[116th Congress Public Law 94]
[From the U.S. Government Publishing Office]
[[Page 2533]]
FURTHER CONSOLIDATED
APPROPRIATIONS ACT, 2020
[[Page 133 STAT. 2534]]
Public Law 116-94
116th Congress
An Act
Making further consolidated appropriations for the fiscal year ending
September 30, 2020, and for other purposes. <<NOTE: Dec. 20,
2019 - [H.R. 1865]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Further
Consolidated Appropriations Act, 2020.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Further Consolidated Appropriations
Act, 2020''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8 Office of Management and Budget Reporting Requirements.
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
[[Page 133 STAT. 2535]]
Title IV--General Provisions
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
Title I--Legislative Branch
Title II--General Provisions
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--Natural Disaster Relief
Title VI--General Provisions
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION I--EXTENSIONS
Title I--Immigration Extensions
Title II--National Flood Insurance Program Extension
Title III--Secure Rural Schools and Community Self-Determination
Extension
Title IV--Export-Import Bank Extension
Title V--Terrorism Risk Insurance Program Extension
Title VI--NASA Enhanced Use Leasing Extension
Title VII--INKSNA Extension
Title VIII--Brand USA Extension
Title IX--DC Opportunity Scholarship Extensions
Title X--Budgetary Effects
DIVISION J--FOREIGN POLICY
DIVISION K--NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN
DIVISION L--DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS
DIVISION M--BIPARTISAN AMERICAN MINERS
DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS
DIVISION O--SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT
DIVISION P--OTHER MATTER
Title I--Platte River Recovery Implementation Program
Title II--Great Lakes
Title III--Morris K. Udall and Stewart L. Udall Foundation
Title IV--White Horse Hill National Game Preserve
Title V--Pittman-Robertson Fund
Title VI--John F. Kennedy Center
Title VII--Preserving America's Battlefields
Title VIII--Veterans Affairs Report on Disability Compensation and the
Positive Association With Exposure to an Herbicide Agent
Title IX--Disaster Recovery Workforce
Title X--Television Viewer Protection
[[Page 133 STAT. 2536]]
Title XI--Eligibility to Receive Signals Under a Distant-Signal
Satellite License
Title XII--Groundfish Trawl Fishery
Title XIII--Temporary Relief from Certain ERISA Requirements
Title XIV--Library of Congress Technical Corrections
Title XV--Senate Entities
Title XVI--Legislative Branch Inspectors General Independence
Title XVII--Managing Political Fund Activity
Title XVIII--Kentucky Wildlands National Heritage Area Study
Title XIX--International Bank for Reconstruction and Development
Title XX--European Energy Security and Diversification Act of 2019
DIVISION Q--REVENUE PROVISIONS
SEC. 3. <<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 H of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020.
SEC. 6. <<NOTE: President.>> AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
(b) Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits such
designations to the Congress.
SEC. 7. <<NOTE: 2 USC 4501 note.>> ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment shall be
made under section 601(a) of the Legislative Reorganization Act of 1946
(2 U.S.C. 4501) (relating to cost of living adjustments for Members of
Congress) during fiscal year 2020.
SEC. 8. OFFICE OF MANAGEMENT AND BUDGET REPORTING REQUIREMENTS.
(a) As of the date of enactment of this Act, section 150 of the
Continuing Appropriations Act, 2020 (division A of Public Law 116-59),
as added by the Further Continuing Appropriations Act, 2020 (division A
of Public Law 116-69), shall no longer have any force or effect.
(b) <<NOTE: Estimates.>> Notwithstanding the ``7 calendar days''
requirement in section 251(a)(7)(B) of the Balanced Budget and Emergency
Deficit
[[Page 133 STAT. 2537]]
Control Act of 1985 (2 U.S.C. 901(a)(7)(B)), for any appropriations Act
for fiscal year 2020 enacted before January 1, 2020, the Office of
Management and Budget shall transmit to the Congress its report under
that section estimating the discretionary budgetary effects of such Acts
not later than January 15, 2020.
