; payment
of tort claims, in the manner authorized in the first paragraph of
section 2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining insurance on
official motor vehicles; and rental of tie lines, $521,250,000, of which
$70,000,000 shall remain available until September 30, 2021: Provided,
That $11,000,000 is to be derived from fees to be retained and used by
the International Trade Administration, notwithstanding section 3302 of
title 31, United States Code: Provided further, That, of amounts
provided under this heading, not less than $16,400,000 shall be for
China antidumping and countervailing duty enforcement and compliance
activities: Provided further,
That <<NOTE: Applicability. Assessments.>> the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities; and that for the
purpose of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner authorized in the
first paragraph of section 2672 of title 28, United States Code, when
such claims arise in foreign countries; not to exceed $13,500 for
official representation expenses abroad; awards of compensation to
informers under the Export Control Reform Act of 2018 (subtitle B of
title XVII of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019; Public Law 115-232; 132 Stat. 2208; 50 U.S.C. 4801 et
seq.), and as authorized by section 1(b) of the Act of June 15, 1917 (40
Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $127,652,000, to remain
available until expended: Provided, That <<NOTE: Applicability.>> the
provisions of the first sentence of section 105(f) and all of section
108(c)
[[Page 133 STAT. 2387]]
of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these activities:
Provided further, That payments and contributions collected and accepted
for materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by sections 27 and 28 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and
3723), $292,500,000, to remain available until expended, of which
$33,000,000 shall be for grants under such section 27 and $2,000,000
shall be for grants under such section 28.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $40,500,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, title II of the Trade Act of
1974, sections 27 and 28 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3722 and 3723), and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprises, including
expenses of grants, contracts, and other agreements with public or
private organizations, $42,000,000, of which not more than $15,500,000
shall be available for overhead expenses, including salaries and
expenses, rent, utilities, and information technology services.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$107,990,000, to remain available until September 30, 2021.
[[Page 133 STAT. 2388]]
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $274,000,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and programs
provided for by law, $7,284,319,000, to remain available until September
30, 2021: Provided, That, from amounts provided herein, funds may be
used for promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $3,556,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census: Provided further, That of the
amount provided under this heading, $2,500,000,000 is designated by the
Congress as being for the 2020 Census pursuant to section 251(b)(2)(G)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $40,441,000,
to remain available until September 30, 2021: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
[[Page 133 STAT. 2389]]
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,450,681,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2020, so as to result in a fiscal year 2020
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2020, should the total amount of such offsetting
collections be less than $3,450,681,000, this amount shall be reduced
accordingly: Provided further, That any amount received in excess of
$3,450,681,000 in fiscal year 2020 and deposited in the Patent and
Trademark Fee Reserve Fund shall remain available until expended:
Provided further, <<NOTE: Spending plan.>> That the Director of USPTO
shall submit a spending plan to the Committees on Appropriations of the
House of Representatives and the Senate for any amounts made available
by the preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal year 2020
for official reception and representation expenses: Provided further,
That in fiscal year 2020 from the amounts made available for ``Salaries
and Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB
Fund, as appropriate, and shall be available for the authorized purposes
of those accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series benefit
letters and the factors that OPM provides for USPTO's specific use shall
be recognized as an imputed cost on USPTO's financial statements, where
applicable: Provided further, That, notwithstanding any other provision
of law, all fees and surcharges assessed and collected by USPTO are
available for USPTO only pursuant
[[Page 133 STAT. 2390]]
to section 42(c) of title 35, United States Code, as amended by section
22 of the Leahy-Smith America Invents Act (Public Law 112-29): Provided
further, That within the amounts appropriated, $2,000,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $754,000,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided further, That
NIST may provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$162,000,000, to remain available until expended, of which $146,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $16,000,000 shall be for the National Network for Manufacturing
Innovation (also known as ``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by sections 13 through 15 of the
National Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $118,000,000, to remain available until expended:
Provided, <<NOTE: Budget estimates. 15 USC 1513b note.>> That the
Secretary of Commerce shall include in the budget justification
materials that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) an
estimate for each National Institute of Standards and Technology
construction project having a total multi-year program cost of more than
$5,000,000, and simultaneously the budget justification materials shall
include an estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
[[Page 133 STAT. 2391]]
maintenance, operation, and hire of aircraft and vessels; pilot programs
for state-led fisheries management, notwithstanding any other provision
of law; grants, contracts, or other payments to nonprofit organizations
for the purposes of conducting activities pursuant to cooperative
agreements; and relocation of facilities, $3,763,939,000, to remain
available until September 30, 2021: Provided, That fees and donations
received by the National Ocean Service for the management of national
marine sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding section 3302
of title 31, United States Code: Provided further, That in addition,
$174,774,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program; Fisheries Data
Collections, Surveys and Assessments; and Interjurisdictional Fisheries
Grants: Provided further, That not to exceed $62,070,000 shall be for
payment to the Department of Commerce Working Capital Fund: Provided
further, That of the $3,956,213,000 provided for in direct obligations
under this heading, $3,763,939,000 is appropriated from the general
fund, $174,774,000 is provided by transfer, and $17,500,000 is derived
from recoveries of prior year obligations: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated balances
of funds provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act: Provided
further, That in addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits Plan, and
for payments for the medical care of retired personnel and their
dependents under the Dependents' Medical Care Act (10 U.S.C. ch. 55),
such sums as may be necessary: Provided <<NOTE: Reports.>> further,
That the Administrator of the National Oceanic and Atmospheric
Administration submit to Congress a report on existing supercomputing
capacity and needs of the Administration and on the incremental
improvement to operational weather forecasts that would result from a
significant investment in additional compute capacity.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $1,530,890,000, to remain available until
September 30, 2022, except that funds provided for acquisition and
construction of vessels and construction of facilities shall remain
available until expended: Provided, That of the $1,543,890,000 provided
for in direct obligations under this heading, $1,530,890,000 is
appropriated from the general fund and $13,000,000 is provided from
recoveries of prior year obligations: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated balances
of funds provided under this heading in previous years, shall be subject
to the procedures
[[Page 133 STAT. 2392]]
set forth in section 505 of this Act: Provided <<NOTE: Budget
estimates. 15 USC 1513a note.>> further, That the Secretary of Commerce
shall include in budget justification materials that the Secretary
submits to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or construction
project having a total of more than $5,000,000 and simultaneously the
budget justification shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years: Provided further, That, within the amounts appropriated,
$1,302,000 shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out investigations and
audits related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September 30,
2021: Provided, <<NOTE: Guidelines.>> That, of the funds provided
herein, the Secretary of Commerce may issue grants to the States of
Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the
Federally recognized tribes of the Columbia River and Pacific Coast
(including Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or endangered,
or that are identified by a State as at-risk to be so listed, for
maintaining populations necessary for exercise of tribal treaty fishing
rights or native subsistence fishing, or for conservation of Pacific
coastal salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further, That all
funds shall be allocated based on scientific and other merit principles
and shall not be available for marketing activities: Provided further,
That funds disbursed to States shall be subject to a matching
requirement of funds or documented in-kind contributions of at least 33
percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2020, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $61,000,000: Provided,
[[Page 133 STAT. 2393]]
That no employee of the Department of Commerce may be detailed or
assigned from a bureau or office funded by this Act or any other Act to
offices within the Office of the Secretary of the Department of Commerce
for more than 30 days in a fiscal year unless the individual's employing
bureau or office is fully reimbursed for the salary and expenses of the
employee for the entire period of assignment using funds provided under
this heading: Provided further, That <<NOTE: Expenditure plan.>> of
the funds provided under this heading, $15,000,000 shall be withheld
from obligation until the Secretary updates and resubmits to the
Committees on Appropriations of the House of Representatives and the
Senate the plan for expenditure described in the third proviso under the
heading ``Bureau of the Census--Periodic Censuses and Programs'' in
division C of Public Law 116-6.
renovation and modernization
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, $1,000,000, to remain available until
expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $35,000,000: Provided, That notwithstanding section
6413(b) of the Middle Class Tax Relief and Job Creation Act of 2012
(Public Law 112-96), $2,000,000, to remain available until expended,
from the amounts provided under this heading, shall be derived from the
Public Safety Trust Fund for activities associated with carrying out
investigations and audits related to the First Responder Network
Authority (FirstNet).
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. <<NOTE: Certification.>> During the current fiscal year,
applicable appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities specified in
the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the
manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may
be used for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation
[[Page 133 STAT. 2394]]
or expenditure except in compliance with the procedures set forth in
that section: Provided further, <<NOTE: Notification. Deadline.>> That
the Secretary of Commerce shall notify the Committees on Appropriations
at least 15 days in advance of the acquisition or disposal of any
capital asset (including land, structures, and equipment) not
specifically provided for in this Act or any other law appropriating
funds for the Department of Commerce.
Sec. 104. <<NOTE: Incorporation by reference. 33 USC 878a note.>>
The requirements set forth by section 105 of the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2012 (Public Law 112-
55), as amended by section 105 of title I of division B of Public Law
113-6, are hereby adopted by reference and made applicable with respect
to fiscal year 2020: Provided, That the life cycle cost for the Joint
Polar Satellite System is $11,322,125,000 and the life cycle cost for
the Geostationary Operational Environmental Satellite R-Series Program
is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the Secretary
may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms, or
organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to the
Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which initially
bears the costs of such services.
Sec. 106. <<NOTE: Child pornography.>> Nothing in this title shall
be construed to prevent a grant recipient from deterring child
pornography, copyright infringement, or any other unlawful activity over
its networks.
Sec. 107. The Administrator of the National Oceanic and Atmospheric
Administration is authorized to use, with their consent, with
reimbursement and subject to the limits of available appropriations, the
land, services, equipment, personnel, and facilities of any department,
agency, or instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or possession, or of
any political subdivision thereof, or of any foreign government or
international organization, for purposes related to carrying out the
responsibilities of any statute administered by the National Oceanic and
Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may be
accessed and downloaded for free online. Should a customer still require
the Service to provide a printed or digital copy of the report or
document, the charge shall be limited to recovering the Service's cost
of processing, reproducing, and delivering such report or document.
[[Page 133 STAT. 2395]]
Sec. 109. <<NOTE: Grants. Contracts.>> To carry out the
responsibilities of the National Oceanic and Atmospheric Administration
(NOAA), the Administrator of NOAA is authorized to: (1) enter into
grants and cooperative agreements with; (2) use on a non-reimbursable
basis land, services, equipment, personnel, and facilities provided by;
and (3) receive and expend funds made available on a consensual basis
from: a Federal agency, State or subdivision thereof, local government,
tribal government, territory, or possession or any subdivisions thereof:
Provided, That funds received for permitting and related regulatory
activities pursuant to this section shall be deposited under the heading
``National Oceanic and Atmospheric Administration--Operations, Research,
and Facilities'' and shall remain available until September 30, 2022,
for such purposes: Provided further, That all funds within this section
and their corresponding uses are subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
Sec. 111. <<NOTE: 15 USC 1521a.>> (a) There is hereby established in
the Treasury of the United States a fund to be known as the ``Department
of Commerce Nonrecurring Expenses Fund'' (the Fund): Provided, That
unobligated balances of expired discretionary funds appropriated for
this or any succeeding fiscal year from the General Fund of the Treasury
to the Department of Commerce by this or any other Act may be
transferred (not 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) into the Fund: Provided further, That amounts
deposited in the Fund shall be available until expended, and in addition
to such other funds as may be available for such purposes, for
information and business technology system modernization and facilities
infrastructure improvements necessary for the operation of the
Department, subject to approval by the Office of Management and Budget:
Provided further, That <<NOTE: Notification. Deadline.>> amounts in the
Fund may be obligated only after the Committees on Appropriations of the
House of Representatives and the Senate are notified at least 15 days in
advance of the planned use of funds.
(b) In addition to amounts otherwise made available by this Act,
there is <<NOTE: Reports. Exports and imports. Autos and automotive
parts.>> appropriated $20,000,000, to remain available until September
30, 2022, to the Fund for necessary expenses for a business application
system modernization.
Sec. 112. Not later than thirty days after the date of the
enactment of this Act, using amounts appropriated or otherwise made
available in this title for the Bureau of Industry and Security for
operations and administration, the Secretary of Commerce shall--
(1) <<NOTE: Federal Register, publication.>> publish in the
Federal Register the report on the findings of the investigation
into the effect on national security
[[Page 133 STAT. 2396]]
of imports of automobiles and automotive parts that the
Secretary initiated on May 23, 2018, under section 232(b) of the
Trade Expansion Act of 1962 (19 U.S.C. 1862(b)), as required
under paragraph (3)(B) of that section; and
(2) submit to Congress any portion of the report that
contains classified information, which may be viewed only by
Members of Congress and their staff with appropriate security
clearances.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2020''.
TITLE II <<NOTE: Department of Justice Appropriations Act, 2020.>>
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $114,740,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$33,875,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $40,000,000 to this account, from
funds available to the Department of Justice for information technology,
to remain available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer authority
in the preceding proviso is in addition to any other transfer authority
contained in this Act: Provided further, That any transfer pursuant to
the first proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-related
activities of the Executive Office for Immigration Review, $672,966,000,
of which $4,000,000 shall be derived by transfer from the Executive
Office for Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account, and of which not less than $18,000,000 shall
be available for services and activities provided by the Legal
Orientation Program: Provided, That not to exceed $35,000,000 of the
total amount made available under this heading shall remain available
until expended.
[[Page 133 STAT. 2397]]
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$105,000,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$2,000,000 shall remain available until September 30, 2021.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,308,000: Provided, <<NOTE: Term extension.>> That,
notwithstanding any other provision of law, upon the expiration of a
term of office of a Commissioner, the Commissioner may continue to act
until a successor has been appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; the administration of pardon and clemency petitions; and rent
of private or Government-owned space in the District of Columbia,
$920,000,000, of which not to exceed $20,000,000 for litigation support
contracts shall remain available until expended: Provided, That of the
amount provided for INTERPOL Washington dues payments, not to exceed
$685,000 shall remain available until expended: Provided further, That
of the total amount appropriated, not to exceed $9,000 shall be
available to INTERPOL Washington for official reception and
representation expenses: Provided further,
That <<NOTE: Determination.>> notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That of the amount
appropriated, such sums as may be necessary shall be available to the
Civil Rights Division for salaries and expenses associated with the
election monitoring program under section 8 of the Voting Rights Act of
1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel
Management for such salaries and expenses: Provided further, That of
the amounts provided under this heading for the election monitoring
program, $3,390,000 shall remain available until expended: Provided
further, That of the amount appropriated, not less than $193,715,000
shall be available for the Criminal Division, including related expenses
for the Mutual Legal Assistance Treaty Program.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National
[[Page 133 STAT. 2398]]
Childhood Vaccine Injury Act of 1986, not to exceed $13,000,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $166,755,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $141,000,000 in fiscal year 2020), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2020, so as to result in a
final fiscal year 2020 appropriation from the general fund estimated at
$25,755,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,254,541,000: Provided, That of the total amount appropriated, not to
exceed $7,200 shall be available for official reception and
representation expenses: Provided further, <<NOTE: Human
trafficking.>> That not to exceed $25,000,000 shall remain available
until expended: Provided further, That each United States Attorney
shall establish or participate in a task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $227,229,000, to remain available until expended: Provided,
That, notwithstanding any other provision of law, deposits to the United
States Trustee System Fund and amounts herein appropriated shall be
available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, fees deposited into the Fund pursuant to section 589a(b) of
title 28, United States Code (as limited by section 1004(b) of the
Bankruptcy Judgeship Act of 2017 (division B of Public Law 115-72)),
shall be retained and used for necessary expenses in this appropriation
and shall remain available until expended: Provided further, That to
the extent that fees deposited into the Fund in fiscal year 2020, net of
amounts necessary to pay refunds due depositors, exceed $227,229,000,
those excess amounts shall be available in future fiscal years only to
the extent provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general fund shall be
reduced (1) as such fees are received during fiscal year 2020, net of
amounts necessary to pay refunds due depositors, (estimated at
$309,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from amounts deposited in the Fund in
previous fiscal years that are not otherwise appropriated, so as to
result in a final fiscal year 2020 appropriation from the general fund
estimated at $0.
[[Page 133 STAT. 2399]]
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,335,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$270,000,000, to remain available until expended, of which not to exceed
$16,000,000 is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and maintenance
of armored and other vehicles for witness security caravans; and not to
exceed $18,000,000 is for the purchase, installation, maintenance, and
upgrade of secure telecommunications equipment and a secure automated
information network to store and retrieve the identities and locations
of protected witnesses: Provided, That amounts made available under
this heading may not be transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$16,000,000: Provided, <<NOTE: Determination.>> That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community Relations
Service, the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,430,000,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
[[Page 133 STAT. 2400]]
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related support,
$15,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,867,461,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States Marshals Service
shall be responsible for managing the Justice Prisoner and Alien
Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $110,000,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, <<NOTE: Determination.>> That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for the activities of the
National Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary to
respond to such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $550,458,000, of
which $50,000,000 shall remain available until expended: Provided, That
any amounts obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed from this
appropriation.
[[Page 133 STAT. 2401]]
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $9,467,902,000, of which not to exceed $216,900,000 shall remain
available until expended: Provided, That not to exceed $284,000 shall
be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment, furniture,
and information technology requirements, related to construction or
acquisition of buildings, facilities, and sites by purchase, or as
otherwise authorized by law; conversion, modification, and extension of
federally owned buildings; preliminary planning and design of projects;
and operation and maintenance of secure work environment facilities and
secure networking capabilities; $485,000,000, to remain available until
expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in such
programs and the distribution of items of token value that promote the
goals of such programs, $2,279,153,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement agencies
with or without reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire accelerants
detection; and for provision of laboratory assistance to State and local
law enforcement agencies, with or without reimbursement, $1,400,000,000,
of which not to exceed $36,000 shall be for official reception and
representation expenses, not to exceed $1,000,000 shall be available for
the payment of attorneys' fees as provided by section 924(d)(2) of title
18, United States Code, and not to exceed $25,000,000 shall remain
available until expended: Provided, That none of the funds appropriated
herein shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under section 925(c) of title
18, United States Code: Provided further, That such funds shall be
available to investigate and act upon applications filed by corporations
for relief from Federal firearms disabilities under
[[Page 133 STAT. 2402]]
section 925(c) of title 18, United States Code: Provided further, That
no funds made available by this or any other Act may be used to transfer
the functions, missions, or activities of the Bureau of Alcohol,
Tobacco, Firearms and Explosives to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$7,470,000,000 of which not less than $75,000,000 shall be for the
programs and activities authorized by the First Step Act of 2018 (Public
Law 115-391): <<NOTE: 42 USC 250a.>> Provided, That the Attorney
General may transfer to the Department of Health and Human Services such
amounts as may be necessary for direct expenditures by that Department
for medical relief for inmates of Federal penal and correctional
institutions: Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a fiscal agent or
fiscal intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available until expended for
necessary operations: Provided further, That, of the amounts provided
for contract confinement, not to exceed $20,000,000 shall remain
available until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses: Provided
further, That the Director of the Federal Prison System may accept
donated property and services relating to the operation of the prison
card program from a not-for-profit entity which has operated such
program in the past, notwithstanding the fact that such not-for-profit
entity furnishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway houses, or
other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$308,000,000, to remain available until expended, of which $181,000,000
shall be available only for costs related to construction of new
facilities: Provided, That labor of United States prisoners may be used
for work performed under this appropriation.