DIVISION A-- <<NOTE: Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act,
2020.>> DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I <<NOTE: Department of Labor Appropriations Act, 2020.>>
DEPARTMENT OF LABOR <<NOTE: Time periods.>>
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $3,611,200,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) <<NOTE: Grants. State and local governments.>> for
grants to States for adult employment and training activities,
youth activities, and dislocated worker employment and training
activities, $2,819,832,000 as follows:
(A) $854,649,000 for adult employment and training
activities, of which $142,649,000 shall be available for
the period July 1, 2020 through June 30, 2021, and of
which $712,000,000 shall be available for the period
October 1, 2020 through June 30, 2021;
(B) $913,130,000 for youth activities, which shall
be available for the period April 1, 2020 through June
30, 2021; and
(C) $1,052,053,000 for dislocated worker employment
and training activities, of which $192,053,000 shall be
available for the period July 1, 2020 through June 30,
2021, and of which $860,000,000 shall be available for
the period October 1, 2020 through June 30, 2021:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act; and
(2) for national programs, $791,368,000 as follows:
(A) $270,859,000 for the dislocated workers
assistance national reserve, of which $70,859,000 shall
be available for the period July 1, 2020 through
September 30, 2021, and of which $200,000,000 shall be
available for the period October 1, 2020 through
September 30, 2021: Provided,
That <<NOTE: Coordination.>> funds provided to carry
out section 132(a)(2)(A) of the WIOA may be used to
provide assistance to a State for statewide or local use
in order to address cases where there have been worker
dislocations across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c)
of
[[Page 133 STAT. 2538]]
the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide
assistance to new entrants in the workforce and
incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary of Labor
(referred to in this title as ``Secretary'') may reserve
not more than 10 percent of such funds to provide
technical assistance and carry out additional activities
related to the transition to the WIOA: Provided
further, That of the funds provided under this
subparagraph, $70,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $30,000,000 shall be for workers in the
Appalachian region, as defined by 40 U.S.C.
14102(a)(1) and workers in the Lower Mississippi,
as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat.
2246; 7 U.S.C. 2009aa(2));
(ii) $40,000,000 shall be for the purpose of
developing, offering, or improving educational or
career training programs at community colleges,
defined as public institutions of higher
education, as described in section 101(a) of the
Higher Education Act and at which the associate's
degree is primarily the highest degree awarded,
with other eligible institutions of higher
education, as defined in section 101(a) of the
Higher Education Act, eligible to participate
through consortia, with community colleges as the
lead grantee:
Provided, <<NOTE: Requirements.>> That the
Secretary shall follow the requirements for the
program in House Report 116-62: Provided
further, <<NOTE: Grants.>> That any grant funds
used for apprenticeships shall be used to support
only apprenticeship programs registered under the
National Apprenticeship Act and as referred to in
section 3(7)(B) of the Workforce Innovation and
Opportunity Act;
(B) $55,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2020 through June 30, 2021;
(C) <<NOTE: Grants.>> $91,896,000 for migrant and
seasonal farmworker programs under section 167 of the
WIOA, including $85,229,000 for formula grants (of which
not less than 70 percent shall be for employment and
training services), $6,122,000 for migrant and seasonal
housing (of which not less than 70 percent shall be for
permanent housing), and $545,000 for other discretionary
purposes, which shall be available for the period April
1, 2020 through June 30, 2021: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $94,534,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2020 through June 30,
2021;
[[Page 133 STAT. 2539]]
(E) $98,079,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall be
available for the period April 1, 2020 through June 30,
2021: Provided, <<NOTE: Grants.>> That of this amount,
$25,000,000 shall be for competitive grants to national
and regional intermediaries for activities that prepare
young ex-offenders and school dropouts for employment,
with a priority for projects serving high-crime, high-
poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2020 through June 30, 2021; and
(G) $175,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B)
of the WIOA, to be available to the Secretary to carry
out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, which shall be available for the
period July 1, 2020 through June 30, 2021.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers
as authorized by the WIOA, $1,743,655,000, plus reimbursements, as
follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2020 through June 30, 2021;
(2) $108,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2020 through June 30, 2023, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, <<NOTE: Termination date.>> That any funds transferred
pursuant to the preceding provision shall not be available for
obligation after June 30, 2021: Provided
further, <<NOTE: Notification.>> That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2019
through September 30, 2020:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred to
in this Act as ``OAA''), $405,000,000, which shall be available for the
period April 1, 2020 through June 30, 2021, and may
[[Page 133 STAT. 2540]]
be recaptured and reobligated in accordance with section 517(c) of the
OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2020 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011 and section 405(a) of the Trade Preferences Extension Act of
2015, $680,000,000 together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2020: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,290,583,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) <<NOTE: Grants.>> $2,540,816,000 from the Trust Fund is
for grants to States for the administration of State
unemployment insurance laws as authorized under title III of the
Social Security Act (including not less than $175,000,000 to
carry out reemployment services and eligibility assessments
under section 306 of such Act, any claimants of regular
compensation, as defined in such section, including those who
are profiled as most likely to exhaust their benefits, may be
eligible for such services and assessments: Provided, That of
such amount, $117,000,000 is specified for grants under section
306 of the Social Security Act and is provided to meet the terms
of section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and $58,000,000 is
additional new budget authority specified for purposes of
section 251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for
continued support of the Unemployment Insurance Integrity Center
of Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized under
5 U.S.C. 8501-8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance, and
alternative trade adjustment assistance under the Trade Act of
1974 and under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade
Preferences Extension Act of 2015, and shall be available for
obligation by the States through December 31, 2020, except that
funds used for automation shall be available for Federal
obligation through December 31, 2020, and for State obligation
[[Page 133 STAT. 2541]]
through September 30, 2022, or, if the automation is being
carried out through consortia of States, for State obligation
through September 30, 2026, and for expenditure through
September 30, 2027, and funds for competitive grants awarded to
States for improved operations and to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews and provide reemployment
services and referrals to training, as appropriate, shall be
available for Federal obligation through December 31, 2020, and
for obligation by the States through September 30, 2022, and
funds for the Unemployment Insurance Integrity Center of
Excellence shall be available for obligation by the State
through September 30, 2021, and funds used for unemployment
insurance workloads experienced through September 30, 2020 shall
be available for Federal obligation through December 31, 2020;
(2) $12,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) <<NOTE: Grants.>> $646,639,000 from the Trust Fund,
together with $21,413,000 from the General Fund of the Treasury,
is for grants to States in accordance with section 6 of the
Wagner-Peyser Act, and shall be available for Federal obligation
for the period July 1, 2020 through June 30, 2021;
(4) $22,318,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act;
(5) $68,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and related
laws, of which $54,528,000 shall be available for the Federal
administration of such activities, and $14,282,000 shall be
available for grants to States for the administration of such
activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2020
through June 30, 2021:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2020 is projected by the
Department of Labor to exceed 1,706,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other States
in carrying out activities under such title III if the other States
include areas that have suffered a major disaster declared by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the Social Security
Act to make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act: Provided
further, That
[[Page 133 STAT. 2542]]
the Secretary may use funds appropriated for grants to States under
title III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data Exchange
System: Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or which are
used to support the national activities of the Federal-State
unemployment insurance, employment service, or immigration programs, may
be obligated in contracts, grants, or agreements with States and non-
State entities: Provided further, That States awarded competitive
grants for improved operations under title III of the Social Security
Act, or awarded grants to support the national activities of the
Federal-State unemployment insurance system, may award subgrants to
other States and non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That funds
appropriated under this Act for activities authorized under title III of
the Social Security Act and the Wagner-Peyser Act may be used by States
to fund integrated Unemployment Insurance and Employment Service
automation efforts, notwithstanding cost allocation principles
prescribed under the final rule entitled ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards'' at part 200 of title 2, Code of Federal Regulations: Provided
further, That the Secretary, at the request of a State participating in
a consortium with other States, may reallot funds allotted to such State
under title III of the Social Security Act to other States participating
in the consortium or to the entity operating the Unemployment Insurance
Information Technology Support Center in order to carry out activities
that benefit the administration of the unemployment compensation law of
the State making the request: Provided further, That the Secretary may
collect fees for the costs associated with additional data collection,
analyses, and reporting services relating to the National Agricultural
Workers Survey requested by State and local governments, public and
private institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions of 29
U.S.C. 9a, for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2021, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security Act,
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to
the ``Federal Unemployment Benefits and Allowances'' account, such sums
as may be necessary, which shall be available for obligation through
September 30, 2021.