[[Page 133 STAT. 2403]]
federal prison industries, incorporated
<<NOTE: Contracts.>> The Federal Prison Industries, Incorporated,
is hereby authorized to make such expenditures within the limits of
funds and borrowing authority available, and in accord with the law, and
to make such contracts and commitments without regard to fiscal year
limitations as provided by section 9104 of title 31, United States Code,
as may be necessary in carrying out the program set forth in the budget
for the current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging to
the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the
Rape Survivor Child Custody Act of 2015 (Public Law 114-22) (``the 2015
Act''); and the Abolish Human Trafficking Act (Public Law 115-392); and
for related victims services, $502,500,000, to remain available until
expended, of which $435,000,000 shall be derived by transfer from
amounts available for obligation in this Act from the Fund established
by section 1402 of chapter XIV
[[Page 133 STAT. 2404]]
of title II of Public Law 98-473 (34 U.S.C. 20101), notwithstanding
section 1402(d) of such Act of 1984, and merged with the amounts
otherwise made available under this heading: Provided, That except as
otherwise provided by law, not to exceed 5 percent of funds made
available under this heading may be used for expenses related to
evaluation, training, and technical assistance: Provided further, That
of the <<NOTE: Grants.>> amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $37,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of Justice
Programs;
(4) $11,500,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the programs
authorized by sections 41201, 41204, 41303, and 41305 of the
1994 Act, prior to its amendment by the 2013 Act, shall be
available for this program: Provided further, That 10 percent
of the total amount available for this grant program shall be
available for grants under the program authorized by section
2015 of the 1968 Act: Provided
further, <<NOTE: Applicability. Grants.>> That the definitions
and grant conditions in section 40002 of the 1994 Act shall
apply to this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000 is
for a homicide reduction initiative;
(6) $38,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $43,500,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $46,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized
by section 40801 of the 1994 Act;
(11) $17,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002
[[Page 133 STAT. 2405]]
of the 1994 Act, prior to their amendment by the 2013 Act, shall
be available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the 2013 Act: Provided, That
the grant conditions in section 40002(b) of the 1994 Act shall
apply to this program; and
(17) $1,500,000 is for the purposes authorized under the
2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's
Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety Act
of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act'');
the NICS Improvement Amendments Act of 2007 (Public Law 110-180); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); and other programs, $79,000,000, to remain available
until expended, of which--
(1) $43,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act; and
(2) $36,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act and subtitle D of title II of the 2002 Act, of
which $5,000,000 is for research targeted toward developing a
better understanding of the domestic radicalization phenomenon,
and advancing evidence-based strategies for effective
[[Page 133 STAT. 2406]]
intervention and prevention; $1,000,000 is for research to study
the root causes of school violence to include the impact and
effectiveness of grants made under the STOP School Violence Act;
$1,000,000 is for a national study to understand the responses
of law enforcement to sex trafficking of minors; and $2,000,000
is for a national center on forensics.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-403);
the Victims of Crime Act of 1984 (Public Law 98-473); the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the
Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198)
(``CARA''); the Justice for All Reauthorization Act of 2016 (Public Law
114-324); Kevin and Avonte's Law (division Q of Public Law 115-141)
(``Kevin and Avonte's Law''); the Keep Young Athletes Safe Act of 2018
(title III of division S of Public Law 115-141) (``the Keep Young
Athletes Safe Act''); the STOP School Violence Act of 2018 (title V of
division S of Public Law 115-141) (``the STOP School Violence Act'');
the Fix NICS Act of 2018 (title VI of division S of Public Law 115-141);
the Project Safe Neighborhoods Grant Program Authorization Act of 2018
(Public Law 115-185); the SUPPORT for Patients and Communities Act
(Public Law 115-271); and the Second Chance Reauthorization Act of 2018
(Public Law 115-391); and other programs, $1,892,000,000, to remain
available until expended as follows--
(1) $547,210,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g) of title I of
the 1968 Act shall not apply for purposes of this Act), of
which, notwithstanding such subpart 1, $12,000,000 is for the
Officer Robert Wilson III Memorial Initiative on Preventing
Violence Against Law Enforcement Officer Resilience and
Survivability (VALOR), $7,500,000 is for an initiative to
support evidence-based policing, $8,000,000 is for an initiative
to
[[Page 133 STAT. 2407]]
enhance prosecutorial decision-making, $2,400,000 is for the
operationalization, maintenance and expansion of the National
Missing and Unidentified Persons System, $2,500,000 is for an
academic based training initiative to improve police-based
responses to people with mental illness or developmental
disabilities, $2,000,000 is for a student loan repayment
assistance program pursuant to section 952 of Public Law 110-
315, $15,500,000 is for prison rape prevention and prosecution
grants to States and units of local government, and other
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79), $2,000,000 is for a grant program
authorized by Kevin and Avonte's Law, $3,000,000 is for a
regional law enforcement technology initiative, $20,000,000 is
for grants authorized under the Project Safe Neighborhoods Grant
Authorization Act of 2018 (Public Law 115-185), $2,000,000 is
for a grant to provide a drug field testing and training
initiative, $5,500,000 is for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law 108-
405, and for grants for wrongful conviction review, $2,000,000
is for grants to States and units of local government to deploy
managed access systems to combat contraband cell phone use in
prison, $1,000,000 is for a collaborative mental health and
anti-recidivism initiative, $100,000,000 is for grants for law
enforcement activities associated with the presidential
nominating conventions, $2,000,000 is for a program to improve
juvenile indigent defense, $8,000,000 is for community-based
violence prevention initiatives, and $3,000,000 is for a
national center for restorative justice;
(2) $244,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $85,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, for programs authorized under Public Law 109-164, or
programs authorized under Public Law 113-4;
(4) $14,000,000 for economic, high technology, white collar,
and Internet crime prevention grants, including as authorized by
section 401 of Public Law 110-403, of which $2,500,000 is for
competitive grants that help State and local law enforcement
tackle intellectual property thefts, and $2,000,000 for a
competitive grant program for training students in computer
forensics and digital investigation;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $27,500,000 for the Patrick Leahy Bulletproof Vest
Partnership Grant Program, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards for research,
testing and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public Website;
[[Page 133 STAT. 2408]]
(8) $78,290,000 for grants to States to upgrade criminal and
mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000 shall
be for grants made under the authorities of the NICS Improvement
Amendments Act of 2007 (Public Law 110-180) and Fix NICS Act of
2018;
(9) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $132,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $102,000,000 is for the purposes authorized
under section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (Public Law 106-546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be used
for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108-405, section
303);
(B) $19,000,000 for other local, State, and Federal
forensic activities;
(C) $7,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant
Program (Public Law 108-405, section 412); and
(D) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(11) $48,000,000 for a grant program for community-based
sexual assault response reform;
(12) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $38,000,000 for assistance to Indian tribes;
(14) $90,000,000 for offender reentry programs and research,
as authorized by the Second Chance Act of 2007 (Public Law 110-
199) and by the Second Chance Reauthorization Act of 2018
(Public Law 115-391), without regard to the time limitations
specified at section 6(1) of such Act, of which not to exceed
$6,000,000 is for a program to improve State, local, and tribal
probation or parole supervision efforts and strategies,
$5,000,000 is for Children of Incarcerated Parents
Demonstrations to enhance and maintain parental and family
relationships for incarcerated parents as a reentry or
recidivism reduction strategy, and $4,500,000 is for additional
replication sites employing the Project HOPE Opportunity
Probation with Enforcement model implementing swift and certain
sanctions in probation, and for a research project on the
effectiveness of the model: Provided, That up to $7,500,000 of
funds made available in this paragraph may be used for
performance-based awards for Pay for Success projects, of which
up to $5,000,000 shall be for Pay for Success programs
implementing the Permanent Supportive Housing Model;
(15) $67,500,000 for initiatives to improve police-community
relations, of which $22,500,000 is for a competitive matching
grant program for purchases of body-worn cameras for State,
local and Tribal law enforcement, $28,000,000 is for a justice
reinvestment initiative, for activities related to criminal
justice
[[Page 133 STAT. 2409]]
reform and recidivism reduction, and $17,000,000 is for an
Edward Byrne Memorial criminal justice innovation program;
(16) $378,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid, stimulant, and
substance abuse reduction consistent with underlying program
authorities--
(A) $80,000,000 for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $33,000,000 for mental health courts and adult
and juvenile collaboration program grants, as authorized
by parts V and HH of title I of the 1968 Act, and the
Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law
110-416);
(C) $31,000,000 for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $23,000,000 for a veterans treatment courts
program;
(E) $31,000,000 for a program to monitor
prescription drugs and scheduled listed chemical
products; and
(F) $180,000,000 for a comprehensive opioid,
stimulant, and substance abuse program;
(17) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(18) $75,000,000 for grants to be administered by the Bureau
of Justice Assistance for purposes authorized under the STOP
School Violence Act; and
(19) $2,000,000 for grants to state and local law
enforcement agencies for the expenses associated with the
investigation and prosecution of criminal offenses, involving
civil rights, authorized by the Emmett Till Unsolved Civil
Rights Crimes Reauthorization Act of 2016 (Public Law 114-325):
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); the Juvenile
[[Page 133 STAT. 2410]]
Justice Reform Act of 2018 (Public Law 115-385); and other juvenile
justice programs, $320,000,000, to remain available until expended as
follows--
(1) $63,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State, local
and tribal juvenile justice residential facilities;
(2) $97,000,000 for youth mentoring grants;
(3) $42,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $2,000,000 shall be for grants to prevent
trafficking of girls;
(B) $5,000,000 shall be for the Tribal Youth
Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated
parents;
(D) $2,000,000 shall be for competitive grants
focusing on girls in the juvenile justice system;
(E) $10,000,000 shall be for an opioid-affected
youth initiative; and
(F) $8,000,000 shall be for an initiative relating
to children exposed to violence;
(4) $27,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $87,500,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the
1974 Act (except that section 102(b)(4)(B) of the PROTECT Our
Children Act of 2008 (Public Law 110-401) shall not apply for
purposes of this Act); and
(6) $3,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of the amounts designated under paragraphs (1) through (3) and
(6) may be used for training and technical assistance: Provided
further, That the two preceding provisos shall not apply to grants and
projects administered pursuant to sections 261 and 262 of the 1974 Act
and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $24,800,000 for payments authorized
by section 1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until expended:
Provided, <<NOTE: Determination.>> That notwithstanding section 205 of
this Act, upon a determination by the Attorney
[[Page 133 STAT. 2411]]
General that emergent circumstances require additional funding for such
disability and education payments, the Attorney General may transfer
such amounts to ``Public Safety Officer Benefits'' from available
appropriations for the Department of Justice as may be necessary to
respond to such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
2017 (Public Law 115-37); and the SUPPORT for Patients and Communities
Act (Public Law 115-271), $343,000,000, to remain available until
expended: Provided, That any balances made available through prior year
deobligations shall only be available in accordance with section 505 of
this Act: Provided further, That <<NOTE: Grants.>> of the amount
provided under this heading--
(1) $235,000,000 is for grants under section 1701 of title I
of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (i) of such section: Provided,
That, notwithstanding section 1704(c) of such title (34 U.S.C.
10384(c)), funding for hiring or rehiring a career law
enforcement officer may not exceed $125,000 unless the Director
of the Office of Community Oriented Policing Services grants a
waiver from this limitation: Provided further, That within the
amounts appropriated under this paragraph, $27,000,000 is for
improving tribal law enforcement, including hiring, equipment,
training, anti-methamphetamine activities, and anti-opioid
activities: Provided further, That of the amounts appropriated
under this paragraph, $6,500,000 is for community policing
development activities in furtherance of the purposes in section
1701: Provided further, That of the amounts appropriated under
this paragraph $38,000,000 is for regional information sharing
activities, as authorized by part M of title I of the 1968 Act,
which shall be transferred to and merged with ``Research,
Evaluation, and Statistics'' for administration by the Office of
Justice Programs: Provided further, That within the amounts
appropriated under this paragraph, no less than $3,000,000 is to
support the Tribal Access Program: Provided further, That
within the amounts appropriated under this paragraph, $5,000,000
is for training, peer mentoring, and mental health program
activities as authorized under the Law Enforcement Mental Health
and Wellness Act (Public Law 115-113);
(2) $10,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
[[Page 133 STAT. 2412]]
(3) $13,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes to
locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration; and
(5) $50,000,000 is for competitive grants to be administered
by the Community Oriented Policing Services Office for purposes
authorized under the STOP School Violence Act (title V of
division S of Public Law 115-141).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. <<NOTE: Abortion.>> None of the funds appropriated by
this title shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were carried to
term, or in the case of rape or incest: Provided, That should this
prohibition be declared unconstitutional by a court of competent
jurisdiction, this section shall be null and void.
Sec. 203. <<NOTE: Abortion.>> None of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. <<NOTE: Abortion.>> Nothing in the preceding section
shall remove the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in this
section in any way diminishes the effect of section 203 intended to
address the philosophical beliefs of individual employees of the Bureau
of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. <<NOTE: Prisons and prisoners.>> None of the funds made
available under this title may be used by the Federal Bureau of Prisons
or the United
[[Page 133 STAT. 2413]]
States Marshals Service for the purpose of transporting an individual
who is a prisoner pursuant to conviction for crime under State or
Federal law and is classified as a maximum or high security prisoner,
other than to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a prisoner.
Sec. 207. <<NOTE: Prisons and prisoners.>> (a) None of the funds
appropriated by this Act may be used by Federal prisons to purchase
cable television services, or to rent or purchase audiovisual or
electronic media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 208. <<NOTE: Certification.>> None of the funds made available
under this title shall be obligated or expended for any new or enhanced
information technology program having total estimated development costs
in excess of $100,000,000, unless the Deputy Attorney General and the
investment review board certify to the Committees on Appropriations of
the House of Representatives and the Senate that the information
technology program has appropriate program management controls and
contractor oversight mechanisms in place, and that the program is
compatible with the enterprise architecture of the Department of
Justice.
Sec. 209. <<NOTE: Applicability.>> The notification thresholds and
procedures set forth in section 505 of this Act shall apply to
deviations from the amounts designated for specific activities in this
Act and in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), and to any use of
deobligated balances of funds provided under this title in previous
years.
Sec. 210. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States Attorney
from the residency requirements of section 545 of title 28, United
States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by this
title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 2 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used
by such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute of
Justice and the Bureau of Justice Statistics, shall be
transferred to and merged with funds provided to the National
[[Page 133 STAT. 2414]]
Institute of Justice and the Bureau of Justice Statistics, to be
used by them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
Sec. 213. <<NOTE: Determination.>> Upon request by a grantee for
whom the Attorney General has determined there is a fiscal hardship, the
Attorney General may, with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2017 through 2020 for
the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act of
2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 215. <<NOTE: Firearms.>> None of the funds made available
under this Act, other than for the national instant criminal background
check system established under section 103 of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901), may be used by a Federal law
enforcement officer to facilitate the transfer of an operable firearm to
an individual if the Federal law enforcement officer knows or suspects
that the individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2020, except up to $12,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2020, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2020, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under section 526 of division
H of Public Law 113-76, section 524 of division G of Public Law 113-235,
section 525 of division H of Public Law 114-113, and such authorities as
are enacted for Performance Partnership Pilots in an appropriations Act
for fiscal years 2019 and 2020.
[[Page 133 STAT. 2415]]
Sec. 218. <<NOTE: 28 USC 527 note.>> In this fiscal year and each
fiscal year thereafter, amounts credited to and made available in the
Department of Justice Working Capital Fund as an offsetting collection
pursuant to section 11013 of Public Law 107-273 shall be so credited and
available only to the extent and in such amounts as provided in advance
in appropriations Acts: Provided, That notwithstanding 31 U.S.C. 3302
or any other statute affecting the crediting of collections, the
Attorney General may credit, as a discretionary offsetting collection,
to the Department of Justice Working Capital Fund, for fiscal year 2020
and thereafter, up to three percent of all amounts collected pursuant to
civil debt collection litigation activities of the Department of
Justice; and such amounts so credited in fiscal year 2020 and thereafter
shall remain available until expended, and shall be subject to the terms
and conditions of that fund: Provided
further, <<NOTE: Determination.>> That any such amounts from the fund
that the Attorney General determines are necessary to pay, first, for
the costs of processing and tracking civil and criminal debt collection
litigation activities, and thereafter for financial systems and for
debt-collection-related personnel, administrative, and litigation
expenses, in fiscal year 2020 and thereafter, shall be transferred to
other appropriations accounts in the Department of Justice for paying
the costs of such activities, and shall be in addition to any amounts
otherwise made available for such purposes in those appropriations
accounts: Provided further, That such transfer authority is in addition
to any other transfer authority provided by law: Provided further, That
any transfer of funds pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 219. <<NOTE: Applicability. 28 USC 1930 note.>> Section
1930(a)(6)(B) of title 28, United States Code, shall be applied for this
fiscal year and next fiscal year by substituting ``$300,000,000'' for
``$200,000,000''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2020''.
TITLE <<NOTE: Science Appropriations Act, 2020.>> III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses, and rental of
conference rooms in the District of Columbia, $5,544,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of Title V of Public Law 100-685 and Executive Order
13803, hire of passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed $2,250 for
official reception and representation expenses, $1,965,000: Provided,
That notwithstanding any other
[[Page 133 STAT. 2416]]
provision of law, the National Space Council may accept personnel
support from Federal agencies, departments, and offices, and such
Federal agencies, departments, and offices may detail staff without
reimbursement to the National Space Council for purposes provided
herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,138,900,000, to remain available until
September 30, 2021: Provided, That, $1,971,800,000 shall be for Earth
Science; $2,713,400,000 shall be for Planetary Science; $1,306,200,000
shall be for Astrophysics; $423,000,000 shall be for the James Webb
Space Telescope; and $724,500,000 shall be for Heliophysics: Provided
further, That of the amounts provided, $592,600,000 is for an orbiter to
meet the science goals for the Jupiter Europa mission as recommended in
previous Planetary Science Decadal surveys: Provided
further, <<NOTE: Deadlines.>> That the National Aeronautics and Space
Administration shall use the Space Launch System as the launch vehicles
for the Jupiter Europa missions, plan for an orbiter launch no later
than 2025 and a lander launch no later than 2027, and include in the
fiscal year 2021 budget the 5-year funding profile necessary to achieve
these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $783,900,000, to remain available until
September 30, 2021.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire
[[Page 133 STAT. 2417]]
of passenger motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft, $1,100,000,000, to
remain available until September 30, 2021: Provided, That $227,200,000
shall be for RESTORE-L/SPace Infrastructure DExterous Robot: Provided
further, That $110,000,000 shall be for the development and
demonstration of a nuclear thermal propulsion system, of which
$80,000,000 shall be for the design of a flight demonstration system:
Provided further, <<NOTE: Deadline. Plans.>> That, not later than 180
days after the enactment of this Act, the National Aeronautics and Space
Administration (NASA) shall provide a plan for the design of a flight
demonstration.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $6,017,600,000, to remain available until
September 30, 2021: Provided, That not less than $1,406,700,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,585,900,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously to be used to the maximum extent
practicable, including for Earth to Moon missions and a Moon landing:
Provided further, That of the amounts provided for SLS, not less than
$300,000,000 shall be for Exploration Upper Stage development: Provided
further, That $590,000,000 shall be for Exploration Ground Systems:
Provided further, <<NOTE: Budget profile.>> That the National
Aeronautics and Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget profile
for an integrated system that includes the SLS, the Orion Multi-Purpose
Crew Vehicle, and associated ground systems that will ensure an
Exploration Mission-2 crewed launch as early as possible, as well as a
system-based funding profile for a sustained launch cadence beyond the
initial crewed test launch: Provided further, That $1,435,000,000 shall
be for exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services; space
flight, spacecraft control and communications activities, including
operations, production, and services; maintenance and repair, facility
planning and design; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor
[[Page 133 STAT. 2418]]
vehicles; and purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $4,140,200,000, to remain available
until September 30, 2021.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$120,000,000, to remain available until September 30, 2021, of which
$24,000,000 shall be for the Established Program to Stimulate
Competitive Research and $48,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $2,913,300,000, to remain available until
September 30, 2021.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $373,400,000, to remain available until
September 30, 2025: Provided, <<NOTE: Contracts. Time period. 51 USC
20145 note.>> That proceeds from leases deposited into this account
shall be available for a period of 5 years to the extent and in amounts
as provided in annual appropriations Acts: Provided further, That such
proceeds referred to in the preceding proviso shall be available for
obligation for fiscal year 2020 in an amount not to exceed $17,000,000:
Provided further, That each <<NOTE: Deadline. Estimates. 51 USC 30103
note.>> annual budget request shall include an annual estimate of gross
receipts and collections and proposed use of all funds collected
pursuant to section 20145 of title 51, United States Code.
[[Page 133 STAT. 2419]]
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $41,700,000, of which
$500,000 shall remain available until September 30, 2021.
administrative provisions
(including transfers of funds)
Funds <<NOTE: 51 USC 20144 note.>> for any announced prize otherwise
authorized shall remain available, without fiscal year limitation, until
a prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers. Any funds transferred to ``Construction and
Environmental Compliance and Restoration'' for construction activities
shall not increase that account by more than $75,300,000. Balances so
transferred shall be merged with and available for the same purposes and
the same time period as the appropriations to which transferred. Any
transfer pursuant to this provision shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or expenditure
in fiscal year 2020 may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers. Any transfer
pursuant to this provision shall retain its original availability and
shall be treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation except in compliance with
the procedures set forth in that section.
The <<NOTE: Spending plan.>> spending plan required by this Act
shall be provided by NASA at the theme, program, project and activity
level. The spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Not <<NOTE: Plans.>> more than 40 percent of the amounts made
available in this Act for the Gateway; Advanced Cislunar and Surface
Capabilities; Commercial LEO Development; and Lunar Discovery and
Exploration, excluding the Lunar Reconnaissance Orbiter, may be
obligated until the Administrator submits a multi-year plan to the
Committees on Appropriations of the House of Representatives and the
Senate that identifies estimated dates, by fiscal year, for Space Launch
System flights to build the Gateway; the commencement of partnerships
with commercial entities for additional LEO missions to land humans and
rovers on the Moon; and conducting additional scientific activities on
the Moon. The multi-year plan shall include key milestones to be met by
fiscal year to achieve
[[Page 133 STAT. 2420]]
goals for each of the lunar programs described in the previous sentence
and funding required by fiscal year to achieve such milestones.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $6,737,200,000, to remain available
until September 30, 2021, of which not to exceed $500,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program: Provided, That receipts for scientific
support services and materials furnished by the National Research
Centers and other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $243,230,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms in
the District of Columbia, $940,000,000, to remain available until
September 30, 2021.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.);
services authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for security guard
services; $336,900,000: Provided, That not to exceed $8,280 is for
official reception and representation expenses: Provided further, That
contracts may be entered into under this heading in fiscal year 2020 for
maintenance and operation of facilities and for other services to be
provided during the next fiscal year.
[[Page 133 STAT. 2421]]
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of 1950
(42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,500,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $16,500,000, of which
$400,000 shall remain available until September 30, 2021.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this paragraph shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
<<NOTE: Notification. Deadline.>> The Director of the National
Science Foundation (NSF) shall notify the Committees on Appropriations
of the House of Representatives and the Senate at least 30 days in
advance of any planned divestment through transfer, decommissioning,
termination, or deconstruction of any NSF-owned facilities or any NSF
capital assets (including land, structures, and equipment) valued
greater than $2,500,000.
This title may be cited as the ``Science Appropriations Act, 2020''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $10,500,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than 75
billable days, with the exception of the chairperson, who is permitted
125 billable days: Provided further, That the Chair may accept and use
any
[[Page 133 STAT. 2422]]
gift or donation to carry out the work of the Commission: Provided
further, That none of the funds appropriated in this paragraph shall be
used for any activity or expense that is not explicitly authorized by
section 3 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services as
authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$30,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $389,500,000: Provided, That the
Commission is authorized to make available for official reception and
representation expenses not to exceed $2,250 from available funds:
Provided further, <<NOTE: Workforce proposal. Notification.>> That the
Commission may take no action to implement any workforce repositioning,
restructuring, or reorganization until such time as the Committees on
Appropriations of the House of Representatives and the Senate have been
notified of such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further, That the
Chair may accept and use any gift or donation to carry out the work of
the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to exceed $2,250
for official reception and representation expenses, $99,400,000, to
remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $440,000,000, of
which $402,700,000 is for basic field programs and required independent
audits; $5,300,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $22,000,000 is for management and grants oversight;
$4,000,000 is for client self-help and information technology;
$4,500,000 is for a Pro Bono Innovation Fund; and $1,500,000 is for loan
repayment assistance:
[[Page 133 STAT. 2423]]
Provided, That the Legal Services Corporation may continue to provide
locality pay to officers and employees at a rate no greater than that
provided by the Federal Government to Washington, DC-based employees as
authorized by section 5304 of title 5, United States Code,
notwithstanding section 1005(d) of the Legal Services Corporation Act
(42 U.S.C. 2996d(d)): Provided <<NOTE: Applicability.>> further, That
the authorities provided in section 205 of this Act shall be applicable
to the Legal Services Corporation: Provided further, That, for the
purposes of section 505 of this Act, the Legal Services Corporation
shall be considered an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2019 and 2020, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.), $3,616,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $54,000,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
[[Page 133 STAT. 2424]]
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.)