program administration
For expenses of administering employment and training programs,
$108,674,000, together with not to exceed $49,982,000 which
[[Page 133 STAT. 2543]]
may be expended from the Employment Security Administration Account in
the Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall be made
available through September 30, 2021, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The <<NOTE: Contracts.>> Pension Benefit Guaranty Corporation
(``Corporation'') is authorized to make such expenditures, including
financial assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by 31 U.S.C. 9104, as may be necessary in
carrying out the program, including associated administrative expenses,
through September 30, 2020, for the Corporation: Provided, That none of
the funds available to the Corporation for fiscal year 2020 shall be
available for obligations for administrative expenses in excess of
$452,858,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2020, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2024, for
obligations for administrative expenses for every 20,000 additional
terminated participants: Provided <<NOTE: Notification.>> further, That
obligations in excess of the amounts provided for administrative
expenses in this paragraph may be incurred and shall be available
through September 30, 2024 for obligation for unforeseen and
extraordinary pre-termination or termination expenses or extraordinary
multiemployer program related expenses after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That an additional amount shall be available for obligation
through September 30, 2024 to the extent the Corporation's costs exceed
$250,000 for the provision of credit or identity monitoring to affected
individuals upon suffering a security incident or privacy breach, not to
exceed an additional $100 per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $242,000,000.
[[Page 133 STAT. 2544]]
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management Standards,
$43,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract Compliance
Programs, $105,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $115,424,000, together with $2,177,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by 5 U.S.C. 81; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal Security
Agency Appropriation Act, 1947; the Employees' Compensation Commission
Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C.
App. 2012); obligations incurred under the War Hazards Compensation Act
(42 U.S.C. 1701 et seq.); and 50 percent of the additional compensation
and benefits required by section 10(h) of the Longshore and Harbor
Workers' Compensation Act, $234,600,000, together with such amounts as
may be necessary to be charged to the subsequent year appropriation for
the payment of compensation and other benefits for any period subsequent
to August 15 of the current year, for deposit into and to assume the
attributes of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, That <<NOTE: Reimbursement.>> amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary to
reimburse an employer, who is not the employer at the time of injury,
for portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated on
September 30, 2019, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided
further, <<NOTE: Determination.>> That in addition there shall be
transferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C. 8147(c) to
pay an amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of administration for
employees of such fair share entities through September 30, 2020:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration
[[Page 133 STAT. 2545]]
of the Federal Employees' Compensation Act, $74,777,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $25,535,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $20,970,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2021, $14,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to remain
available until expended: Provided, That the Secretary may require that
any person filing a claim for benefits under the Act provide as part of
such claim such identifying information (including Social Security
account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such <<NOTE: 26 USC 9501 note.>> sums as may be necessary from the
Black Lung Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as authorized by
section 9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2020 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): not to exceed $38,246,000 for transfer to the Office
of Workers' Compensation Programs, ``Salaries and Expenses''; not to
exceed $32,844,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $330,000 for transfer to Departmental
Management, ``Office of
[[Page 133 STAT. 2546]]
Inspector General''; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.