$6,555,000, of which $500,000 shall remain available until September 30,
2021: Provided, That not to exceed $2,250 shall be available for
official reception and representation expenses: Provided further, That,
for the purposes of section 505 of this Act, the State Justice Institute
shall be considered an agency of the United States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. <<NOTE: Propaganda.>> No part of any appropriation
contained in this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 505. <<NOTE: Notifications. Deadline.>> None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2020, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2) eliminates
a program, project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorganizes or
renames offices, programs, or activities; (6) contracts out or
privatizes any functions or activities presently performed by Federal
employees; (7) augments existing programs, projects, or activities in
excess of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or numbers of
personnel by 10 percent; or (8) results from any general savings,
including savings from a reduction in personnel, which would result in a
change in existing programs,
[[Page 133 STAT. 2425]]
projects, or activities as approved by Congress; unless the House and
Senate Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) <<NOTE: Definition.>> The term ``promotional items'' has the
meaning given the term in OMB Circular A-87, Attachment B, Item
(1)(f)(3).
Sec. 507. (a) <<NOTE: Reports.>> The Departments of Commerce and
Justice, the National Science Foundation, and the National Aeronautics
and Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly report on the status of balances of appropriations at the
account level. For unobligated, uncommitted balances and unobligated,
committed balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted within
30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation of
a current accounting system, the department or agency shall fulfill such
aspect to the maximum extent practicable under such accounting system
and shall identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded under
this Act resulting from, or to prevent, personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such department or
agency: Provided, <<NOTE: Transfer authority.>> That the authority to
transfer funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, <<NOTE: Applicability. Loans. Grants.>> That for the
Department of Commerce, this section shall also apply to actions taken
for the care and protection of loan collateral or grant property.
Sec. 509. <<NOTE: Tobacco and tobacco products.>> None of the funds
provided by this Act shall be available to promote the sale or export of
tobacco or tobacco products, or to seek the reduction or removal by any
foreign country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type.
[[Page 133 STAT. 2426]]
Sec. 510. <<NOTE: 34 USC 20101 note.>> Notwithstanding any other
provision of law, amounts deposited or available in the Fund established
by section 1402 of chapter XIV of title II of Public Law 98-473 (34
U.S.C. 20101) in any fiscal year in excess of $2,641,000,000 shall not
be available for obligation until the following fiscal year: Provided,
That notwithstanding section 1402(d) of such Act, of the amounts
available from the Fund for obligation: (1) $10,000,000 shall be
transferred to the Department of Justice Office of Inspector General and
remain available until expended for oversight and auditing purposes
associated with this section; and (2) 5 percent shall be available to
the Office for Victims of Crime for grants, consistent with the
requirements of the Victims of Crime Act, to Indian tribes to improve
services for victims of crime.
Sec. 511. <<NOTE: Discrimination.>> None of the funds made
available to the Department of Justice in this Act may be used to
discriminate against or denigrate the religious or moral beliefs of
students who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians of such
students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. (a) <<NOTE: Audits. Reports. Deadlines.>> The Inspectors
General of the Department of Commerce, the Department of Justice, the
National Aeronautics and Space Administration, the National Science
Foundation, and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may include
preliminary findings and a description of areas of particular interest,
within 180 days after initiating such an audit and every 180 days
thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as appropriate,
shall make the results of the audit available to the public on the
Internet website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall be made
available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) <<NOTE: Certification.>> Any person awarded a grant or contract
funded by amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no funds derived
from the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial interest in
the person awarded the grant or contract.
(d) <<NOTE: Effective
date. Consultation. Determination. Applicability.>> The provisions of
the preceding subsections of this section shall take effect 30 days
after the date on which the Director of the Office of Management and
Budget, in consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and requirements,
substantially similar to
[[Page 133 STAT. 2427]]
the requirements in such subsections, consistently apply under the
executive branch ethics program to all Federal departments, agencies,
and entities.
Sec. 514. <<NOTE: Review.>> (a) None of the funds appropriated or
otherwise made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a high-
impact or moderate-impact information system, as defined for security
categorization in the National Institute of Standards and Technology's
(NIST) Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems within
the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) <<NOTE: Consultation. Assessment. China. Iran. North
Korea. Russia.>> in consultation with the FBI or other
appropriate Federal entity, conducted an assessment of any risk
of cyber-espionage or sabotage associated with the acquisition
of such system, including any risk associated with such system
being produced, manufactured, or assembled by one or more
entities identified by the United States Government as posing a
cyber threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) <<NOTE: Consultations.>> None of the funds appropriated or
otherwise made available under this Act may be used to acquire a high-
impact or moderate-impact information system reviewed and assessed under
subsection (a) unless the head of the assessing entity described in
subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy for
any identified risks;
(2) <<NOTE: Determination.>> determined, in consultation
with NIST and the FBI, that the acquisition of such system is in
the national interest of the United States; and
(3) <<NOTE: Reports.>> reported that determination to the
Committees on Appropriations of the House of Representatives and
the Senate and the agency Inspector General.
Sec. 515. <<NOTE: Torture.>> None of the funds made available in
this Act shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the United States
Government.
Sec. 516. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
[[Page 133 STAT. 2428]]
Sec. 517. <<NOTE: National security letter.>> None of the funds
made available in this Act may be used to authorize or issue a national
security letter in contravention of any of the following laws
authorizing the Federal Bureau of Investigation to issue national
security letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair Credit Reporting
Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act
of 2015; and the laws amended by these Acts.
Sec. 518. <<NOTE: Notifications.>> If at any time during any
quarter, the program manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more than
$75,000,000 has reasonable cause to believe that the total program cost
has increased by 10 percent or more, the program manager shall
immediately inform the respective Secretary, Administrator, or
Director. <<NOTE: Deadline. Determination.>> The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made; a
statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree to
which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or procurement
costs.
Sec. 519. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2020 until the enactment of the Intelligence
Authorization Act for fiscal year 2020.
Sec. 520. <<NOTE: Contracts. Grants. Certification. Taxes Time
periods.>> None of the funds appropriated or otherwise made available
by this Act may be used to enter into a contract in an amount greater
than $5,000,000 or to award a grant in excess of such amount unless the
prospective contractor or grantee certifies in writing to the agency
awarding the contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification, has not
been convicted of a criminal offense under the Internal Revenue Code of
1986, and has not, more than 90 days prior to certification, been
notified of any unpaid Federal tax assessment for which the liability
remains unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been approved by
the Internal Revenue Service and is not in default, or the assessment is
the subject of a non-frivolous administrative or judicial proceeding.
(rescissions)
Sec. 521. <<NOTE: Deadlines.>> (a) Of the unobligated balances from
prior year appropriations available to the Department of Commerce, the
following funds are hereby rescinded, not later than September 30, 2020,
from the following accounts in the specified amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $17,000,000; and
[[Page 133 STAT. 2429]]
(2) ``National Oceanic and Atmospheric Administration,
Fisheries Enforcement Asset Forfeiture Fund'', $5,000,000.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2020, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $107,000,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $71,974,000 including from, but not limited to, fees
collected to defray expenses for the automation of fingerprint
identification and criminal justice information services and
associated costs;
(3) ``Drug Enforcement Administration, Salaries and
Expenses'', $10,000,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $70,000,000; and
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $13,000,000.
(c) Of the unobligated balances available to the National
Aeronautics and Space Administration from prior year appropriations
under the heading ``Science'', $70,000,000 is hereby rescinded.
(d) <<NOTE: Reports.>> The Departments of Commerce and Justice and
the National Aeronautics and Space Administration shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2020, specifying the amount
of each rescission made pursuant to subsections (a), (b), and (c).
(e) The amounts rescinded in subsections (a), (b), and (c) shall not
be from amounts that were designated by the Congress as an emergency or
disaster relief requirement pursuant to the concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 522. <<NOTE: Airline travel.>> None of the funds made
available in this Act may be used to purchase first class or premium
airline travel in contravention of sections 301-10.122 through 301-
10.124 of title 41 of the Code of Federal Regulations.
Sec. 523. <<NOTE: Conference attendees.>> None of the funds made
available in this Act may be used to send or otherwise pay for the
attendance of more than 50 employees from a Federal department or
agency, who are stationed in the United States, at any single conference
occurring outside the United States unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States; or
(2) <<NOTE: Determination. Notification. Deadline.>> such
conference is a scientific conference and the department or
agency head determines that such attendance is in the national
interest and notifies the Committees on Appropriations of the
House of Representatives and the Senate within at least 15 days
of that determination and the basis for that determination.
Sec. 524. <<NOTE: Grants. Performance plan. Reports.>> The
Director of the Office of Management and Budget shall instruct any
department, agency, or instrumentality of the United States receiving
funds appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance plan and
performance and accountability reports the following:
[[Page 133 STAT. 2430]]
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) <<NOTE: Time period.>> In the preceding 3 fiscal years,
details on the total number of expired grant accounts with
undisbursed balances (on the first day of each fiscal year) for
the department, agency, or instrumentality and the total
finances that have not been obligated to a specific project
remaining in the accounts.
Sec. 525. <<NOTE: Light bulbs.>> To the extent practicable, funds
made available in this Act should be used to purchase light bulbs that
are ``Energy Star'' qualified or have the ``Federal Energy Management
Program'' designation.
Sec. 526. <<NOTE: China.>> (a) None of the funds made available by
this Act may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology Policy
(OSTP), or the National Space Council (NSC) to develop, design, plan,
promulgate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate
bilaterally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after the
date of enactment of this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) <<NOTE: Consultation. Certification.>> The limitations
described in subsections (a) and (b) shall not apply to activities which
NASA, OSTP, or NSC, after consultation with the Federal Bureau of
Investigation, have certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) <<NOTE: Deadline.>> Any certification made under subsection (c)
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of Investigation,
no later than 30 days prior to the activity in question and shall
include a description of the purpose of the activity, its agenda, its
major participants, and its location and timing.
Sec. 527. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution,
adjudication, or other law enforcement- or victim assistance-related
activity.
Sec. 528. <<NOTE: Spending plans. Deadline.>> The Departments of
Commerce and Justice, the National Aeronautics and Space Administration,
the National
[[Page 133 STAT. 2431]]
Science Foundation, the Commission on Civil Rights, the Equal Employment
Opportunity Commission, the International Trade Commission, the Legal
Services Corporation, the Marine Mammal Commission, the Offices of
Science and Technology Policy and the United States Trade
Representative, the National Space Council, and the State Justice
Institute shall submit spending plans, signed by the respective
department or agency head, to the Committees on Appropriations of the
House of Representatives and the Senate within 45 days after the date of
enactment of this Act.
Sec. 529. <<NOTE: Contracts.>> Notwithstanding any other provision
of this Act, none of the funds appropriated or otherwise made available
by this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or
for performance that does not meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 531. <<NOTE: State listing. Territories. Medical marijuana.>>
None of the funds made available under this Act to the Department of
Justice may be used, with respect to any of the States of Alabama,
Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware,
Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana,
Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New
York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or
with respect to the District of Columbia, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, Guam, or
Puerto Rico, to prevent any of them from implementing their own laws
that authorize the use, distribution, possession, or cultivation of
medical marijuana.
Sec. 532. <<NOTE: Reports. China.>> The Department of Commerce,
the National Aeronautics and Space Administration, and the National
Science Foundation shall provide a quarterly report to the Committees on
Appropriations of the House of Representatives and the Senate on any
official travel to China by any employee of such Department or agency,
including the purpose of such travel.
Sec. 533. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public Works
grants authorized by the Public Works and Economic Development Act of
1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties:
Provided, <<NOTE: Definition.>> 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.
Sec. 534. <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States,
[[Page 133 STAT. 2432]]
its territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 535. <<NOTE: Cuba.>> (a) None of the funds appropriated or
otherwise made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United States, its
territories, or possessions to house any individual described in
subsection (c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 536. <<NOTE: Termination date. Determination.>> None of the
funds provided in this Act shall be available for obligation for the
James Webb Space Telescope (JWST) after December 31, 2020, if the
individual identified under subsection (c)(2)(E) of section 30104 of
title 51, United States Code, as responsible for JWST determines that
the formulation and development costs (with development cost as defined
under section 30104 of title 51, United States Code) are likely to
exceed $8,802,700,000, unless the program is modified so that the costs
do not exceed $8,802,700,000.
Sec. 537. <<NOTE: Exports and imports. Canada. Firearms.>> (a)
Notwithstanding any other provision of law or treaty, none of the funds
appropriated or otherwise made available under this Act or any other Act
may be expended or obligated by a department, agency, or instrumentality
of the United States to pay administrative expenses or to compensate an
officer or employee of the United States in connection with requiring an
export license for the export to Canada of components, parts,
accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
1, 2005) with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of this
section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal
[[Page 133 STAT. 2433]]
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in the
United States or return to Canada for a Canadian citizen.
(d) <<NOTE: President. Determination. Federal Register,
publication.>> The President may require export licenses under this
section on a temporary basis if the President determines, upon
publication first in the Federal Register, that the Government of Canada
has implemented or maintained inadequate import controls for the
articles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in
international terrorism or in the escalation of a conflict in another
nation. The President <<NOTE: Termination.>> shall terminate the
requirements of a license when reasons for the temporary requirements
have ceased.
Sec. 538. <<NOTE: Firearms Ammunition.>> Notwithstanding any other
provision of law, no department, agency, or instrumentality of the
United States receiving appropriated funds under this Act or any other
Act shall obligate or expend in any way such funds to pay administrative
expenses or the compensation of any officer or employee of the United
States to deny any application submitted pursuant to 22 U.S.C.
2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113,
for a permit to import United States origin ``curios or relics''
firearms, parts, or ammunition.
Sec. 539. <<NOTE: Exports and imports. Firearms.>> None of the
funds made available by this Act may be used to pay the salaries or
expenses of personnel to deny, or fail to act on, an application for the
importation of any model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily adaptable
to sporting purposes.
Sec. 540. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2020''.
[[Page 133 STAT. 2434]]
DIVISION C-- <<NOTE: Financial Services and General Government
Appropriations Act, 2020.>> FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2020
TITLE I <<NOTE: Department of the Treasury Appropriations Act, 2020.>>
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the performance
of official business; executive direction program activities;
international affairs and economic policy activities; domestic finance
and tax policy activities, including technical assistance to State,
local, and territorial entities; and Treasury-wide management policies
and programs activities, $228,373,000: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2021, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Critical Infrastructure Protection
and Compliance Policy, including entering into
cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment in the
United States, $20,000,000, to remain available until expended:
Provided, <<NOTE: Notification.>> That the chairperson of the Committee
may transfer such amounts to any department or agency represented on the
Committee (including the Department of the Treasury) subject to advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts so
transferred shall remain available until expended for expenses of
implementing section 721 of the Defense Production Act of 1950, as
amended (50 U.S.C. 4565), and shall be available
[[Page 133 STAT. 2435]]
in addition to any other funds available to any department or agency:
Provided further, That fees authorized by section 721(p) of such Act
shall be credited to this appropriation as offsetting collections:
Provided further, That the total amount appropriated under this heading
from the general fund shall be reduced as such offsetting collections
are received during fiscal year 2020, so as to result in a total
appropriation from the general fund estimated at not more than
$10,000,000.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, human rights abusers, money launderers, drug
kingpins, and other national security threats, $169,712,000, of which
not less than $3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by the Global
Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):
Provided, That of the amounts appropriated under this heading, up to
$10,000,000 shall remain available until September 30, 2021.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $18,000,000, to remain
available until September 30, 2022: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
of the total amount made available under this heading $1,000,000 shall
be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under
this heading: Provided further, That such funds shall supplement and
not supplant any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $6,118,000, to remain
available until September 30, 2022: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this heading
shall be used to support or supplement ``Internal Revenue Service,
Operations Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
[[Page 133 STAT. 2436]]
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,044,000, including hire of passenger motor vehicles; of which not to
exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction of
the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2021, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which
not to exceed $1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Inspector General for Tax Administration;
$170,250,000, of which $5,000,000 shall remain available until September
30, 2021; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall be
available for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration; and of which not to exceed $1,500 shall be available
for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $22,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses
of non-Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; services
authorized by 5 U.S.C. 3109; not to exceed $12,000 for official
reception and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $126,000,000, of
which not to exceed $34,335,000 shall remain available until September
30, 2022.
[[Page 133 STAT. 2437]]
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $340,280,000; of which not to exceed $8,000,000, to remain
available until September 30, 2022, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$119,600,000; of which not to exceed $6,000 for official reception and
representation expenses; and of which not to exceed $50,000 shall be
available for cooperative research and development programs for
laboratory services; and provision of laboratory assistance to State and
local agencies with or without reimbursement: Provided, That of the
amount appropriated under this heading, $5,000,000 shall be for the
costs of accelerating the processing of formula and label applications:
Provided further, That of the amount appropriated under this heading,
$5,000,000, to remain available until September 30, 2021, shall be for
the costs associated with enforcement of the trade practice provisions
of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2020 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-III, $262,000,000. Of the amount
appropriated under this heading--
(1) not less than $165,500,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
[[Page 133 STAT. 2438]]
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September 30,
2021, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively, of
Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which
up to $1,600,000 may be available for training and outreach
under section 109 of Public Law 103-325 (12 U.S.C. 4708), of
which up to $2,397,500 may be used for the cost of direct loans,
of which up to $4,000,000, notwithstanding subsection (d) of
section 108 of Public Law 103-325 (12 U.S.C. 4707 (d)), may be
available to provide financial assistance, technical assistance,
training, and outreach to community development financial
institutions to expand investments that benefit individuals with
disabilities, and of which not less than $2,000,000 shall be for
the Economic Mobility Corps to be operated in conjunction with
the Corporation for National and Community Service, pursuant to
42 U.S.C. 12571: Provided, That the cost of direct and
guaranteed loans, 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 not to exceed $25,000,000: Provided further, That
of the funds provided under this paragraph, excluding those made
to community development financial institutions to expand
investments that benefit individuals with disabilities and those
made to community development financial institutions that serve
populations living in persistent poverty counties, the CDFI Fund
shall prioritize Financial Assistance awards to organizations
that invest and lend in high-poverty areas: Provided
further, <<NOTE: Definition. Time period.>> That for purposes
of this section, the term ``high-poverty area'' means any census
tract with a poverty rate of at least 20 percent as measured by
the 2011-2015 5-year data series available from the American
Community Survey of the Bureau of the Census for all States and
Puerto Rico or with a poverty rate of at least 20 percent as
measured by the 2010 Island Areas Decennial Census data for any
other territory or possession of the United States;
(2) not less than $16,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2021, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities
and provided primarily through qualified community development
lender organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations, and
other suitable providers;
(3) not less than $25,000,000 is available until September
30, 2021, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2021, for a
Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose of
offering
[[Page 133 STAT. 2439]]
affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities;
(5) not less than $5,000,000 is available until September
30, 2021, to provide grants for loan loss reserve funds and to
provide technical assistance for small dollar loan programs
under section 122 of Public Law 103-325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public Law
shall not apply to the provision of such grants and technical
assistance;
(6) up to $28,500,000 is available until September 30, 2020,
for administrative expenses, including administration of CDFI
Fund programs and the New Markets Tax Credit Program, of which
not less than $1,000,000 is for development of tools to better
assess and inform CDFI investment performance, and up to
$300,000 is for administrative expenses to carry out the direct
loan program; and
(7) during fiscal year 2020, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, <<NOTE: Termination
date. 12 USC 4713a note.>> That such section 114A shall remain
in effect until December 31, 2020: Provided further, That of
the funds awarded under this heading, not less than 10 percent
shall be used for awards that support investments that serve
populations living in persistent poverty counties: Provided
further, <<NOTE: Definition. Puerto Rico. Time period.>> That
for the purposes of this paragraph and paragraph (1) the term
``persistent poverty counties'' means any county, including
county equivalent areas in Puerto Rico, 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 2011-2015 5-year data series available from the American
Community Survey of the Bureau of the Census or any other
territory or possession of the United States that has had 20
percent or more of its population living in poverty over the
past 30 years, as measured by the 1990, 2000 and 2010 Island
Areas Decennial Censuses, or equivalent data, of the Bureau of
the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,511,554,000, of which not less than $11,000,000 shall
be for the Tax Counseling for the Elderly Program, of which not less
than $12,000,000 shall be available for low-income taxpayer clinic
grants, of which not less than $25,000,000, to remain available until
September 30, 2021, shall be available for the Community Volunteer
Income Tax Assistance Matching Grants Program for tax return preparation
[[Page 133 STAT. 2440]]
assistance, and of which not less than $209,000,000 shall be available
for operating expenses of the Taxpayer Advocate Service: Provided, That
of the amounts made available for the Taxpayer Advocate Service, not
less than $5,500,000 shall be for identity theft and refund fraud
casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to provide
legal and litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal revenue laws
and other financial crimes, to purchase and hire passenger motor
vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,010,000,000, of which not to exceed $250,000,000 shall
remain available until September 30, 2021; of which not less than
$60,257,000 shall be for the Interagency Crime and Drug Enforcement
program; and of which not to exceed $15,000,000 shall be for
investigative technology for the Criminal Investigation Division:
Provided, That the amount made available for investigative technology
for the Criminal Investigation Division shall be in addition to amounts
made available for the Criminal Investigation Division under the
``Operations Support'' heading.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,808,500,000, of which not to exceed $250,000,000 shall
remain available until September 30, 2021; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2022, for research; of which not less than $10,000,000, to remain
available until expended, shall be available for establishment of an
application through which entities registering and renewing
registrations in the System for Award Management may request an
authenticated electronic certification stating that the entity does or
does not have a seriously delinquent tax debt; and of which not to
exceed $20,000 shall be for official reception and representation
expenses: Provided, That <<NOTE: Reports. 26 USC 7801 note.>> not later
than 30 days after the end of each quarter, the Internal Revenue Service
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate and the Comptroller General of the
United States detailing the cost and schedule performance for its major
information technology investments, including the purpose and life-cycle
stages of the investments; the reasons for any cost and schedule
variances; the risks of such investments and strategies the Internal
Revenue
[[Page 133 STAT. 2441]]
Service is using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the next quarter:
Provided further, <<NOTE: Summaries.>> That the Internal Revenue Service
shall include, in its budget justification for fiscal year 2021, a
summary of cost and schedule performance information for its major
information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $180,000,000, to remain available until
September 30, 2022, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: <<NOTE: Reports. 26 USC 7801 note.>> Provided, That not
later than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations of the
House of Representatives and the Senate and the Comptroller General of
the United States detailing the cost and schedule performance for major
information technology investments, including the purposes and life-
cycle stages of the investments; the reasons for any cost and schedule
variances; the risks of such investments and the strategies the Internal
Revenue Service is using to mitigate such risks; and the expected
developmental milestones to be achieved and costs to be incurred in the
next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. <<NOTE: Advance approval.>> Not to exceed 4 percent of
the appropriation made available in this Act to the Internal Revenue
Service under the ``Enforcement'' heading, and not to exceed 5 percent
of any other appropriation made available in this Act to the Internal
Revenue Service, may be transferred to any other Internal Revenue
Service appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. <<NOTE: Confidentiality. Identify theft.>> The Internal
Revenue Service shall institute and enforce policies and procedures that
will safeguard the confidentiality of taxpayer information and protect
taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. <<NOTE: Notice.>> The Internal Revenue Service shall
issue a notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice shall be sent
[[Page 133 STAT. 2442]]
to both the employer's former and new address and an officer or employee
of the Internal Revenue Service shall give special consideration to an
offer-in-compromise from a taxpayer who has been the victim of fraud by
a third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory scrutiny
based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the Treasury
Inspector General for Tax Administration entitled ``Review of the August
2010 Small Business/Self-Employed Division's Conference in Anaheim,
California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 111. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 112. <<NOTE: Advance approval.>> Not to exceed 2 percent of
any appropriations in this title made available under the headings
``Departmental Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset Relief
Program'', ``Financial Crimes Enforcement Network'', ``Bureau of the
Fiscal Service'', and ``Alcohol and Tobacco Tax and Trade Bureau'' may
be transferred between such appropriations upon the advance approval of
the Committees on Appropriations of the House of
[[Page 133 STAT. 2443]]
Representatives and the Senate: Provided, That no transfer under this
section may increase or decrease any such appropriation by more than 2
percent.