Occupational Safety and Health Administration
salaries and expenses
For <<NOTE: Grants. State and local governments.>> necessary
expenses for the Occupational Safety and Health Administration,
$581,787,000, including not to exceed $108,575,000 which shall be the
maximum amount available for grants to States under section 23(g) of the
Occupational Safety and Health Act (the ``Act''), which grants shall be
no less than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by the
Secretary under section 18 of the Act; and, in addition, notwithstanding
31 U.S.C. 3302, the Occupational Safety and Health Administration may
retain up to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education: <<NOTE: Fees.>> Provided, That notwithstanding 31 U.S.C.
3302, the Secretary is authorized, during the fiscal year ending
September 30, 2020, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, <<NOTE: Farms and farming.>> That none of the funds
appropriated under this paragraph shall be obligated or expended to
prescribe, issue, administer, or enforce any standard, rule, regulation,
or order under the Act which is applicable to any person who is engaged
in a farming operation which does not maintain a temporary labor camp
and employs 10 or fewer employees: Provided further, <<NOTE: Small
businesses.>> That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer of 10 or
fewer employees who is included within a category having a Days Away,
Restricted, or Transferred (``DART'') occupational injury and illness
rate, at the most precise industrial classification code for which such
data are published, less than the national average rate as such rates
are most recently published by the Secretary, acting through the Bureau
of Labor Statistics, in accordance with section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one
[[Page 133 STAT. 2547]]
or more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, <<NOTE: Grants. Time period.>> That the foregoing
proviso shall not apply to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $11,537,000 shall be
available for Susan Harwood training grants, of which not less than
$4,500,000 is for Susan Harwood Training Capacity Building Developmental
grants, as described in Funding Opportunity Number SHTG-FY-16-02
(referenced in the notice of availability of funds published in the
Federal Register on May 3, 2016 (81 Fed. Reg. 30568)) for program
activities starting not later than September 30, 2020 and lasting for a
period of 12 months: Provided further, That not less than $3,500,000
shall be for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $379,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That notwithstanding
31 U.S.C. 3302, not to exceed $750,000 may be collected by the National
Mine Health and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be collected, to be
available for mine safety and health education and training activities:
Provided <<NOTE: 30 USC 966 note.>> further, That notwithstanding 31
U.S.C. 3302, the Mine Safety and Health Administration is authorized to
collect and retain up to $2,499,000 from fees collected for the approval
and certification of equipment, materials, and explosives for use in
mines, and may utilize such sums for such activities: <<NOTE: 30 USC
962.>> Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private: Provided further, That <<NOTE: 30
USC 962.>> the Mine Safety and Health Administration is authorized to
promote health and safety education and training in the mining community
through cooperative programs with States, industry, and
safety <<NOTE: 30 USC 962.>> associations: Provided further, That the
Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization: <<NOTE: 30 USC 962.>> Provided further, That
any funds available to the Department of Labor may be used, with the
approval of the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.
[[Page 133 STAT. 2548]]
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $587,000,000, together with not
to exceed $68,000,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
Within this amount, $27,000,000 to remain available until September
30, 2024, for costs associated with the physical move of the Bureau of
Labor Statistics' headquarters, including replication of space,
furniture, fixtures, equipment, and related costs, as well as relocation
of the data center to a shared facility.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $348,056,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$67,325,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2020: Provided further,
That funds available to the Bureau of International Labor Affairs may be
used to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs, by or
through contracts, grants, subgrants and other arrangements: Provided
further, That not more than $53,825,000 shall be for programs to combat
exploitative child labor internationally and not less than $13,500,000
shall be used to implement model programs that address worker rights
issues through technical assistance in countries with which the United
States has free trade agreements or trade preference programs: Provided
further, That $8,040,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2021: Provided
further, That funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided further, That
grants made for the purpose of evaluation shall be awarded through fair
and open competition: Provided further, That funds available for
program evaluation may be transferred to any other appropriate account
in the Department for such purpose: Provided further,
[[Page 133 STAT. 2549]]
That the <<NOTE: Notification.>> Committees on Appropriations of the
House of Representatives and the Senate are notified at least 15 days in
advance of any transfer: Provided further, That the funds available to
the Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce:
Provided <<NOTE: Grants.>> further, That of the amounts made available
to the Women's Bureau, not less than $1,294,000 shall be used for grants
authorized by the Women in Apprenticeship and Nontraditional Occupations
Act.