Sec. 113. <<NOTE: Advance approval.>> Not to exceed 2 percent of
any appropriation made available in this Act to the Internal Revenue
Service may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 114. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 115. The Secretary of the Treasury may transfer funds from the
``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, <<NOTE: Reimbursement.>> That such amounts shall be reimbursed
to such salaries and expenses account from debt collections received in
the Debt Collection Fund.
Sec. 116. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States Mint
to construct or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 118. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2020 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2020.
Sec. 119. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 120. <<NOTE: Plan. Deadline.>> The Secretary of the Treasury
shall submit a Capital Investment Plan to the Committees on
Appropriations of the Senate and the House of Representatives not later
than 30 days following the submission of the annual budget submitted by
the President: Provided, That such Capital Investment Plan shall
include capital investment spending from all accounts within the
Department of the Treasury, including but not limited to the Department-
wide Systems and Capital Investment Programs account, Treasury Franchise
Fund account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
[[Page 133 STAT. 2444]]
expenditures occurring in previous fiscal years for each capital
investment project that has not been fully completed.
Sec. 121. <<NOTE: Reports.>> Within 45 days after the date of
enactment of this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the House of
Representatives and the Senate on the amount of total funds charged to
each office by the Franchise Fund including the amount charged for each
service provided by the Franchise Fund to each office, a detailed
description of the services, a detailed explanation of how each charge
for each service is calculated, and a description of the role customers
have in governing in the Franchise Fund.
Sec. 122. <<NOTE: Non profit organizations.>> During fiscal year
2020--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) <<NOTE: Applicability. Determination.>> the standard
and definitions as in effect on January 1, 2010, which are used
to make such determinations shall apply after the date of the
enactment of this Act for purposes of determining status under
section 501(c)(4) of such Code of organizations created on,
before, or after such date.
Sec. 123. <<NOTE: Time period. Reports.>> (a) Not later than 60
days after the end of each quarter, the Office of Financial Stability
and the Office of Financial Research shall submit reports on their
activities to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives and the Senate Committee on Banking,
Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) <<NOTE: Testimony.>> At the request of any such Committees
specified in subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available to testify
on the contents of the reports required under subsection (a).
Sec. 124. In addition to the amounts otherwise made available to
the Department of the Treasury, $25,000,000, to remain available until
expended, shall be for expenses associated with digitization and
distribution of the Department's records of matured savings bonds that
have not been redeemed.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2020''.
[[Page 133 STAT. 2445]]
TITLE II <<NOTE: Executive Office of the President Appropriations Act,
2020.>>
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3 U.S.C.
103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $13,081,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That <<NOTE: Notice. Deadlines.>> the
Executive Residence shall ensure that a written notice of any amount
owed for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after such
expense is incurred, and that such amount is collected within 30 days
after the submission of such notice: Provided further,
That <<NOTE: Penalties. Deadlines.>> the Executive Residence shall
charge interest and assess penalties and other charges on any such
amount that is not reimbursed within such 30 days, in accordance with
the interest and penalty provisions applicable to an outstanding debt
[[Page 133 STAT. 2446]]
on a United States Government claim under 31 U.S.C. 3717: Provided
further, That each such amount that is reimbursed, and any accompanying
interest and charges, shall be deposited in the Treasury as
miscellaneous receipts: Provided <<NOTE: Reports.>> further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable political events,
and the portion of each such amount that has been reimbursed as of the
date of the report: Provided further, <<NOTE: Records.>> That the
Executive Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to
remain available until expended, for required maintenance, resolution of
safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,000,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $11,500,000 of which not to exceed $5,000 shall be available for
official reception and representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $94,000,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
[[Page 133 STAT. 2447]]
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44,
United States Code, and to prepare and submit the budget of the United
States Government, in accordance with section 1105(a) of title 31,
United States Code, $101,600,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the altering of
the annual work plan developed by the Corps of Engineers for submission
to the Committees on Appropriations: Provided further, That none of the
funds provided in this or prior Acts shall be used, directly or
indirectly, by the Office of Management and Budget, for evaluating or
determining if water resource project or study reports submitted by the
Chief of Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process: Provided
further, <<NOTE: Deadline. Policy reviews.>> That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further,
That <<NOTE: Notification.>> the Director of the Office of Management
and Budget shall notify the appropriate authorizing and appropriating
committees when the 60-day review is initiated: Provided further,
That <<NOTE: Reports.>> if water resource reports have not been
transmitted to the appropriate authorizing and appropriating committees
within 15 days after the end of the Office of Management and Budget
review period based on the notification from the Director, Congress
shall assume Office of Management and Budget concurrence with the report
and act accordingly.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the Prioritizing
Resources and Organization for Intellectual Property Act of 2008 (Public
Law 110-403), including services authorized by 5 U.S.C. 3109,
$1,300,000.
[[Page 133 STAT. 2448]]
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended through Public
Law 115-271; not to exceed $10,000 for official reception and
representation expenses; and for participation in joint projects or in
the provision of services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or without
reimbursement, $18,400,000: Provided, <<NOTE: 21 USC 1702 note.>> That
the Office is authorized to accept, hold, administer, and utilize gifts,
both real and personal, public and private, without fiscal year
limitation, for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For <<NOTE: Deadline.>> necessary expenses of the Office of National
Drug Control Policy's High Intensity Drug Trafficking Areas Program,
$285,000,000, to remain available until September 30, 2021, for drug
control activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That any
unexpended funds obligated prior to fiscal year 2018 may be used for any
other approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2019, shall be funded at not less than the fiscal year
2019 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided
further, <<NOTE: Notifications. Deadlines. Determination. Consultation.>>
That the Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2020 funding among HIDTAs not later
than 45 days after enactment of this Act, and shall notify the
Committees of planned uses of discretionary HIDTA funding, as determined
in consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, <<NOTE: Determination.>> That
upon a determination that all or part of the funds so transferred from
this appropriation are not necessary for the purposes provided herein
and upon notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be transferred back
to this appropriation.
[[Page 133 STAT. 2449]]
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the National
Narcotics Leadership Act of 1988 and the Office of National Drug Control
Policy Reauthorization Act of 1998, as amended through Public Law 115-
271, $121,715,000, to remain available until expended, which shall be
available as follows: $101,250,000 for the Drug-Free Communities
Program, of which $2,500,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by section 8204 of Public Law
115-271; $2,500,000 for drug court training and technical assistance;
$10,000,000 for anti-doping activities; $2,715,000 for the United States
membership dues to the World Anti-Doping Agency; $1,250,000 for the
Model Acts Program; and $4,000,000 for activities authorized by section
103 of Public Law 114-198: Provided, That amounts made available under
this heading may be transferred to other Federal departments and
agencies to carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000, to remain available until
September 30, 2021.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated, efficient,
secure, and effective uses of information technology in the Federal
Government, $15,000,000, to remain available until expended: Provided,
That the Director of the Office of Management and Budget may transfer
these funds to one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
[[Page 133 STAT. 2450]]
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. <<NOTE: Advance approval.>> From funds made available in
this Act under the headings ``The White House'', ``Executive Residence
at the White House'', ``White House Repair and Restoration'', ``Council
of Economic Advisers'', ``National Security Council and Homeland
Security Council'', ``Office of Administration'', ``Special Assistance
to the President'', and ``Official Residence of the Vice President'',
the Director of the Office of Management and Budget (or such other
officer as the President may designate in writing), may, with advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10 percent of any
such appropriation to any other such appropriation, to be merged with
and available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
Sec. 202. <<NOTE: President. Cost estimates.>> (a) During fiscal
year 2020, any Executive order or Presidential memorandum issued or
revoked by the President shall be accompanied by a written statement
from the Director of the Office of Management and Budget on the
budgetary impact, including costs, benefits, and revenues, of such order
or memorandum.
(b) <<NOTE: Time period.>> Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed by
Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2020; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2020.
(c) <<NOTE: Deadline.>> If an Executive order or Presidential
memorandum is issued during fiscal year 2020 due to a national
emergency, the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15 days after
the date that such order or memorandum is issued.
(d) <<NOTE: Cost estimates. Applicability.>> The requirement for
cost estimates for Presidential memoranda shall only apply for
Presidential memoranda estimated to have a regulatory cost in excess of
$100,000,000.
Sec. 203. <<NOTE: Deadline. Memorandum.>> Not later than 45 days
after the date of enactment of this Act, the Director of the Office of
Management and Budget shall issue a memorandum to all Federal
departments, agencies,
[[Page 133 STAT. 2451]]
and corporations directing compliance with the provisions in title VII
of this Act.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2020''.
TITLE III <<NOTE: Judiciary Appropriations Act, 2020.>>
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $87,699,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $15,590,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $32,700,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $19,564,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees
[[Page 133 STAT. 2452]]
of the Federal Judiciary not otherwise specifically provided for,
necessary expenses of the courts, and the purchase, rental, repair, and
cleaning of uniforms for Probation and Pretrial Services Office staff,
as authorized by law, $5,250,234,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for furniture
and furnishings related to new space alteration and construction
projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$9,070,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b);
and for necessary training and general administrative expenses,
$1,234,574,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $53,545,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States
[[Page 133 STAT. 2453]]
courthouses and other facilities housing Federal court operations, and
the procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-702),
$639,165,000, of which not to exceed $20,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $94,261,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $30,436,000; of which $1,800,000 shall remain
available through September 30, 2021, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $19,670,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
[[Page 133 STAT. 2454]]
may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services'' and ``Courts of Appeals, District
Courts, and Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under sections 604 and 608 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. <<NOTE: Applicability.>> Section 3315(a) of title 40,
United States Code, shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and notwithstanding
any other provision of law, the United States Marshals Service shall
provide, for such courthouses as its Director may designate in
consultation with the Director of the Administrative Office of the
United States Courts, for purposes of a pilot program, the security
services that 40 U.S.C. 1315 authorizes the Department of Homeland
Security to provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). <<NOTE: Reimbursement.>> For building-specific security
services at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States Marshals
Service rather than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``28 years and 6 months'' and inserting
``29 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``25 years and 6 months'' and inserting
``26 years and 6 months''.
(b) Section 406 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. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``26 years and 6 months'' and
inserting ``27 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``17 years'' and
inserting ``18 years'';
(2) in the second sentence (relating to the central District
of California), by striking ``16 years and 6 months'' and
inserting ``17 years and 6 months''; and
[[Page 133 STAT. 2455]]
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``15 years'' and inserting ``16
years''.
This title may be cited as the ``Judiciary Appropriations Act,
2020''.
TITLE IV <<NOTE: District of Columbia Appropriations Act, 2020.>>
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided
further, <<NOTE: Account.>> That the District of Columbia government
shall maintain a dedicated account for the Resident Tuition Support
Program that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any unobligated
balances from prior fiscal years, and any interest earned in this or any
fiscal year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer, who shall
use those funds solely for the purposes of carrying out the Resident
Tuition Support Program: Provided further, That <<NOTE: Reports.>> the
Office of the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations of the House of
Representatives and the Senate for these funds showing, by object class,
the expenditures made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For <<NOTE: Determination. Consultation.>> a Federal payment of
necessary expenses, as determined by the Mayor of the District of
Columbia in written consultation with the elected county or city
officials of surrounding jurisdictions, $18,000,000, to remain available
until expended, for the costs of providing public safety at events
related to the presence of the National Capital in the District of
Columbia, including support requested by the Director of the United
States Secret Service in carrying out protective duties under the
direction of the Secretary of Homeland Security, and for the costs of
providing support to respond to immediate and specific terrorist threats
or attacks in the District of Columbia or surrounding jurisdictions.
[[Page 133 STAT. 2456]]
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$250,088,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,682,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $125,638,000, of which not to exceed $2,500
is for official reception and representation expenses; for the District
of Columbia Court System, $75,518,000, of which not to exceed $2,500 is
for official reception and representation expenses; and $34,250,000, to
remain available until September 30, 2021, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and facilities condition
assessment: Provided further, That, in addition to the amounts
appropriated herein, fees received by the District of Columbia Courts
for administering bar examinations and processing District of Columbia
bar admissions may be retained and credited to this appropriation, to
remain available until expended, for salaries and expenses associated
with such activities, notwithstanding section 450 of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50): Provided
further, <<NOTE: Time period.>> That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided
further, <<NOTE: Deadline. Notification.>> That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration in
the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for employees of the District
of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments authorized
under section 21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $46,005,000, to remain available
until expended: Provided, That funds provided under this heading shall
be administered by the Joint Committee on Judicial Administration in the
District of Columbia: Provided <<NOTE: Time period.>> further, That,
[[Page 133 STAT. 2457]]
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$248,524,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed $25,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002: Provided, That, of the funds appropriated under this heading,
$181,065,000 shall be for necessary expenses of Community Supervision
and Sex Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the provision of
services for or related to such persons, of which $3,818,000 shall
remain available until September 30, 2022 for costs associated with
relocation under a replacement lease for headquarters offices, field
offices, and related facilities: Provided further, That, of the funds
appropriated under this heading, $67,459,000 shall be available to the
Pretrial Services Agency, of which $998,000 shall remain available until
September 30, 2022 for costs associated with relocation under a
replacement lease for headquarters offices, field offices, and related
facilities: Provided further, <<NOTE: Time period.>> That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That amounts under this heading may be used for
programmatic incentives for defendants to successfully complete their
terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $44,011,000, of which $344,000 shall remain
available until September 30, 2022 for costs associated with relocation
under a replacement lease for headquarters offices, field offices, and
related <<NOTE: Time period.>> facilities: Provided, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies: Provided
further, That the District of Columbia Public Defender Service may
establish for employees of the District of Columbia Public Defender
Service a program substantially similar to the program set forth in
subchapter II of chapter 35 of title 5, United States Code, except that
the maximum amount of the payment
[[Page 133 STAT. 2458]]
made under the program to any individual may not exceed the amount
referred to in section 3523(b)(3)(B) of title 5, United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,150,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2021,
to the Commission on Judicial Disabilities and Tenure, $325,000, and for
the Judicial Nomination Commission, $275,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until expended,
for payments authorized under the Scholarships for Opportunity and
Results Act (division C of Public Law 112-10):
Provided, <<NOTE: Scholarships.>> That, to the extent that funds are
available for opportunity scholarships and following the priorities
included in section 3006 of such Act, the Secretary of Education shall
make scholarships available to students eligible under section 3013(3)
of such Act (Public Law 112-10; 125 Stat. 211) including students who
were not offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships up to $1,200,000 shall be for the activities specified in
sections 3007(b) through 3007(d) of the Act and up to $500,000 shall be
for the activities specified in section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$413,000, to remain available until expended for the Major General David
F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing of
individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
[[Page 133 STAT. 2459]]
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth in the Fiscal
Year 2020 Local Budget Act of 2019 (D.C. Act 23-78) and at rates set
forth under such Act, as amended as of the date of enactment of this
Act: Provided, That notwithstanding any other provision of law, except
as provided in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the
Financial Services and General Government Appropriations Act, 2009
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2020 under this
heading shall not exceed the estimates included in the Fiscal Year 2020
Local Budget Act of 2019, as amended as of the date of enactment of this
Act or the sum of the total revenues of the District of Columbia for
such fiscal year: Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital
needs: <<NOTE: Compliance.>> Provided further, That such increases
shall be approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of Columbia Home
Rule Act: Provided further, That the Chief Financial Officer of the
District of Columbia shall take such steps as are necessary to assure
that the District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2020, except
that the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
This title may be cited as the ``District of Columbia Appropriations
Act, 2020''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,250,000, to remain
available until September 30, 2021, of which not to exceed $1,000 is for
official reception and representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and
[[Page 133 STAT. 2460]]
not to exceed $4,000 for official reception and representation expenses,
$132,500,000, of which $1,300,000 shall remain available until expended
to carry out the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety Act
(Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2020, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the Consumer
Product Safety Commission in the Federal Register on November 19, 2014
(79 Fed. Reg. 68964) until after--
(1) <<NOTE: Consultation. Study. Determination.>> the
National Academy of Sciences, in consultation with the National
Highway Traffic Safety Administration and the Department of
Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements were
adopted; and
(2) <<NOTE: Reports.>> a report containing the results of
the study completed under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $15,171,000, of which $1,500,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act of
2002; and of which $2,400,000 shall remain available until September 30,
2021, for relocation expenses.
[[Page 133 STAT. 2461]]
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of
2002 (52 U.S.C. 20904(c)(2)(B)), $425,000,000 is provided to the
Election Assistance Commission for necessary expenses to make payments
to States for activities to improve the administration of elections for
Federal office, including to enhance election technology and make
election security improvements, as authorized by sections 101, 103, and
104 of such <<NOTE: Applicability.>> Act: Provided, That for purposes
of applying such sections, the Commonwealth of the Northern Mariana
Islands shall be deemed to be a State and, for purposes of sections
101(d)(2) and 103(a) shall be treated in the same manner as the
Commonwealth of Puerto Rico, Guam, American Samoa, and the United States
Virgin Islands: Provided further, That each reference to the
``Administrator of General Services'' or the ``Administrator'' in
sections 101 and 103 shall be deemed to refer to the ``Election
Assistance Commission'': Provided further, That each reference to
``$5,000,000'' in section 103 shall be deemed to refer to ``$3,000,000''
and each reference to ``$1,000,000'' in section 103 shall be deemed to
refer to <<NOTE: Deadline.>> ``$600,000'': Provided further, That not
later than 45 days after the date of enactment of this Act, the Election
Assistance Commission shall make the payments to States under this
heading: Provided <<NOTE: Deadline.>> further, That not later than two
years after receiving a payment under this heading, a State shall make
available funds for such activities in an amount equal to 20 percent of
the total amount of the payment made to the State under this heading.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $339,000,000, to remain available until expended: Provided, That
$339,000,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2020 so as to result in a final fiscal year
2020 appropriation estimated at $0: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
competitive bidding system that may be retained and made available for
obligation shall not exceed $132,539,000 for fiscal year 2020: Provided
further, That, of the amount appropriated under this heading, not less
than $11,105,700 shall be for the salaries and expenses of the Office of
Inspector General.
[[Page 133 STAT. 2462]]
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act <<NOTE: 118 Stat. 3998.>> is amended by
striking ``December 31, 2019'' each place it appears and inserting
``December 31, 2020''.
Sec. 511. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004, recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,982,000, to be derived from the Deposit Insurance Fund or, only when
appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $71,497,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of conference
rooms in the District of Columbia and elsewhere, $24,890,000: Provided,
That public members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as authorized by law
(5 U.S.C. 5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109: Provided
further, That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account, to be
available without further appropriation for the costs of carrying out
these conferences.
[[Page 133 STAT. 2463]]
Federal Permitting Improvement Steering Council
environmental review improvement fund
(including transfer of funds)
For necessary expenses of the Environmental Review Improvement Fund
established pursuant to 42 U.S.C. 4370m-8(d), $8,000,000, to remain
available until expended: Provided, That funds appropriated in prior
appropriations Acts under the heading ``General Services
Administration--General Activities--Environmental Review Improvement
Fund'' shall be transferred to and merged with this account.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $331,000,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $141,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $18,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2020, so as to result in a final fiscal year
2020 appropriation from the general fund estimated at not more than
$172,000,000: Provided further, That none of the funds made available
to the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
[[Page 133 STAT. 2464]]
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts <<NOTE: Advance approvals.>> in the Fund, including
revenues and collections deposited into the Fund, shall be available for
necessary expenses of real property management and related activities
not otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation, and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings, including grounds, approaches,
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate amount of
$8,856,530,000, of which--
(1) $152,400,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) for
the San Luis I Land Port of Entry, San Luis, Arizona: Provided,
That the foregoing limit of costs on new construction and
acquisition may be exceeded to the extent that savings are
effected in other such projects, but not to exceed 10 percent of
the amounts included in a transmitted prospectus, if required,
unless advance approval is obtained from the Committees on
Appropriations of a greater amount;
(2) $833,752,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $451,695,000 is for Major Repairs and
Alterations; and
(B) $382,057,000 is for Basic Repairs and
Alterations:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or any
previous Act may be increased by an amount not to exceed 10
percent unless advance approval is obtained from the Committees
on Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any
[[Page 133 STAT. 2465]]
prior Act for ``Repairs and Alterations'' may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security
in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference between
the funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used to
fund authorized increases in prospectus projects: Provided
further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized increases
in prospectus projects;
(3) $5,497,561,000 for rental of space to remain available
until expended; and
(4) $2,372,817,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended for
each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available in
the Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under 40
U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on private
or other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections: Provided
further, That revenues and collections and any other sums
accruing to this Fund during fiscal year 2020, excluding
reimbursements under 40 U.S.C. 592(b)(2), in excess of the
aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, travel, motor vehicles, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; $64,000,000.
[[Page 133 STAT. 2466]]
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction, management, and communications; and services as authorized by
5 U.S.C. 3109; $49,440,000, of which $26,890,000 is for Real and
Personal Property Management and Disposal; and of which $22,550,000 is
for the Office of the Administrator, of which not to exceed $7,500 is
for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$9,301,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $67,000,000: Provided, That not to
exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,851,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for necessary expenses in support of interagency projects that enable
the Federal Government to enhance its ability to conduct activities
electronically, through the development and implementation of innovative
uses of information technology; $55,000,000, to be deposited into the
Federal Citizen Services Fund: Provided, That the previous amount may
be transferred to Federal agencies to carry out the purpose of the
Federal Citizen Services Fund: Provided further, That the
appropriations, revenues, reimbursements, and collections deposited into
the Fund shall be available until expended for necessary expenses of
Federal Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities electronically
in the aggregate amount not to exceed $100,000,000: Provided further,
That appropriations, revenues, reimbursements, and collections accruing
to this Fund during fiscal year 2020 in excess of such amount shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts: Provided further, That,
[[Page 133 STAT. 2467]]
of the total amount appropriated, up to $5,000,000 shall be available
for support functions and full-time hires to support activities related
to the Administration's requirements under Title II of the Foundations
for Evidence-Based Policymaking Act (Public Law 115-435): Provided
further, That the transfer authorities provided herein shall be in
addition to any other transfer authority provided in this Act.
pre-election presidential transition
(including transfer of funds)
For activities authorized by the Pre-Election Presidential
Transition Act of 2010 (Public Law 111-283), not to exceed $9,620,000,
to remain available until September 30, 2021: Provided, That such
amounts may be transferred to ``Acquisition Services Fund'' or ``Federal
Buildings Fund'' to reimburse obligations incurred for the purposes
provided herein in fiscal years 2019 and 2020: Provided further, That
amounts made available under this heading shall be in addition to any
other amounts available for such purposes.
technology modernization fund
For the Technology Modernization Fund, $25,000,000, to remain
available until expended, for technology-related modernization
activities.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2020 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: <<NOTE: Advance approval.>> Provided, That any
proposed transfers shall be approved in advance by the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 522. <<NOTE: Courts. Study.>> Except as otherwise provided in
this title, funds made available by this Act shall be used to transmit a
fiscal year 2021 request for United States Courthouse construction only
if the request: (1) meets the design guide standards for construction as
established and approved by the General Services Administration, the
Judicial Conference of the United States, and the Office of Management
and Budget; (2) reflects the priorities of the Judicial Conference of
the United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or expanded.
Sec. 523. <<NOTE: Determination.>> None of the funds provided in
this Act may be used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any agency that
does not pay the rate per square foot assessment for space and services
as determined by the General Services Administration
[[Page 133 STAT. 2468]]
in consideration of the Public Buildings Amendments Act of 1972 (Public
Law 92-313).
Sec. 524. <<NOTE: Notification.>> From funds made available under
the heading Federal Buildings Fund, Limitations on Availability of
Revenue, claims against the Government of less than $250,000 arising
from direct construction projects and acquisition of buildings may be
liquidated from savings effected in other construction projects with
prior notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. <<NOTE: Contracts. Determination. Statement.>> In any
case in which the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease authority pursuant
to a prospectus transmitted to Congress by the Administrator of the
General Services Administration under 40 U.S.C. 3307, the Administrator
shall ensure that the delineated area of procurement is identical to the
delineated area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the delineated area of
the procurement should not be identical to the delineated area included
in the prospectus, the Administrator shall provide an explanatory
statement to each of such committees and the Committees on
Appropriations of the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. <<NOTE: Spending plan. Deadline.>> With respect to each
project funded under the heading ``Major Repairs and Alterations'', and
with respect to E-Government projects funded under the heading ``Federal
Citizen Services Fund'', the Administrator of General Services shall
submit a spending plan and explanation for each project to be undertaken
to the Committees on Appropriations of the House of Representatives and
the Senate not later than 60 days after the date of enactment of this
Act.
Sec. 527. In addition to the amounts otherwise made available in
this Act for the General Services Administration, $3,000,000, to remain
available until expended, shall be for the Administrator of General
Services to implement changes to the System for Award Management
providing for submission of the authenticated certification described
under the heading ``Internal Revenue Service, Operations Support''.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust Fund,
established by section 10 of Public Law 93-642, $1,670,000, to remain
available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including
[[Page 133 STAT. 2469]]
services as authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger motor
vehicles, direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses, $44,490,000,
to remain available until September 30, 2021, and in addition not to
exceed $2,345,000, to remain available until September 30, 2021, for
administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,800,000, to remain available until expended, of
which, notwithstanding sections 8 and 9 of such Act, up to $1,000,000
shall be available to carry out the activities authorized by section
6(7) of Public Law 102-259 and section 817(a) of Public Law 106-568 (20
U.S.C. 5604(7)): Provided, That all current and previous amounts
transferred to the Office of Inspector General of the Department of the
Interior will remain available until expended for audits and
investigations of the Morris K. Udall and Stewart L. Udall Foundation,
consistent with the Inspector General Act of 1978 (5 U.S.C. App.), as
amended, and for annual independent financial audits of the Morris K.
Udall and Stewart L. Udall Foundation pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289): Provided further, That
previous amounts transferred to the Office of Inspector General of the
Department of the Interior may be transferred to the Morris K. Udall and
Stewart L. Udall Foundation for annual independent financial audits
pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law
107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,200,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the operations
and maintenance of the electronic records archives, the hire of
passenger motor vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning, $359,000,000, of which $22,000,000
[[Page 133 STAT. 2470]]
shall remain available until expended for the repair and alteration of
the National Archives facility in College Park, Maryland, and related
improvements necessary to enhance the Federal Government's ability to
electronically preserve, manage, and store Government records, and of
which up to $2,000,000 shall remain available until expended to
implement the Civil Rights Cold Case Records Collection Act of 2018
(Public Law 115-426).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of 2008,
Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General
Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor
vehicles, $4,823,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $6,500,000, to
remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000 shall be
available until September 30, 2021, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $17,500,000.
[[Page 133 STAT. 2471]]
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of
1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of OPM and the Federal
Bureau of Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem and/or
subsistence allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of duty,
$145,130,000: Provided, That of the total amount made available under
this heading, up to $14,000,000 shall remain available until expended,
for information technology infrastructure modernization and Trust Fund
Federal Financial System migration or modernization, and shall be in
addition to funds otherwise made available for such purposes: Provided
further, That of the total amount made available under this heading,
$1,068,000 may be made available for strengthening the capacity and
capabilities of the acquisition workforce (as defined by the Office of
Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of such
workforce and information technology in support of acquisition workforce
effectiveness or for management solutions to improve acquisition
management; and in addition $154,625,000 for administrative expenses, to
be transferred from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed materials, for
the retirement and insurance programs: Provided further, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United
States Code: Provided further, That no part of this appropriation shall
be available for salaries and expenses of the Legal Examining Unit of
OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or
any successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year 2020, accept
donations of money, property, and personal services: Provided further,
That such donations, including those from prior years, may be used for
the development of publicity materials to provide information about the
White House Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission.
[[Page 133 STAT. 2472]]
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,000,000, and in addition, not to exceed $25,265,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel, including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles; $27,500,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and Enhancement
Act (Public Law 109-435), $16,615,000, to be derived by transfer from
the Postal Service Fund and expended as authorized by section 603(a) of
such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $8,200,000, to
remain available until September 30, 2021.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,815,000,000, to remain
[[Page 133 STAT. 2473]]
available until expended; of which not less than $15,662,000 shall be
for the Office of Inspector General; of which not to exceed $75,000
shall be available for a permanent secretariat for the International
Organization of Securities Commissions; and of which not to exceed
$100,000 shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other regulatory
officials, members of their delegations and staffs to exchange views
concerning securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of Commission
staff and foreign invitees in attendance including: (1) incidental
expenses such as meals; (2) travel and transportation; and (3) related
lodging or subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement lease for the
Commission's New York Regional Office facilities, not to exceed
$10,525,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year
2020, all amounts appropriated under this heading shall be deemed to be
the regular appropriation to the Commission for fiscal year 2020:
Provided, That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further, That not to
exceed $1,815,000,000 of such offsetting collections shall be available
until expended for necessary expenses of this account and not to exceed
$10,525,000 of such offsetting collections shall be available until
expended for move, replication, and related costs under this heading
associated with a replacement lease for the Commission's New York
Regional Office facilities: Provided further, That the total amount
appropriated under this heading from the general fund for fiscal year
2020 shall be reduced as such offsetting fees are received so as to
result in a final total fiscal year 2020 appropriation from the general
fund estimated at not more than $0: Provided further, That if any
amount of the appropriation for move, replication, and related costs
associated with a replacement lease for the Commission's New York
Regional Office facilities is subsequently de-obligated by the
Commission, such amount that was derived from the general fund shall be
returned to the general fund, and such amounts that were derived from
fees or assessments collected for such purpose shall be paid to each
national securities exchange and national securities association,
respectively, in proportion to any fees or assessments paid by such
national securities exchange or national securities association under
section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) in
fiscal year 2020.
administrative provision--securities and exchange commission
Sec. 530. <<NOTE: Reports.>> Within one year of the enactment of
this Act, the Securities and Exchange Commission shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and Urban
Affairs of the Senate, a report concerning the Municipal Securities
Rulemaking Board. The report shall detail:
(1) the Commission's legal authorities with respect to:
[[Page 133 STAT. 2474]]
(A) the composition of the board and the selection
of board members; and
(B) the compensation of board members and executive
staff;
(2) whether board member and executive staff compensation is
commensurate with that of State and local public finance
officials, including State treasurers and municipal finance
directors; and
(3) whether the current board member selection process
ensures adequate representation of municipal securities
stakeholders and accountability to local governments and
municipal bondholders.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $27,100,000:
Provided, <<NOTE: President.>> That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary in the
interest of national defense: Provided further,
That <<NOTE: Induction.>> none of the funds appropriated by this Act may
be expended for or in connection with the induction of any person into
the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $270,157,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided further,
That, notwithstanding 31 U.S.C. 3302, revenues received from all such
activities shall be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a) of
division K of Public Law 108-447, during fiscal year 2020: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2021:
Provided further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small Business
Act (15 U.S.C. 657d).
[[Page 133 STAT. 2475]]
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $261,000,000, to remain available until
September 30, 2021: Provided, That $135,000,000 shall be available to
fund grants for performance in fiscal year 2020 or fiscal year 2021 as
authorized by section 21 of the Small Business Act: Provided further,
That $34,500,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $19,000,000 shall be available for
grants to States to carry out export programs that assist small business
concerns authorized under section 22(l) of the Small Business Act (15
U.S.C. 649(l)).
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,
$21,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out the
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
$9,120,000, to remain available until expended.
business loans program account
(including transfers of funds)
For the cost of direct loans, $5,000,000, to remain available until
expended, and for the cost of guaranteed loans as authorized by section
7(a) of the Small Business Act (Public Law 83-163), $99,000,000, 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 subject to
section 502 of the Congressional Budget Act of 1974, during fiscal year
2020 commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2020 commitments for general
business loans authorized under section 7(a) of the Small Business Act
shall not exceed $30,000,000,000 for a combination of amortizing term
loans and the aggregated maximum line of credit provided by revolving
loans: Provided further, That during fiscal year 2020 commitments for
loans authorized under subparagraph (C) of section 502(7) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2020
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2020,
guarantees of trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of $12,000,000,000. In
addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $155,150,000, which
[[Page 133 STAT. 2476]]
may be transferred to and merged with the appropriations for Salaries
and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $177,136,000, to
be available until expended, of which $1,600,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $167,136,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $8,400,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses: Provided, That, of the funds provided under this heading,
$150,888,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major disasters
under this heading is designated by Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177).
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 541. <<NOTE: Advance approval.>> Not to exceed 3 percent of
any appropriation made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses'' and
``Business Loans Program Account'' may be transferred to the
Administration's information technology system modernization and working
capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of
division A of the National Defense Authorization Act for Fiscal Year
2018, for the purposes specified in section 1077(b)(3) of such Act, upon
the advance approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2023.
[[Page 133 STAT. 2477]]
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $56,711,000: Provided, That
mail <<NOTE: Mail.>> for overseas voting and mail for the blind shall
continue to be free: Provided further, That 6-day delivery and rural
delivery of mail shall continue at not less than the 1983 level:
Provided further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or local child
support enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for information
requested or provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post offices:
Provided further, That the Postal Service may not destroy, and shall
continue to offer for sale, any copies of the Multinational Species
Conservation Funds Semipostal Stamp, as authorized under the
Multinational Species Conservation Funds Semipostal Stamp Act of 2010
(Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$250,000,000, to be derived by transfer from the Postal Service Fund and
expended as authorized by section 603(b)(3) of the Postal Accountability
and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for
official reception and representation expenses: $53,000,000, of which
$1,000,000 shall remain available until expended: Provided, That travel
expenses of the judges shall be paid upon the written certificate of the
judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. 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.
[[Page 133 STAT. 2478]]
Sec. 602. 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. 603. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, 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. 604. 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. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. 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 chapter 83 of title 41, United
States Code.
Sec. 607. 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 chapter 83 of title 41, United States Code.
Sec. 608. <<NOTE: Advance approval.>> 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 the Committee on Appropriations of either the House of
Representatives or the Senate 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 or reorganizes offices, programs, or activities unless prior
approval is received from the Committees on Appropriations of the House
of Representatives and the Senate: Provided, That
prior <<NOTE: Consultation.>> to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities, each agency or entity funded in this Act shall consult with
the Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That <<NOTE: Reports.>> 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
House of Representatives and the Senate to establish the baseline
[[Page 133 STAT. 2479]]
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, <<NOTE: Applicability.>> That at
a minimum the report shall include: (1) a table for each appropriation,
detailing both full-time employee equivalents and budget authority, with
separate columns 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; (2) 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, in the accompanying
report, or in the budget appendix for the respective appropriation,
whichever is more detailed, and which shall apply to all items for which
a dollar amount is specified and to all programs for which new budget
authority is provided, as well as to discretionary grants and
discretionary grant allocations; and (3) an identification of items of
special congressional interest: <<NOTE: Penalties.>> Provided further,
That the amount appropriated or limited for salaries and expenses for an
agency shall be reduced by $100,000 per day for each day after the
required date that the report has not been submitted to the Congress.
Sec. 609. 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, <<NOTE: Approval request.>> That a request shall
be submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official <<NOTE: Background investigation.>>
background investigation report on any individual from the
Federal Bureau of Investigation; or
(2) a determination <<NOTE: Determination. Tax exemption.>>
with respect to the treatment of an organization as described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code from the
Department of the Treasury or the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the <<NOTE: Background investigation. Deadline.>>
case of an official background investigation report, if such
individual has given express written consent for such request
not more than 6 months prior to the date of such request and
during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations
[[Page 133 STAT. 2480]]
Act) funds made available to the Office of Personnel Management pursuant
to court approval.
Sec. 613. <<NOTE: Abortion.>> No funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefits program which provides any benefits or coverage for
abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title 41,
United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the Securities
and Exchange Commission by this or any other Act may be used for the
interagency funding and sponsorship of a joint advisory committee to
advise on emerging regulatory issues.
Sec. 618. <<NOTE: Contracts. Consultation.>> (a)(1) Notwithstanding
any other provision of law, an Executive agency covered by this Act
otherwise authorized to enter into contracts for either leases or the
construction or alteration of real property for office, meeting,
storage, or other space must consult with the General Services
Administration before issuing a solicitation for offers of new leases or
construction contracts, and in the case of succeeding leases, before
entering into negotiations with the current lessor.
(2) <<NOTE: President.>> Any such agency with authority to enter
into an emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect to such
agency.
(b) For <<NOTE: Definition.>> purposes of this section, the term
``Executive agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General Services
Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
[[Page 133 STAT. 2481]]
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter 84
of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation on
the use of funds contained in this Act.
Sec. 620. <<NOTE: Time periods.>> (a) In addition to amounts made
available in prior fiscal years, the Public Company Accounting Oversight
Board (Board) shall have authority to obligate funds for the scholarship
program established by section 109(c)(2) of the Sarbanes-Oxley Act of
2002 (Public Law 107-204) in fiscal year 2020 in an aggregate amount not
exceeding the amount of funds collected by the Board between January 1,
2019, and September 30, 2019, including accrued interest, and between
October 1, 2019, and September 30, 2020, including accrued interest, as
a result of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2020 shall remain available until expended.
(b) Beginning in <<NOTE: Effective dates. Time periods. 15 USC 7219
note.>> fiscal year 2021 and for each fiscal year thereafter, the Board
shall have authority to obligate funds for the scholarship program
established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002
(Public Law 107-204) in such fiscal year in an aggregate amount not
exceeding the amounts of funds collected by the Board between October 1
and September 30 of such fiscal year, including accrued interest, as a
result of the assessment of monetary penalties. Funds made available for
obligation in any fiscal year shall be in addition to amounts made
available in prior fiscal years and shall remain available until
expended.
Sec. 621. None <<NOTE: Reports. Compliance.>> of the funds made
available in this Act may be used by the Federal Trade Commission to
complete the draft report entitled ``Interagency Working Group on Food
Marketed to Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency Working Group
on Food Marketed to Children complies with Executive Order No. 13563.
Sec. 622. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts <<NOTE: Consultation.>> appropriated for any executive
branch agency funded by this Act that are available for information
technology shall be allocated within the agency, consistent with the
provisions
[[Page 133 STAT. 2482]]
of appropriations Acts and budget guidelines and recommendations from
the Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 623. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 624. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is in
electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the United States.
Sec. 625. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change the
rules or regulations of the Commission for universal service high-cost
support for competitive eligible telecommunications carriers in a way
that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307
of title 47, Code of Federal Regulations, as in effect on July 15, 2015:
Provided, That this section shall not prohibit the Commission from
considering, developing, or adopting other support mechanisms as an
alternative to Mobility Fund Phase II.
Sec. 626. No funds <<NOTE: Records.>> provided in this Act shall 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, 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. 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. 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. <<NOTE: Reports. Compliance.>> 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. 627. (a) None <<NOTE: Pornography.>> of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution,
adjudication activities, or other law enforcement- or victim assistance-
related activity.
Sec. 628. None of <<NOTE: Contracts. Determination.>> the funds
appropriated or other-wise made available by this Act may be used to pay
award or incentive fees for contractors whose performance has been
judged to be below
[[Page 133 STAT. 2483]]
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 and unless such awards or incentive fees are consistent
with 16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 629. (a) None <<NOTE: Determinations. Notifications.>> of the
funds made available under this Act may be used to pay for travel and
conference activities that result in a total cost to an Executive branch
department, agency, board or commission funded by this Act of more than
$500,000 at any single conference unless the agency or entity determines
that such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
(b) None of the funds made available under this Act may be used to
pay for the travel to or attendance of more than 50 employees, who are
stationed in the United States, at any single conference occurring
outside the United States unless the agency or entity determines that
such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
Sec. 630. None of the funds made available by this Act may be used
for first-class or business-class travel by the employees of executive
branch agencies funded by this Act in contravention of sections 301-
10.122 through 301-10.125 of title 41, Code of Federal Regulations.
Sec. 631. In addition to any amounts appropriated or otherwise made
available for expenses related to enhancements to www.oversight.gov,
$1,000,000, to remain available until expended, shall be provided for an
additional amount for such purpose to the Inspectors General Council
Fund established pursuant to Section 11(c)(3)(B) of the Inspector
General Act of 1978 (5 U.S.C. App.): Provided, That these amounts shall
be in addition to any amounts or any authority available to the Council
of the Inspectors General on Integrity and Efficiency under section 11
of the Inspector General Act of 1978 (5 U.S.C. App.).
Sec. 632. Of the unobligated balances from prior year
appropriations available under the heading ``Small Business
Administration--Business Loans Program Account'' heading, $16,369,000
are hereby permanently rescinded: Provided, That no amounts may be
rescinded under this section 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. 633. None of <<NOTE: Notification.>> the funds made available
by this Act may be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management and Budget
Circular A-87 (revised May 10, 2004), unless advance notice of such an
obligation is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 634. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the
[[Page 133 STAT. 2484]]
disclosure of political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
Sec. 635. None of the funds appropriated by this Act may be used to
enforce section 540 of Public Law 110-329 (122 Stat. 3688) or section
538 of Public Law 112-74 (125 Stat. 976; 6 U.S.C. 190 note).
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. <<NOTE: Drug-free workplace.>> No department, agency, or
instrumentality of the United States receiving appropriated funds under
this or any other Act for fiscal year 2020 shall obligate or expend any
such funds, unless such department, agency, or instrumentality has in
place, and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the illegal
use, possession, or distribution of controlled substances (as defined in
the Controlled Substances Act (21 U.S.C. 802)) by the officers and
employees of such department, agency, or instrumentality.
Sec. 702. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States Code, for
the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement vehicles, protective vehicles, and
undercover surveillance vehicles), is hereby fixed at $19,947 except
station wagons for which the maximum shall be $19,997: Provided, That
these limits may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in this section
may not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles: Provided further, That the
limits set forth in this section shall not apply to any vehicle that is
a commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. <<NOTE: 53 USC 3101 note.>> Unless otherwise specified in
law during the current fiscal year, no part of any appropriation
contained in this or any other Act shall be used to pay the compensation
of any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of the
United States; (2) is a person who is lawfully admitted for
[[Page 133 STAT. 2485]]
permanent residence and is seeking citizenship as outlined in 8 U.S.C.
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8
U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a
declaration of intention to become a lawful permanent resident and then
a citizen when eligible; or (4) is a person who owes allegiance to the
United <<NOTE: Affidavits.>> States: Provided, That for purposes of
this section, affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section with respect
to his or her status are being complied with: Provided further, That
for <<NOTE: Affidavits.>> purposes of subsections (2) and (3) such
affidavits shall be submitted prior to employment and updated thereafter
as necessary: Provided further, <<NOTE: Penalties.>> That any person
making a false affidavit shall be guilty of a felony, and upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided further,
That this <<NOTE: Time period.>> section shall not apply to any person
who is an officer or employee of the Government of the United States on
the date of enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies: Provided
further, <<NOTE: Time period.>> That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13834
(May 17, 2018), including any such programs adopted prior to the
effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
[[Page 133 STAT. 2486]]
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During <<NOTE: Notification.>> the period in which the
head of any department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department
head, agency head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance notice of such
furnishing or redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate. For
the <<NOTE: Definition.>> purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the individual, as
well as any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as provided
by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) <<NOTE: Certification.>> None of the funds made
available by this or any other Act may be obligated or expended by any
department, agency, or other instrumentality of the Federal Government
to pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character that is
excepted from the competitive service under section 3302 of title 5,
United States Code, (pursuant to schedule C of subpart C of part 213 of
title 5 of the Code of Federal Regulations) unless the head of the
applicable department, agency, or other instrumentality employing such
schedule C individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by the
individual was not created solely or primarily in order to detail the
individual to the White House.
[[Page 133 STAT. 2487]]
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
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. 715. <<NOTE: Lobbying.>> No part of any funds appropriated in
this or any other Act shall be used by an agency of the executive
branch, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for the
preparation, distribution or use of any kit, pamphlet, booklet,
publication, radio,
[[Page 133 STAT. 2488]]
television, or film presentation designed to support or defeat
legislation pending before the Congress, except in presentation to the
Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other Act
may be used to provide any non-public information such as mailing,
telephone, or electronic mailing lists to any person or any organization
outside of the Federal Government without the approval of the Committees
on Appropriations of the House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. <<NOTE: Definition.>> (a) In this section, the term
``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the United States Postal Service, and the
Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding <<NOTE: Reimbursement.>> 31 U.S.C. 1346
and section 708 of this Act, the head of each Executive department and
agency is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the approval of
the Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided, That
these funds <<NOTE: Consultation.>> shall be administered by the
Administrator of General Services to support Government-wide and other
multi-agency financial, information technology, procurement, and other
management innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the Director of
the Office of Management and Budget, in consultation with the
appropriate interagency and multi-agency groups designated by the
Director (including the President's Management Council for overall
management improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information Officers
Council for information technology initiatives, the Chief Human Capital
Officers Council for human
[[Page 133 STAT. 2489]]
capital initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement Council for
performance improvement initiatives): Provided further, That the total
funds transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and not
to exceed $17,000,000 for Government-Wide innovations, initiatives, and
activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-wide
Policy'' during fiscal year 2020 shall remain available for obligation
through September 30, 2021: Provided further, That such <<NOTE: Time
period. Notification.>> transfers or reimbursements may only be made
after 15 days following notification of the Committees on Appropriations
of the House of Representatives and the Senate by the Director of the
Office of Management and Budget.
Sec. 722. Notwithstanding <<NOTE: Breastfeeding.>> any other
provision of law, a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: <<NOTE: Reports.>> Provided, That the Office of
Management and Budget shall provide a report describing the budget of
and resources connected with the National Science and Technology Council
to the Committees on Appropriations, the House Committee on Science,
Space, and Technology, and the Senate Committee on Commerce, Science,
and Transportation 90 days after enactment of this Act.
Sec. 724. Any <<NOTE: Compliance.>> request for proposals,
solicitation, grant application, form, notification, press release, or
other publications involving the distribution of Federal funds shall
comply with any relevant requirements in part 200 of title 2, Code of
Federal Regulations: Provided, That <<NOTE: Applicability.>> this
section shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
[[Page 133 STAT. 2490]]
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 726. (a) <<NOTE: Contracts. Drugs and drug
abuse. Contraceptives.>> None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing <<NOTE: Religion.>> in this section shall apply to a
contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing <<NOTE: Abortion.>> in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 727. <<NOTE: Anti-doping.>> The United States is committed to
ensuring the health of its Olympic, Pan American, and Paralympic
athletes, and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as performed by
nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. <<NOTE: Contracts. Advance approval.>> Notwithstanding
any other provision of law, no executive branch agency shall purchase,
construct, or lease any additional facilities, except within or
contiguous to existing locations, to be
[[Page 133 STAT. 2491]]
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 731. <<NOTE: News stories.>> Unless otherwise authorized by
existing law, none of the funds provided in this or any other 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. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) <<NOTE: Contracts.>> In General.--None of the funds
appropriated or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated
entity which is treated as an inverted domestic corporation under
section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or
any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any <<NOTE: Determination.>> Secretary
shall waive subsection (a) with respect to any Federal
Government contract under the authority of such Secretary if the
Secretary determines that the waiver is required in the interest
of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2020, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an administrative
expense under section 8348(a)(1)(B) of title 5, United States
Code.
Sec. 735. (a) None <<NOTE: Contracts.>> of the funds made available
in this or any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or
[[Page 133 STAT. 2492]]
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In <<NOTE: Definitions.>> this section, each of the terms
``contribution'', ``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'', ``election'', and
``Federal office'' has the meaning given such term in the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any other Act
may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding <<NOTE: 5 USC 5343 note.>> any
other provision of law, and except as otherwise provided in this
section, no part of any of the funds appropriated for fiscal year 2020,
by this or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5, United States
Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2020, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2020, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2020 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2020 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is in
effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the <<NOTE: Determination. Regulations.>> purposes of this
subsection, the rates payable to an employee who is covered by this
subsection and who is paid from a schedule not in existence on September
30, 2019, shall
[[Page 133 STAT. 2493]]
be determined under regulations prescribed by the Office of Personnel
Management.
(4) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this subsection may not be changed from the
rates in effect on September 30, 2019, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this subsection.
(5) This <<NOTE: Applicability.>> subsection shall apply with
respect to pay for service performed after September 30, 2019.
(6) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this subsection shall be treated as the
rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a rate
in excess of the rate that would be payable were this subsection not in
effect.
(8) The <<NOTE: Determination.>> Office of Personnel Management may
provide for exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to ensure the
recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of basic
pay for the statutory pay systems that take place in fiscal year 2020
under sections 5344 and 5348 of title 5, United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted pursuant
to the statutory pay systems under sections 5303 and 5304 of
title 5, United States Code: Provided, That prevailing rate
employees at locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title 5, United
States Code, and prevailing rate employees described in section
5343(a)(5) of title 5, United States Code, shall be considered
to be located in the pay locality designated as ``Rest of United
States'' pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) effective <<NOTE: Effective date.>> as of the first day
of the first applicable pay period beginning after September 30,
2019.
Sec. 738. (a) The <<NOTE: Reports. Contracts.>> head of any
Executive branch department, agency, board, commission, or office funded
by this or any other appropriations Act shall submit annual reports to
the Inspector General or senior ethics official for any entity without
an Inspector General, regarding the costs and contracting procedures
related to each conference held by any such department, agency, board,
commission, or office during fiscal year 2020 for which the cost to the
United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
[[Page 133 STAT. 2494]]
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating
potential contractors for the conference.
(c) Within <<NOTE: Deadline. Time period. Notification.>> 15 days
after the end of a quarter, the head of any such department, agency,
board, commission, or office shall notify the Inspector General or
senior ethics official for any entity without an Inspector General, of
the date, location, and number of employees attending a conference held
by any Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act during fiscal year 2020
for which the cost to the United States Government was more than
$20,000.
(d) <<NOTE: Grants. Contracts.>> A grant or contract funded by
amounts appropriated by this or any other appropriations Act may not be
used for the purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a
conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities that
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce funding
for a program, project, or activity as proposed in the President's
budget request for a fiscal year until such proposed change is
subsequently enacted in an appropriation Act, or unless such change is
made pursuant to the reprogramming or transfer provisions of this or any
other appropriations Act.
Sec. 740. None of the funds made available by this or any other Act
may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) <<NOTE: Grants. Confidentiality agreements.>> None of
the funds appropriated or otherwise made available by this or any other
Act may be available for a contract, grant, or cooperative agreement
with an entity that requires employees or contractors of such entity
seeking to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or otherwise
restricting such employees
[[Page 133 STAT. 2495]]
or contractors from lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of a Federal
department or agency authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 743. <<NOTE: Nondisclosure agreements.>> (a) No funds
appropriated in this or any other Act may be used to implement or
enforce the agreements in Standard Forms 312 and 4414 of the Government
or any other nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions: ``These
provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created
by existing statute or Executive order relating to (1) classified
information, (2) communications to Congress, (3) the reporting to an
Inspector General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety, or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by controlling
Executive orders and statutory provisions are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms shall
also make it clear that they do not bar disclosures to Congress, or to
an authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 744.
<<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Tax
liability. Determination.>> None of the funds made available by this or
any other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered
[[Page 133 STAT. 2496]]
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 745.
<<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Criminal
violations. Time period. Determinations.>> None of the funds made
available by this or any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that was
convicted of a felony criminal violation under any Federal law within
the preceding 24 months, where the awarding agency is aware of the
conviction, unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 746. <<NOTE: Notification.>> (a) During fiscal year 2020, on
the date on which a request is made for a transfer of funds in
accordance with section 1017 of Public Law 111-203, the Bureau of
Consumer Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives, and the
Committee on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) <<NOTE: Notification. Public information. Web posting.>> Any
notification required by this section shall be made available on the
Bureau's public Web site.
Sec. 747. If, for fiscal year 2020, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences with
the Congressional Budget Office, an adjustment to the discretionary
spending limit in such category for fiscal year 2020 shall be made by
the Director of the Office of Management and Budget in the amount of the
excess but the total of all such adjustments shall not exceed 0.2
percent of the sum of the adjusted discretionary spending limits for all
categories for that fiscal year.
Sec. 748. (a) <<NOTE: Locality pay. President. Determination. 5 USC
5303 note.>> The adjustment in rates of basic pay for employees under
the statutory pay systems that takes effect in fiscal year 2020 under
section 5303 of title 5, United States Code, shall be an increase of 2.6
percent, and the overall average percentage of the adjustments taking
effect in such fiscal year under sections 5304 and 5304a of such title 5
shall be an increase of 0.5 percent (with comparability payments to be
determined and allocated among pay localities by the
President). <<NOTE: Effective date.>> All adjustments under this
subsection shall be effective as of the first day of the first
applicable pay period beginning on or after January 1, 2020.
(b) Notwithstanding section 737, the adjustment in rates of basic
pay for the statutory pay systems that take place in fiscal year 2020
under sections 5344 and 5348 of title 5, United States Code, shall be no
less than the percentages in subsection (a) as employees in the same
location whose rates of basic pay are adjusted pursuant to the statutory
pay systems under section 5303, 5304, and 5304a of title 5, United
States Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303, 5304, and
5304a of such title 5 and prevailing rate employees described in section
5343(a)(5) of such title 5 shall be considered to be located in the pay
locality designated as ``Rest of U.S.'' pursuant to section 5304 of such
title 5 for purposes of this subsection.
[[Page 133 STAT. 2497]]
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2020.
Sec. 749. (a) <<NOTE: 5 USC 5303 note.>> Notwithstanding the
official rate adjusted under section 104 of title 3, United States Code,
the rate payable to the Vice President during calendar year 2020 shall
be the rate payable to the Vice President on December 31, 2019, by
operation of section 749 of division D of Public Law 116-6.
(b) Notwithstanding the official rate adjusted under section 5318 of
title 5, United States Code, or any other provision of law, the payable
rate during calendar year 2020 for an employee serving in an Executive
Schedule position, or in a position for which the rate of pay is fixed
by statute at an Executive Schedule rate, shall be the rate payable for
the applicable Executive Schedule level on December 31, 2019, by
operation of section 749 of division D of Public Law 116-6. Such an
employee may not receive a pay rate increase during calendar year 2020,
except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980
(Public Law 96-465) or any other provision of law, a chief of mission or
ambassador at large is subject to subsection (b) in the same manner as
other employees who are paid at an Executive Schedule rate.
(d)(1) <<NOTE: Applicability.>> This subsection applies to--
(A) a noncareer appointee in the Senior Executive
Service paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency
appointee in the Senior Executive Service serving under
a political appointment and paid a rate of basic pay at
or above the official rate for level IV of the Executive
Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1) may
not receive a pay rate increase during calendar year 2020,
except as provided in subsection (i).
(e) Notwithstanding any other provision of law, any employee paid a
rate of basic pay (including any locality- based payments under section
5304 of title 5, United States Code, or similar authority) at or above
the official rate for level IV of the Executive Schedule who serves
under a political appointment may not receive a pay rate increase during
calendar year 2020, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in another
pay system whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election
is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements under
[[Page 133 STAT. 2498]]
section 302(b) of the Foreign Service Act of 1980 (Public Law 96-465)
for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position only if that new position has
higher-level duties and a pre-established level or range of pay higher
than the level or range for the position held immediately before the
movement. <<NOTE: Effective date.>> Any such increase must be based on
the rates of pay and applicable limitations on payable rates of pay in
effect on December 31, 2019, by operation of section 749 of division D
of Public Law 116-6.
(j) Notwithstanding <<NOTE: Effective date.>> any other provision
of law, for an individual who is newly appointed to a covered position
during the period of time subject to this section, the initial pay rate
shall be based on the rates of pay and applicable limitations on payable
rates of pay in effect on December 31, 2019, by operation of section 749
of division D of Public Law 116-6.
(k) If an <<NOTE: Applicability.>> employee affected by this section
is subject to a biweekly pay period that begins in calendar year 2020
but ends in calendar year 2021, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ``covered position''
means a position occupied by an employee whose pay is restricted under
this section.
(m) <<NOTE: Effective date.>> This section takes effect on the first
day of the first applicable pay period beginning on or after January 1,
2020.
Sec. 750. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. <<NOTE: Lobbying.>> None of the Federal funds provided in
this Act shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
Sec. 803. <<NOTE: Advance approval.>> (a) None of the Federal funds
provided under this Act to the agencies funded by this Act, both Federal
and District government agencies, 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 expenditures for an agency through a reprogramming of
funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
[[Page 133 STAT. 2499]]
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) <<NOTE: Time period.>> The District of Columbia government is
authorized to approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2020.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of the
funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official
duties. <<NOTE: Definition.>> For purposes of this section, the term
``official duties'' does not include travel between the officer's or
employee's residence and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or employee
of the Homeland Security and Emergency Management Agency who
resides in the District of Columbia and is on call 24 hours a
day;
(6) the Mayor of the District of Columbia; and
(7) <<NOTE: Voting rights.>> the Chairman of the Council of
the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may be
used by the District of Columbia Attorney General or any other officer
or entity of the District government to provide assistance for any
petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
[[Page 133 STAT. 2500]]
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
Sec. 807. <<NOTE: Needle distribution.>> None of the Federal funds
contained in this Act may be used to distribute any needle or syringe
for the purpose of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or local
law enforcement authorities to be inappropriate for such distribution.
Sec. 808. <<NOTE: Contraceptives. Conscience exception.>> Nothing
in this Act may be construed to prevent the Council or Mayor of the
District of Columbia from addressing the issue of the provision of
contraceptive coverage by health insurance plans, but it is the intent
of Congress that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious beliefs
and moral convictions.
Sec. 809. <<NOTE: Penalties. Drugs and drug abuse.>> (a) None of
the Federal funds contained in this Act may be used to enact or carry
out any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21 U.S.C. 801
et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the District
of Columbia government under any authority may be used to enact any law,
rule, or regulation to legalize or otherwise reduce penalties associated
with the possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. <<NOTE: Abortion.>> No funds available for obligation or
expenditure by the District of Columbia government under any authority
shall be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where the
pregnancy is the result of an act of rape or incest.
Sec. 811. <<NOTE: Deadline. Operating budget.>> (a) No later than 30
calendar days after the date of the enactment of this Act, the Chief
Financial Officer for the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating budget in
the format of the budget that the District of Columbia government
submitted pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42), for all agencies of the
District of Columbia government for fiscal year 2020 that is in the
total amount of the approved appropriation and that realigns all
budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) <<NOTE: Applicability. Certification.>> This section shall
apply only to an agency for which the Chief Financial Officer for the
District of Columbia certifies that a reallocation is required to
address unanticipated changes in program requirements.
Sec. 812. <<NOTE: Deadline. Operating budget.>> No later than 30
calendar days after the date of the enactment of this Act, the Chief
Financial Officer for the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating budget for
the District of Columbia Public Schools that aligns schools budgets to
actual enrollment. The revised appropriated funds budget shall be in the
format of the budget that the District of Columbia government submitted
[[Page 133 STAT. 2501]]
pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating funds
to capital funds, and such amounts, once transferred or reprogrammed,
shall retain appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
Sec. 814. None of the Federal 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. 815. Except as otherwise specifically provided by law or under
this Act, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2020 from appropriations of Federal
funds 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, <<NOTE: Advance
approval.>> That a request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate for
approval prior to the expenditure of such funds: Provided further, That
these requests shall be made in compliance with reprogramming guidelines
outlined in section 803 of this Act.
Sec. 816. (a)(1) <<NOTE: Time period.>> During fiscal year 2021,
during a period in which neither a District of Columbia continuing
resolution or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided for any
project or activity for which local funds are provided in the Act
referred to in paragraph (2) (subject to any modifications enacted by
the District of Columbia as of the beginning of the period during which
this subsection is in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2021 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion of
the annual budget for the District of Columbia government for fiscal
year 2021 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2021 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2021.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by this
Act.
[[Page 133 STAT. 2502]]
(d) <<NOTE: Applicability.>> An appropriation made by subsection
(a) shall cover all obligations or expenditures incurred for such
project or activity during the portion of fiscal year 2021 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity during any
period of fiscal year 2021 if any other provision of law (other than an
authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such
period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall be
granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other law.
Sec. 817. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2020''.
DIVISION D-- <<NOTE: Department of Homeland Security Appropriations Act,
2020.>> DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For <<NOTE: Appointment. Compliance.>> necessary expenses of the
Office of the Secretary and for executive management for operations and
support, $168,808,000; of which $10,000,000 shall be for an Ombudsman
for Immigration Detention as established by section 106, of which
$5,000,000 shall remain available until September 30, 2021; and of which
$500,000 shall be withheld from obligation until the Secretary appoints
such Ombudsman for Immigration Detention and complies with the directive
related to the Public Complaint and Feedback System Working Group in the
explanatory statement accompanying this Act: Provided, That not to
exceed $30,000 shall be for official reception and representation
expenses.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and Executive
Management for Federal Assistance through grants, contracts, cooperative
agreements, and other activities, $10,000,000, which shall be
transferred to the Federal Emergency Management Agency for targeted
violence and terrorism prevention grants.
[[Page 133 STAT. 2503]]
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $1,182,142,000: Provided, That not to exceed $2,000 shall
be for official reception and representation expenses: Provided
further, <<NOTE: Public information. Web posting.>> That of the funds
made available under this heading, $2,000,000 shall be withheld from
obligation until the first report required by section 403 has been made
available on a publicly accessible website.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $381,298,000, of which
$157,531,000 shall remain available until September 30, 2022; and of
which $223,767,000 shall remain available until September 30, 2024, to
plan, acquire, design, construct, renovate, remediate, equip, furnish,
improve infrastructure, and occupy buildings and facilities for the
Department headquarters consolidation project.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally owned and leased buildings and for the
operations of the Federal Protective Service.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$284,141,000, of which $68,579,000 shall remain available until
September 30, 2021: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $190,186,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. <<NOTE: Reports. Grants. Contracts. Time period.>> (a)
The Secretary of Homeland Security shall submit a report not later than
October 15, 2020, to the Inspector General of the Department of Homeland
Security listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2019 or 2020.
[[Page 133 STAT. 2504]]
(b) <<NOTE: Review. Assessment.>> The Inspector General shall
review the report required by subsection (a) to assess departmental
compliance with applicable laws and regulations and report the results
of that review to the Committees on Appropriations of the Senate and the
House of Representatives not later than February 15, 2021.
Sec. 102. <<NOTE: Deadline. Budget. Reports.>> Not later than 30
days after the last day of each month, the Chief Financial Officer of
the Department of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a monthly
budget and staffing report that includes total obligations of the
Department for that month and for the fiscal year at the appropriation
and program, project, and activity levels, by the source year of the
appropriation.
Sec. <<NOTE: Contracts. Award fees.>> 103. The Secretary of
Homeland Security shall require that all contracts of the Department of
Homeland Security that provide award fees link such fees to successful
acquisition outcomes, which shall be specified in terms of cost,
schedule, and performance.
Sec. 104. <<NOTE: Consultation. Notifications.>> The Secretary of
Homeland Security, in consultation with the Secretary of the Treasury,
shall notify the Committees on Appropriations of the Senate and the
House of Representatives of any proposed transfers of funds available
under section 9705(g)(4)(B) of title 31, United States Code, from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives are
notified of the proposed transfers.
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
establishment of an immigration detention ombudsman
Sec. 106. (a) In General.--Subtitle A of title IV of the Homeland
Security Act of 2002 is amended by adding the following new section:
``SEC. 405. <<NOTE: 6 USC 205.>> OMBUDSMAN FOR IMMIGRATION
DETENTION.
``(a) In General.--Within the Department, there shall be a position
of Immigration Detention Ombudsman (in this section referred to as the
`Ombudsman'). The Ombudsman shall be independent of Department agencies
and officers and shall report directly to the Secretary. The Ombudsman
shall be a senior official with a background in civil rights
enforcement, civil detention care and custody, and immigration law.
``(b) Functions.--The functions of the Ombudsman shall be to--
``(1) Establish and administer an independent, neutral, and
confidential process to receive, investigate, resolve, and
provide redress, including referral for investigation to the
Office of the Inspector General, referral to U.S. Citizenship
and Immigration Services for immigration relief, or any other
action determined appropriate, for cases in which Department
officers or other personnel, or contracted, subcontracted, or
cooperating entity personnel, are found to have engaged in
misconduct or violated the rights of individuals in immigration
detention;
[[Page 133 STAT. 2505]]
``(2) Establish an accessible and standardized process
regarding complaints against any officer or employee of U.S.
Customs and Border Protection or U.S. Immigration and Customs
Enforcement, or any contracted, subcontracted, or cooperating
entity personnel, for violations of law, standards of
professional conduct, contract terms, or policy related to
immigration detention;
``(3) Conduct unannounced inspections of detention
facilities holding individuals in federal immigration custody,
including those owned or operated by units of State or local
government and privately-owned or operated facilities;
``(4) <<NOTE: Review. Recommenda- tions.>> Review, examine,
and make recommendations to address concerns or violations of
contract terms identified in reviews, audits, investigations, or
detainee interviews regarding immigration detention facilities
and services;
``(5) Provide assistance to individuals affected by
potential misconduct, excessive force, or violations of law or
detention standards by Department of Homeland Security officers
or other personnel, or contracted, subcontracted, or cooperating
entity personnel; and
``(6) Ensure that the functions performed by the Ombudsman
are complementary to existing functions within the Department of
Homeland Security.
``(c) Access to Detention Facilities.--The Ombudsman or designated
personnel of the Ombudsman, shall be provided unfettered access to any
location within each such detention facility and shall be permitted
confidential access to any detainee at the detainee's request and any
departmental records concerning such detainee.
``(d) <<NOTE: Procedures. Deadlines.>> Coordination With Department
Components.--
``(1) In general.--The Director of U.S. Immigration and
Customs Enforcement and the Commissioner of U.S. Customs and
Border Protection shall each establish procedures to provide
formal responses to recommendations submitted to such officials
by the Ombudsman within 60 days of receiving such
recommendations.
``(2) <<NOTE: Records.>> Access to information.--The
Secretary shall establish procedures to provide the Ombudsman
access to all departmental records necessary to execute the
responsibilities of the Ombudsman under subsection (b) or (c)
not later than 60 days after a request from the Ombudsman for
such information.
``(e) Annual Report.--The Ombudsman shall prepare a report to
Congress on an annual basis on its activities, findings, and
recommendations.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by adding the following new item after
``Sec. 404. Surface Transportation Security Advisory Committee.'':
``Sec. 405. Ombudsman for Immigration Detention.''.
Sec. 107. <<NOTE: Applicability.>> Section 107 of the Department
of Homeland Security Appropriations Act, 2018 (division F of Public Law
115-141), related to visa overstay data, shall apply in fiscal year
2020, except that the reference to ``this Act'' shall be treated as
referring to this Act, and the reference to ``2017'' shall be treated as
referring to ``2019''.
[[Page 133 STAT. 2506]]
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; the provision of air and marine support to Federal, State,
local, and international agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; at the
discretion of the Secretary of Homeland Security, the provision of such
support to Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts; the purchase and lease of up to
7,500 (6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $12,735,399,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which $500,000,000 shall be available until
September 30, 2021; and of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; and of which
$104,377,000 is for additional Office of Field Operations staffing:
Provided, That not to exceed $34,425 shall be for official reception and
representation expenses: Provided further, That not to exceed $150,000
shall be available for payment for rental space in connection with
preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security: Provided further, That not to exceed $5,000,000 may be
transferred to the Bureau of Indian Affairs for the maintenance and
repair of roads on Native American reservations used by the U.S. Border
Patrol: <<NOTE: Reports. Public information. Web posting.>> Provided
further, That of the funds made available under this heading for the
Executive Leadership and Oversight program, project, and activity,
$5,000,000 shall be withheld from obligation until the reports directed
by the explanatory statement accompanying this Act concerning Custody
and Transfer Metrics, the Migrant Protection Protocol program, and
medical guidance have been made available on a publicly accessible
website.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $1,904,468,000,
of which $467,104,000 shall remain available until September 30, 2022,
and of which $1,437,364,000 shall remain available until September 30,
2024.
[[Page 133 STAT. 2507]]
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas vetted
units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $8,032,801,000; of which
not less than $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which $53,696,000
shall remain available until September 30, 2021; of which not less than
$1,500,000 is for paid apprenticeships for participants in the Human
Exploitation Rescue Operative Child-Rescue Corps; of which not less than
$15,000,000 shall be available for investigation of intellectual
property rights violations, including operation of the National
Intellectual Property Rights Coordination Center; and of which not less
than $4,429,033,000 shall be for enforcement, detention, and removal
operations, including transportation of unaccompanied minor aliens:
Provided, That not to exceed $11,475 shall be for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081): Provided further, That not to exceed $2,000,000 shall be
for awards of compensation to informants, to be accounted for solely
under the certificate of the Secretary of Homeland Security: Provided
further, That not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully present in
the United States: Provided further, <<NOTE: Reports. Public
information. Web posting.>> That of the funds made available under this
heading, $10,000,000 shall be withheld from obligation until the first
report required by section 218 has been made available on a publicly
accessible website.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $47,270,000, to remain
available until September 30, 2022; of which not less than $36,970,000
shall be available for facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security Administration
for operations and support, $7,680,565,000, to remain available until
September 30, 2021: Provided, That not to exceed $7,650 shall be for
official reception and representation expenses: Provided further, That
security service fees authorized under section 44940 of title 49, United
States Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation security: Provided
further, That the sum appropriated under this heading from the general
fund shall be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal
[[Page 133 STAT. 2508]]
year 2020 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,850,565,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security Administration
for procurement, construction, and improvements, $110,100,000, to remain
available until September 30, 2022.
research and development
For necessary expenses of the Transportation Security Administration
for research and development, $22,902,000, to remain available until
September 30, 2021.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and support
including the Coast Guard Reserve; purchase or lease of not to exceed 25
passenger motor vehicles, which shall be for replacement only; purchase
or lease of small boats for contingent and emergent requirements (at a
unit cost of not more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase, lease, or
improvements of boats necessary for overseas deployments and activities;
payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare; $8,181,253,000, of
which $530,000,000 shall be for defense-related activities, of which
$190,000,000 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; of
which $24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which $11,000,000 shall
remain available until September 30, 2022; and of which $19,982,000
shall remain available until September 30, 2024, for environmental
compliance and restoration: Provided, That not to exceed $23,000 shall
be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $1,772,506,000, to remain available until September 30,
2024; of which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which $32,350,000,
shall be available to carry out the purposes of section 2946 of title
14, United States Code, of which $26,376,833 shall be derived from the
Coast Guard Housing Fund, established pursuant to such section.
[[Page 133 STAT. 2509]]
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $4,949,000, to remain available until
September 30, 2022, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under the
Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,802,309,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652 vehicles
for police-type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; rental of buildings in the District of Columbia; fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,336,401,000; of which $39,763,000 shall remain available until
September 30, 2021, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $15,000,000 may be for calendar year 2019 premium pay
in excess of the annual equivalent of the limitation on the rate of pay
contained in section 5547(a) of title 5, United States Code, pursuant to
section 2 of the Overtime Pay for Protective Services Act of 2016 (5
U.S.C. 5547 note), as amended by Public Law 115-383: Provided, That not
to exceed $19,125 shall be for official reception and representation
expenses: Provided further, That not to exceed $100,000 shall be to
provide technical assistance and equipment to foreign law enforcement
organizations in criminal
[[Page 133 STAT. 2510]]
investigations within the jurisdiction of the United States Secret
Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $66,989,000, to remain
available until September 30, 2022.
research and development
For necessary expenses of the United States Secret Service for
research and development, $12,455,000, to remain available until
September 30, 2021.
Administrative Provisions
Sec. 201. <<NOTE: Applicability.>> Section 201 of the Department
of Homeland Security Appropriations Act, 2018 (division F of Public Law
115-141), related to overtime compensation limitations, shall apply with
respect to funds made available in this Act in the same manner as such
section applied to funds made available in that Act, except that
``fiscal year 2020'' shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico in addition to
funding provided by section 740 of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 204. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation in fiscal year 2020 from amounts authorized to be
collected by section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation
and Trade Enforcement Act of 2015 (Public Law 114-25), or other such
authorizing language: Provided, That to the extent that amounts
realized from such collections exceed $31,000,000, those amounts in
excess of $31,000,000 shall be credited to this appropriation, to remain
available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the Federal
Food, Drug, and Cosmetic Act: Provided, <<NOTE: Applicability. Time
period.>> That this section shall apply only to individuals
transporting on their person a personal-use quantity of the prescription
[[Page 133 STAT. 2511]]
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. <<NOTE: Consultation.>> Notwithstanding any other
provision of law, none of the funds provided in this or any other Act
shall be used to approve a waiver of the navigation and vessel-
inspection laws pursuant to section 501(b) of title 46, United States
Code, for the transportation of crude oil distributed from and to the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy and
Transportation and representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United States
flag <<NOTE: Notification. Deadline. Waivers.>> vessels: Provided,
That the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives within
2 business days of any request for waivers of navigation and vessel-
inspection laws pursuant to section 501(b) of title 46, United States
Code, with respect to such transportation, and the disposition of such
requests.
Sec. 207. <<NOTE: Effective date.>> (a) Beginning on the date of
enactment of this Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) <<NOTE: Definition.>> In this section, the term ``border
crossing fee'' means a fee that every pedestrian, cyclist, and driver
and passenger of a private motor vehicle is required to pay for the
privilege of crossing the Southern border or the Northern border at a
land port of entry.
Sec. 208. <<NOTE: Deadline. Expenditure plan.>> Not later than 90
days after the date of enactment of this Act, the Secretary of Homeland
Security shall submit an expenditure plan for any amounts made available
for ``U.S. Customs and Border Protection--Procurement, Construction, and
Improvements'' in this Act and prior Acts to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided, That no such amounts may be obligated prior to the submission
of such plan.
Sec. 209. (a) Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $1,904,468,000 shall be available only as follows:
(1) $1,375,000,000 for the construction of barrier system
along the southwest border;
(2) $221,912,000 for the acquisition and deployment of
border security technologies and trade and travel assets and
infrastructure;
(3) $62,364,000 for facility construction and improvements;
(4) $199,519,000 for integrated operations assets and
infrastructure; and
(5) $45,673,000 for mission support and infrastructure.
[[Page 133 STAT. 2512]]
(b) The amount designated in subsection (a)(1) shall only be
available for barrier systems that--
(1) use--
(A) operationally effective designs deployed as of
the date of enactment of the Consolidated Appropriations
Act, 2017 (Public Law 115-31), such as currently
deployed steel bollard designs, that prioritize agent
safety; or
(B) operationally effective adaptations of such
designs that help mitigate community or environmental
impacts of barrier system construction, including
adaptations based on consultation with jurisdictions
within which barrier system will be constructed; and
(2) are constructed in the highest priority locations as
identified in the Border Security Improvement Plan.
(c) <<NOTE: Deadlines.>> The Chief of the U.S. Border Patrol
shall--
(1) <<NOTE: Plan.>> provide a plan to the Committees on
Appropriations of the Senate and the House of Representatives
for the use of the amounts provided in subsection (a)(1) within
30 days of the date of enactment of this Act; and
(2) <<NOTE: Notification.>> notify such Committees of any
amendment to the highest priority locations identified for the
use of the amount provided in subsection (a)(1) within 5 days of
such amendment.
(d) <<NOTE: Consultation. Time period.>> Consultation with a
jurisdiction under subsection (b)(2) shall not exceed 90 calendar days
after such jurisdiction has been notified that U.S. Customs and Border
Protection is entering into such consultation, unless an extension of
time is agreed to by such agency and such jurisdiction.
(e) <<NOTE: Deadline. Plan. Evaluation.>> Not later than 180 days
after the date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of Representatives, and the
Comptroller General of the United States an updated risk-based plan for
improving security along the borders of the United States that includes
the elements required under subsection (a) of section 231 of division F
of the Consolidated Appropriations Act, 2018 (Public Law 115-141), which
shall be evaluated in accordance with subsection (b) of such section.
Sec. 210. Federal funds may not be made available for the
construction of fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center;
(5) within or east of the Vista del Mar Ranch tract of the
Lower Rio Grande Valley National Wildlife Refuge; or
(6) within historic cemeteries.
Sec. 211. Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection: Provided, That none of the funds provided by this
Act, provided by previous appropriations Acts 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 components funded by this Act, may be used to
reduce anticipated or planned vetting operations at existing locations
unless specifically authorized by a statute enacted after the date of
enactment of this Act.
[[Page 133 STAT. 2513]]
Sec. 212. (a) Of the amounts made available by this Act for ``U.S.
Customs and Border Protection--Operations and Support''--
(1) $173,000,000 is for humanitarian care;
(2) $30,000,000 is to address health, life, and safety issues at
existing Border Patrol facilities, including construction, and for
improved video recording capabilities; Provided, That such amounts are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(b) Of the amounts made available by this Act for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'',
$30,000,000 is for the development of an agency-wide electronic health
records system; Provided, That such amounts are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(c) <<NOTE: Certification. Compliance.>> The amounts in subsection
(b) may not be obligated until the Department of Homeland Security Chief
Medical Officer provides written certification of compliance with the
requirements described in the explanatory statement accompanying this
Act concerning electronic health records to the Committees on
Appropriations of the Senate and the House of Representatives.
Sec. 213. Without regard to the limitation as to time and condition
of section 503(d) of this Act, the Secretary may reprogram within and
transfer funds to ``U.S. Immigration and Customs Enforcement--Operations
and Support'' as necessary to ensure the detention of aliens prioritized
for removal.
Sec. 214. <<NOTE: Determination.>> None of the funds provided
under the heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been materially violated.
Sec. 215. <<NOTE: Contracts. 6 USC 211 note.>> (a) None of the funds
provided under the heading ``U.S. Immigration and Customs Enforcement--
Operations and Support'' may be used to continue any contract for the
provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are less
than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system.
(b) <<NOTE: Effective date. Deadline.>> Beginning not later than
January 1, 2021, the performance evaluations referenced in subsection
(a) shall be conducted by the U.S. Immigration and Customs Enforcement
Office of Professional Responsibility.
Sec. 216. (a) <<NOTE: Aliens.>> None of the funds provided by this
Act or any other Act, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act, may be used by the Secretary of Homeland
Security to place in detention, remove, refer for a decision whether to
initiate removal proceedings, or initiate removal proceedings against a
sponsor, potential sponsor, or member of a household of a sponsor or
potential sponsor of an unaccompanied alien child (as defined in section
462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) based on
information shared by the Secretary of Health and Human Services.
[[Page 133 STAT. 2514]]
(b) Subsection (a) shall not apply if a background check of a
sponsor, potential sponsor, or member of a household of a sponsor or
potential sponsor reveals--
(1) a felony conviction or pending felony charge that
relates to--
(A) an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)));
(B) child abuse;
(C) sexual violence or abuse; or
(D) child pornography;
(2) an association with any business that employs a minor
who--
(A) is unrelated to the sponsor, potential sponsor,
or member of a household of a sponsor or potential
sponsor; and
(B) is--
(i) not paid a legal wage; or
(ii) unable to attend school due to the
employment; or
(3) an association with the organization or implementation
of prostitution.
Sec. 217. <<NOTE: Public information. Web posting. Reports.>> Not
later than 45 days after the date of enactment of this Act, the Director
of U.S. Immigration and Customs Enforcement shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, and make available on a publicly accessible website, a
report describing agreements pursuant to section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) which shall include
--
(1) detailed information relating to the community outreach
activities of each participating jurisdiction pursuant to such
agreement, including the membership and activities of any
community-based steering committee established by such
jurisdiction;
(2) the number of individuals placed into removal
proceedings pursuant to each such agreement;
(3) <<NOTE: Data.>> data on the performance of the officers
or employees of a State or political subdivision thereof under
each such agreement, including the nationality and level of
criminality of the individuals described in paragraph (2); and
(4) information relating to any future plans to increase the
number of such agreements or expand the scope of such agreements
through the introduction of new operations pursuant to such
section.
Sec. 218. <<NOTE: Reports. Public information. Web posting. Time
periods. Aliens. 8 USC 1378a.>> Not later than 7 days after the date of
enactment of this Act and updated semimonthly thereafter, the Director
of U.S. Immigration and Customs Enforcement shall make available a
report, on a publicly accessible website in a downloadable, searchable,
and sortable format, with not less than the previous twelve months of
semimonthly data as of the last date of each such reporting period; on--
(1) aliens detained by such agency, including data
disaggregated by single adults and members of family units on--
(A) the average fiscal year-to-date daily
populations of aliens detained;
(B) the daily count of aliens detained;
[[Page 133 STAT. 2515]]
(C) the fiscal year-to-date total for book-ins;
(D) the average lengths of stay, including average
post-determination length of stay in the case of
detainees described in subparagraph (F);
(E) the number transferred to the custody of U.S.
Immigration and Customs Enforcement by U.S. Customs and
Border Protection after being--
(i) deemed inadmissible at a port of entry or
after being apprehended within 14 days of entering
the United States; or
(ii) arrested by U.S. Immigration and Customs
Enforcement;
(F) the number determined to have a credible or
reasonable fear of--
(i) persecution, as defined in section
235(b)(1)(B)(v) of the Immigration and Nationality
Act; or
(ii) torture, as defined in section 208.30 of
title 8, Code of Federal Regulations (as in effect
on January 1, 2018); and
(G) the number who have been issued a Notice to
Appear pursuant to section 239 of the Immigration and
Nationality Act, disaggregated by single adults and
members of family units;
(2) the total number of enrollees in the Alternatives to
Detention program and the average length of participation,
disaggregated by--
(A) single adults and family heads of household;
(B) participants in the family case management
program;
(C) level of supervision; and
(D) location of supervision, by field office;
(3) for each facility where aliens are detained by U.S.
Immigration and Customs Enforcement--
(A) the address;
(B) the field offices that assign detainees to the
facility;
(C) the detailed facility type, as defined in the
integrated decision support system;
(D) the gender of aliens detained;
(E) the average daily population of detainees within
each detainee classification level, as defined in the
integrated decision support system;
(F) the average daily population of individuals
within each threat level, as defined in the integrated
decision support system;
(G) the average daily population within each
criminality category, as defined in the integrated
decision support system, disaggregated by gender;
(H) the average length of stay;
(I) the average daily population of individuals
whose detention is classified as mandatory;
(J) the performance standards to which the facility
is held;
(K) the date of the two most recent inspections, the
entity that performed each inspection, and a detailed
summary of the results of such inspections; and
(L) the guaranteed minimum detention capacity, if
applicable; and
[[Page 133 STAT. 2516]]
(4) the total number of releases from custody, by condition
of release, and total number of removals, disaggregated by adult
facilities and family facilities.
Sec. 219. Members of the United States House of Representatives and
the United States Senate, including the leadership; the heads of Federal
agencies and commissions, including the Secretary, Deputy Secretary,
Under Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States Attorneys;
and senior members of the Executive Office of the President, including
the Director of the Office of Management and Budget, shall not be exempt
from Federal passenger and baggage screening.
Sec. 220. <<NOTE: Explosives detection systems.>> Any award by the
Transportation Security Administration to deploy explosives detection
systems shall be based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased security
concerns, high injury rates, airport readiness, and increased cost
effectiveness.
Sec. 221. <<NOTE: Contracts.>> Notwithstanding section 44923 of
title 49, United States Code, for fiscal year 2020, any funds in the
Aviation Security Capital Fund established by section 44923(h) of title
49, United States Code, may be used for the procurement and installation
of explosives detection systems or for the issuance of other transaction
agreements for the purpose of funding projects described in section
44923(a) of such title.
Sec. 222. None of the funds made available by this or any other Act
may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 223. <<NOTE: Reports. Plans.>> Not later than 30 days after
the submission of the President's budget proposal, the Administrator of
the Transportation Security Administration shall submit to the
Committees on Appropriations and Commerce, Science, and Transportation
of the Senate and the Committees on Appropriations and Homeland Security
in the House of Representatives a single report that fulfills the
following requirements:
(1) a Capital Investment Plan (CIP) that includes a plan for
continuous and sustained capital investment in new, and the
replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening Technologies
report as required by the Senate Report accompanying the
Department of Homeland Security Appropriations Act, 2019 (Senate
Report 115-283).
Sec. 224. None of the funds made available by this Act under the
heading ``Coast Guard--Operations and Support'' shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from owners
of yachts and credited to the appropriation made available by this Act
under the heading ``Coast Guard--Operations
[[Page 133 STAT. 2517]]
and Support'': Provided, That to the extent such fees are insufficient
to pay expenses of recreational vessel documentation under such section
12114, and there is a backlog of recreational vessel applications,
personnel performing non-recreational vessel documentation functions
under subchapter II of chapter 121 of title 46, United States Code, may
perform documentation under section 12114.
Sec. 225. Without regard to the limitation as to time and condition
of section 503(d) of this Act, after June 30, up to $10,000,000 may be
reprogrammed to or from the Military Pay and Allowances funding category
within ``Coast Guard--Operations and Support'' in accordance with
subsection (a) of section 503 of this Act.
Sec. 226. <<NOTE: Investment plan.>> Notwithstanding any other
provision of law, the Commandant of the Coast Guard shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a future-years capital investment plan as described in
the second proviso under the heading ``Coast Guard--Acquisition,
Construction, and Improvements'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4), which shall be subject to
the requirements in the third and fourth provisos under such heading.
Sec. 227. Funds made available for Overseas Contingency Operations/
Global War on Terrorism under the heading ``Coast Guard--Operations and
Support'' may be allocated by program, project, and activity,
notwithstanding section 503 of this Act.
Sec. 228. None of the funds in this Act shall be used to reduce the
Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
Sec. 229. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 230. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may be
used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of enactment
of this Act.
Sec. 231. (a) <<NOTE: 10 USC 1475 note.>> Any discretionary amounts
appropriated in this Act in the current fiscal year and any fiscal year
thereafter may be obligated for death gratuity payments, as authorized
in subchapter II of chapter 75 of title 10, United States Code.
(b) <<NOTE: Applicability.>> Subsection (a) shall only apply if an
appropriation for ``Coast Guard--Operations and Support'' is unavailable
for obligation for such payments.
(c) Such obligations shall subsequently be recorded against
appropriations that become available for ``Coast Guard--Operations and
Support''.
Sec. 232. <<NOTE: Effective date. Time periods. 14 USC 2946 note.>>
Beginning in fiscal year 2021 and for each fiscal year thereafter,
amounts credited to the Coast Guard Housing Fund pursuant to paragraphs
(3) through (5) of subsection (b) of section 2946 of title 14, United
States Code, shall be classified as discretionary offsetting receipts.
[[Page 133 STAT. 2518]]
Sec. 233. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 234. None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director of
the United States Secret Service may enter into agreements to provide
such protection on a fully reimbursable basis.
Sec. 235. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 236. <<NOTE: Notification. Time period.>> Funding made
available in this Act for ``United States Secret Service--Operations and
Support'' is available for travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if the Director of the United
States Secret Service or a designee notifies the Committees on
Appropriations of the Senate and the House of Representatives 10 or more
days in advance, or as early as practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $1,566,229,000, of which
$31,793,000 shall remain available until September 30, 2021: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$434,962,000, to remain available until September 30, 2022.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $14,431,000, to remain
available until September 30, 2021.
[[Page 133 STAT. 2519]]
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,102,199,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $133,363,000, of which
$74,167,000 shall remain available until September 30, 2022, and of
which $59,196,000 shall remain available until September 30, 2024.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,178,467,000, which shall be allocated as
follows:
(1) <<NOTE: Determination. Terrorism.>> $560,000,000 for
the State Homeland Security Grant Program under section 2004 of
the Homeland Security Act of 2002 (6 U.S.C. 605), of which
$90,000,000 shall be for Operation Stonegarden, $15,000,000
shall be for Tribal Homeland Security Grants under section 2005
of the Homeland Security Act of 2002 (6 U.S.C. 606), and
$40,000,000 shall be for organizations (as described under
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such code) determined by
the Secretary of Homeland Security to be at high risk of a
terrorist attack: Provided, <<NOTE: Puerto Rico.>> That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2020, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) <<NOTE: Determination. Terrorism.>> $665,000,000 for
the Urban Area Security Initiative under section 2003 of the
Homeland Security Act of 2002 (6 U.S.C. 604), of which
$50,000,000 shall be for organizations (as described under
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such code) determined by
the Secretary of Homeland Security to be at high risk of a
terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $2,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
[[Page 133 STAT. 2520]]
(5) $710,000,000, to remain available until September 30,
2021, of which $355,000,000 shall be for Assistance to
Firefighter Grants and $355,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $355,000,000 for emergency management performance grants
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title 6,
United States Code, and Reorganization Plan No. 3 of 1978 (5
U.S.C. App.).
(7) $263,000,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance Fund,
and such additional sums as may be provided by States or other
political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act of 1968
(42 U.S.C. 4101(f)(2)), to remain available until expended.
(8) $10,000,000 for Regional Catastrophic Preparedness
Grants.
(9) $10,000,000 for Rehabilitation of High Hazard Potential
Dams under section 8A of the National Dam Safety Program Act (33
U.S.C. 467f-2).
(10) $125,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(11) $280,467,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$17,863,259,000, to remain available until expended: Provided, That of
the amount provided under this heading, $17,352,112,000 shall be for
major disasters declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$206,782,000, to remain available until September 30, 2021, which shall
be derived from offsetting amounts collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
$14,005,000 shall be available for mission support associated with flood
management;
[[Page 133 STAT. 2521]]
and of which $192,777,000 shall be available for flood plain management
and flood mapping: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act of 1968
(42 U.S.C. 4015(d)) shall be credited as offsetting collections to this
account, to be available for flood plain management and flood mapping:
Provided further, That in fiscal year 2020, no funds shall be available
from the National Flood Insurance Fund under section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017) in excess of--
(1) $192,439,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,151,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968, and
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management Agency--
Federal Assistance'', may be used by the grantee for expenses directly
related to administration of the grant.
Sec. 302. <<NOTE: Grants. Deadlines.>> Applications for grants
under the heading ``Federal Emergency Management Agency--Federal
Assistance'', for paragraphs (1) through (4), shall be made available to
eligible applicants not later than 60 days after the date of enactment
of this Act, eligible applicants shall submit applications not later
than 80 days after the grant announcement, and the Administrator of the
Federal Emergency Management Agency shall act within 65 days after the
receipt of an application.
Sec. 303. <<NOTE: Grants. Briefing. Time period. Public
information.>> Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), (8), and (9), the Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the Senate and
the House of Representatives 5 full business days in advance of
announcing publicly the intention of making an award.
[[Page 133 STAT. 2522]]
Sec. 304. Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) and (2), the
installation of communications towers is not considered construction of
a building or other physical facility.
Sec. 305. <<NOTE: Applicability.>> The reporting requirements in
paragraphs (1) and (2) under the heading ``Federal Emergency Management
Agency--Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4) shall be applied in fiscal
year 2020 with respect to budget year 2021 and current fiscal year 2020,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2021''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 306. <<NOTE: Grants. Waivers. Extension.>> (a) In making
grants under the heading ``Federal Emergency Management Agency--Federal
Assistance'', for Staffing for Adequate Fire and Emergency Response
grants, the Secretary may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
of section 34 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a).
(b) For grants made under the heading ``Federal Emergency Management
Agency--Firefighter Assistance Grants'' in division F of Public Law 114-
113, the Secretary may extend the period of performance described in
subsection (a)(1)(B) of such section 34 for up to one additional year.
(c) <<NOTE: Applicability.>> For purposes of subsection (b)--
(1) subsections (a)(1)(E)(iii) and (c)(4)(C) of such section
34 shall also apply to such additional year of such period of
performance; and
(2) the authority provided shall only apply to any such
grant award that remains open on the date of enactment of this
Act.
Sec. 307. The aggregate charges assessed during fiscal year 2020,
as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program for the
next fiscal year: Provided, That the methodology for assessment and
collection of fees shall be fair and equitable and shall reflect costs
of providing such services, including administrative costs of collecting
such fees: Provided further, <<NOTE: Effective date.>> That such fees
shall be deposited in a Radiological Emergency Preparedness Program
account as offsetting collections and will become available for
authorized purposes on October 1, 2020, and remain available until
expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $122,395,000.
[[Page 133 STAT. 2523]]
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $10,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $292,997,000, of which $54,283,000 shall remain available
until September 30, 2021: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $58,173,000, to
remain available until September 30, 2024.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate for
operations and support, including the purchase or lease of not to exceed
5 vehicles, $314,864,000, of which $171,232,000 shall remain available
until September 30, 2021: Provided, That not to exceed $10,000 shall be
for official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology Directorate for
research and development, $422,411,000, to remain available until
September 30, 2022.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass Destruction
Office for operations and support, $179,467,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass Destruction
Office for procurement, construction, and improvements, $118,988,000, to
remain available until September 30, 2022.
[[Page 133 STAT. 2524]]
research and development
For necessary expenses of the Countering Weapons of Mass Destruction
Office for research and development, $69,181,000, to remain available
until September 30, 2022.
federal assistance
For necessary expenses of the Countering Weapons of Mass Destruction
Office for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $64,663,000, to remain available until
September 30, 2022.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5 vehicles,
for replacement only, for areas where the Administrator of General
Services does not provide vehicles for lease: Provided, That the
Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to travel
between the employees' residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided by employees (including employees
serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service Analysts,
Contact Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 403. <<NOTE: Public information. Web posting. Reports. Time
period. Data. 8 USC 1377a.>> (a) Not later than 30 days after the date
of enactment of this Act and updated semimonthly thereafter, the
Director of U.S. Citizenship and Immigration Services shall make
available, on a publicly accessible website in a downloadable,
searchable, and sortable format, a report containing not less than the
previous twelve months of semimonthly data on--
(1) the number of aliens determined to have a credible or
reasonable fear of--
(A) persecution, as defined in section
235(b)(1)(B)(v) of the Immigration and Nationality Act;
or
(B) torture, as defined in section 208.30 of title
8, Code of Federal Regulations (as in effect on January
1, 2018);
(2) the total number of cases received by U.S. Citizenship
and Immigration Services to adjudicate credible or reasonable
fear claims, as described in paragraph (1), and the total number
of cases closed.
(b) Such report shall also disaggregate the data described in
subsection (a) with respect to the following subsets--
(1) claims submitted by aliens detained at a U.S.
Immigration and Customs Enforcement family residential center;
(2) claims submitted by aliens organized by each subdivision
of legal or administrative authority under which claims are
reviewed; and
(3) the job series of the personnel reviewing the claims.
[[Page 133 STAT. 2525]]
Sec. 404. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
Sec. 406. The Director of the Federal Law Enforcement Training
Centers may accept transfers to the account established by section
407(a) of division F of the Consolidated Appropriations Act, 2018
(Public Law 115-141) from Government agencies requesting the
construction of special use facilities, as authorized by the Economy Act
(31 U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and ownership upon
completion of such facilities.
Sec. 407. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. 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. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, 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. 503. <<NOTE: Notifications. Time periods.>> (a) None of the
funds provided by this Act, provided by previous appropriations Acts to
the components in or transferred to the Department of Homeland Security
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 components funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) <<NOTE: Contracts.>> contracts out any function or
activity presently performed by Federal employees or any new
function or activity proposed to be performed by Federal
employees in the President's budget proposal for fiscal year
2020 for the Department of Homeland Security;
[[Page 133 STAT. 2526]]
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
such transfer.
(d) <<NOTE: Deadline.>> Notwithstanding subsections (a), (b), and
(c), no funds shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided after June
30, except in extraordinary circumstances that imminently threaten the
safety of human life or the protection of property.
(e) <<NOTE: Applicability.>> The notification thresholds and
procedures set forth in subsections (a), (b), (c), and (d) shall apply
to any use of deobligated balances of funds provided in previous
Department of Homeland Security Appropriations Acts that remain
available for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 5 days in advance of such transfer.
Sec. 504. <<NOTE: Applicability. 31 USC 501 note.>> Section 504 of
the Department of Homeland Security Appropriations Act, 2017 (division F
of Public Law 115-31), related to the operations of a working capital
fund, shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available in that
Act: Provided, That funds from such working capital fund may be
obligated and expended in anticipation of reimbursements from components
of the Department of Homeland Security.
Sec. 505. <<NOTE: Time period.>> Except as otherwise specifically
provided by law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2020, as recorded in the
financial records at the time of a reprogramming notification, but not
later than June 30, 2021, from appropriations for ``Operations and
Support'' for fiscal year 2020 in this Act shall remain available
through September 30, 2021, in the account and for the purposes for
which the appropriations were provided:
Provided, <<NOTE: Notification.>> That prior to the obligation of such
funds, a notification shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives in
accordance with section 503 of this Act.
Sec. 506. Funds made available by 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
[[Page 133 STAT. 2527]]
(50 U.S.C. 414) during fiscal year 2020 until the enactment of an Act
authorizing intelligence activities for fiscal year 2020.
Sec. 507. <<NOTE: Notification. Time
period. Grants. Contracts. Public information.>> (a) The Secretary of
Homeland Security, or the designee of the Secretary, shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of--
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award items
under paragraph (1), (2), or (3), including a contract covered
by the Federal Acquisition Regulation.
(b) <<NOTE: Determination. Deadline.>> If the Secretary of Homeland
Security determines that compliance with this section would pose a
substantial risk to human life, health, or safety, an award may be made
without notification, and the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives not later
than 5 full business days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type of
contract; and the account from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code, has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 510 <<NOTE: Applicability.>> . Sections 520, 522, and 530 of
the Department of Homeland Security Appropriations Act, 2008 (division E
of Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with respect
to funds made available in this Act in the same manner as such sections
applied to funds made available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American
Act: <<NOTE: Definition.>> Provided, That for purposes of the preceding
sentence, the term ``Buy American Act'' means chapter 83 of title 41,
United States Code.
[[Page 133 STAT. 2528]]
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made available in
this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 514. <<NOTE: National identification.>> None of the funds made
available in this Act may be used for planning, testing, piloting, or
developing a national identification card.
Sec. 515. <<NOTE: Delegation of authority.>> Any official that is
required by this Act to report or to certify to the Committees on
Appropriations of the Senate and the House of Representatives may not
delegate such authority to perform that act unless specifically
authorized herein.
Sec. 516. <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 517. None of the funds made available in 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. 518. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 520. <<NOTE: Contracts.>> None of the funds appropriated or
otherwise made available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless such
contract is entered into in accordance with the requirements of subtitle
I of title 41, United States Code, or chapter 137 of title 10, United
States Code, and the Federal Acquisition Regulation, unless such
contract is otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 521. <<NOTE: Pornography.>> (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. 522. <<NOTE: Firearms.>> None of the funds made available in
this Act may be used by a Federal law enforcement officer to facilitate
the transfer of an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is
[[Page 133 STAT. 2529]]
an agent of a drug cartel unless law enforcement personnel of the United
States continuously monitor or control the firearm at all times.
Sec. 523. <<NOTE: Determination. Notification. Deadline.>> None of
the funds made available in this Act may be used to pay for the travel
to or attendance of more than 50 employees of a single component of the
Department of Homeland Security, who are stationed in the United States,
at a single international conference unless the Secretary of Homeland
Security, or a designee, determines that such attendance is in the
national interest and notifies the Committees on Appropriations of the
Senate and the House of Representatives within at least 10 days of that
determination and the basis for that determination:
Provided, <<NOTE: Definition.>> 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: Provided further, That
the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 524. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in a
National Special Security Event.
Sec. 525. <<NOTE: Pay reform. Time period. Effective
date. Notification.>> None of the funds made available to the
Department of Homeland Security by this or any other Act may be
obligated for any structural pay reform that affects more than 100 full-
time positions or costs more than $5,000,000 in a single year before the
end of the 30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) <<NOTE: Analysis.>> an analysis of compensation
alternatives to such change that were considered by the
Department.
Sec. 526. <<NOTE: Web posting. Public
information. Reports. Determination.>> (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 Committees on Appropriations of the Senate and the
House of Representatives in this 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 homeland or
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 Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 527. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
[[Page 133 STAT. 2530]]
Sec. 528. <<NOTE: Approval.>> None of the funds made available by
this Act may be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
Sec. 529. The authority <<NOTE: Education. Extension.>> provided by
section 532 of the Department of Homeland Security Appropriations Act,
2018 (Public Law 115-141) regarding primary and secondary schooling of
dependents shall continue in effect during fiscal year 2020.
Sec. 530. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $41,000,000, to remain
available until September 30, 2021, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs for
protection activities directly and demonstrably associated with any
residence of the President that is designated or identified to be
secured by the United States Secret Service.
(b) <<NOTE: Applicability.>> Subsections (b) through (f) of section
534 of the Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141), shall be applied with respect to amounts made
available by subsection (a) of this section by substituting ``October 1,
2020'' for ``October 1, 2018'' and ``October 1, 2019'' for ``October 1,
2017''.
Sec. 531. <<NOTE: Applicability. 6 USC 391 note.>> (a) Section 831
of the Homeland Security Act of 2002 (6 U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September 30,
2020,'' for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September 30,
2020,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority of
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
carry out prototype projects under section 2371b of title 10, United
States Code, and the Secretary shall perform the functions of the
Secretary of Defense as prescribed.
(c) <<NOTE: Definition.>> The Secretary of Homeland Security under
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may
use the definition of nontraditional government contractor as defined in
section 2371b(e) of title 10, United States Code.
Sec. 532. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be used
to prevent any of the following persons from entering, for the purpose
of conducting oversight, any facility operated by or for the Department
of Homeland Security used to detain or otherwise house aliens, or to
make any temporary modification at any such facility that in any way
alters what is observed by a visiting member of Congress or such
designated employee, compared to what would be observed in the absence
of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of Representatives or the
United States Senate designated by such a Member for the purposes of
this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) <<NOTE: Time period.>> With respect to individuals described in
subsection (a)(2), the Department of Homeland Security may require that
a request be made at least 24 hours in advance of an intent to enter a
facility described in subsection (a).
[[Page 133 STAT. 2531]]
Sec. 533. <<NOTE: Pregnant women.>> (a) Except as provided in
subsection (b), none of the funds made available in this Act may be used
to place restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention facility,
or at an outside medical facility) who is pregnant or in post-delivery
recuperation.
(b) <<NOTE: Determinations.>> Subsection (a) shall not apply with
respect to a pregnant woman if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic restraints
is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a restraint
belt that constricts the area of the pregnancy. A pregnant woman who is
immobilized by restraints shall be positioned, to the maximum extent
feasible, on her left side.
Sec. 534. <<NOTE: Records. Sexual assault.>> None of the funds made
available by this Act to the Department of Homeland Security may be used
to destroy any document, recording, or other record pertaining to any
potential sexual assault or abuse perpetrated against any individual
held in the custody of the Department of Homeland Security.
Sec. 535. <<NOTE: Applicability.>> Section 519 of division F of
Public Law 114-113, regarding a prohibition on funding for any position
designated as a Principal Federal Official, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
Sec. 536. <<NOTE: Deadline. Budget submission.>> Within 60 days of
any budget submission for the Department of Homeland Security for fiscal
year 2021 that assumes revenues or proposes a reduction from the
previous year based on user fees proposals that have not been enacted
into law prior to the submission of the budget, the Secretary of
Homeland Security shall provide the Committees on Appropriations of the
Senate and the House of Representatives specific reductions in proposed
discretionary budget authority commensurate with the revenues assumed in
such proposals in the event that they are not enacted prior to October
1, 2020.
(rescissions)
Sec. 537. (a) Of the unobligated balances of funds made available
under the heading ``U.S. Customs and Border Protection--Operations and
Support'' in Title III of the Emergency Supplemental Appropriations for
Humanitarian Assistance and Security at the Southern Border Act, 2019
(Public Law 116-26), $233,000,000 are hereby rescinded.
[[Page 133 STAT. 2532]]
(b) The amounts rescinded pursuant to subsection (a) 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.
Sec. 538. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985 (Public Law 99-177):
(1) $91,000,000 from Public Law 116-6 under the heading
``Customs and Border Protection--Operations and Support''.
(2) $38,000,000 from Public Law 116-6 under the heading ``
`Customs and Border Protection--Procurement, Construction and
Improvements''.
(3) $20,000,000 from Public Law 115-141 under the heading
``Customs and Border Protection--Procurement, Construction, and
Improvements''.
(4) $5,000,000 from Public Law 115-141 under the heading
``Coast Guard--Research, Development, Test, and Evaluation''.
(5) $42,379,000 from Public Law 116-6 under the heading
``Transportation Security Administration--Operations and
Support''.
(6) $5,764,000 from Public Law 116-6 under the heading
``Transportation Security Administration--Procurement,
Construction and Improvements''.
Sec. 539. The following unobligated balances made available to the
Department of Homeland Security pursuant to Section 505 of the
Department of Homeland Security Appropriations Act, 2019 (Public Law
116-6) are rescinded:
(1) $153,000 from ``Office of the Secretary and Executive
Management--Operations and Support''
(2) $304,000 from ``Management Directorate--Operations and
Support'';
(3) $130,000 from ``Intelligence, Analysis, and Operations
Coordination--Operations and Support'';
(4) $3,600 from ``Office of Inspector General--Operations
and Support'';
(5) $269,000 from ``U.S. Customs and Border Protection--
Operations and Support'';
(6) $8,999,000 from ``U.S. Immigration and Customs
Enforcement--Operations and Support'';
(7) $69,000 from ``Coast Guard--Operations and Support'';
(8) $695,000 from ``United States Secret Service--Operations
and Support'';
(9) $3,915,000 from ``Cybersecurity and Infrastructure
Security Agency--Operations and Support'';
(10) $1,815,000 from ``U.S. Citizenship and Immigration
Services--Operations and Support'';
(11) $313,000 from ``Federal Law Enforcement Training
Centers--Operations and Support'';
(12) $273,000 from ``Science and Technology Directorate--
Operations and Support'';
[[Page 133 STAT. 2533]]
(13) $1,596,000 from ``Countering Weapons of Mass
Destruction Office--Operations and Support''.
Sec. 540. Of the unobligated balances made available to ``Federal
Emergency Management Agency--Disaster Relief Fund'', $300,000,000 shall
be rescinded: 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: Provided
further, That no amounts may be rescinded from the amounts that were
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2020''.
Approved December 20, 2019.
LEGISLATIVE HISTORY--H.R. 1158:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 116-89 (Comm. on Homeland Security).
CONGRESSIONAL RECORD, Vol. 165 (2019):
June 10, considered and passed House.
Sept. 24, considered and passed Senate, amended.
Dec. 17, House concurred in Senate amendment with an
amendment. Senate considered House amendment.
Dec. 19, Senate concurred in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
Dec. 20, Presidential statement.
<all>