veterans employment and training
Not to exceed $256,341,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United States
Code, of which:
(1) <<NOTE: Grants.>> $180,000,000 is for Jobs for Veterans
State grants under 38 U.S.C. 4102A(b)(5) to support disabled
veterans' outreach program specialists under section 4103A of
such title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described in
section 4102A(b)(5)(C), which shall be available for obligation
by the States through December 31, 2020, and not to exceed 3
percent for the necessary Federal expenditures for data systems
and contract support to allow for the tracking of participant
and performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $29,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $43,548,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of
title 38, United States Code: Provided, That, up to $500,000
may be used to carry out the Hire VETS Act (division O of Public
Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $55,000,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2020, to
provide services under such section: Provided further, <<NOTE: Time
periods.>> That services provided under sections 2021 or under 2021A may
include, in addition to services to homeless veterans described in
section 2002(a)(1), services to veterans who were
[[Page 133 STAT. 2550]]
homeless at some point within the 60 days prior to program entry or
veterans who are at risk of homelessness within the next 60 days, and
that services provided under section 2023 may include, in addition to
services to the individuals described in subsection (e) of such section,
services to veterans recently released from incarceration who are at
risk of homelessness: Provided further, That notwithstanding paragraph
(3) under this heading, funds appropriated in this paragraph may be used
for data systems and contract support to allow for the tracking of
participant and performance information: Provided further, That
notwithstanding sections 2021(e)(2) and 2021A(f)(2) of title 38, United
States Code, such funds shall be available for expenditure pursuant to
31 U.S.C. 1553.
In addition, <<NOTE: Fees.>> fees may be assessed and deposited in
the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary to carry
out the HIRE Vets Medallion Award Program, as authorized by such Act,
and shall remain available until expended: Provided, That such sums
shall be in addition to any other funds available for such purposes,
including funds available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall
not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $25,269,000, which shall be available through
September 30, 2021.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$85,187,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for which no
funds are provided in this Act: Provided
further, <<NOTE: Notification.>> That the Committees on Appropriations
of
[[Page 133 STAT. 2551]]
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. <<NOTE: Child labor.>> In accordance with Executive
Order 13126, none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor in
industries and host countries already identified by the United States
Department of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of the
funds made available to the Department of Labor for grants under section
414(c) of the American Competitiveness and Workforce Improvement Act of
1998 (29 U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older than 16 years
of age and are not currently enrolled in school within a local
educational agency in the occupations and industries for which employers
are using H-1B visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of Management and
Budget Circular A-133. Where States are recipients of such funds, States
may establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees,
and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not more
than 0.5 percent of each discretionary appropriation made available to
the Employment and Training Administration by this Act to ``Program
Administration'' in order to carry out program integrity activities
relating to any of the programs or activities that are funded under any
such discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may transfer not
more than 0.5 percent of funds made available in paragraphs (1) and (2)
of the ``Office of Job Corps'' account to paragraph (3) of such account
to carry out program integrity activities related to the Job Corps
program: Provided further, That funds transferred under the authority
provided by
[[Page 133 STAT. 2552]]
this subsection shall be available for obligation through September 30,
2021.
(transfer of funds)
Sec. 107. (a) <<NOTE: Evaluations.>> The Secretary may reserve not
more than 0.75 percent from each appropriation made available in this
Act identified in subsection (b) in order to carry out evaluations of
any of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
``Departmental Management'' for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2021: <<NOTE: Plan.>>
Provided, That such funds shall only be available if the Chief
Evaluation Officer of the Department of Labor submits a plan to the
Committees on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days in advance
of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment for
Older Americans'', ``State Unemployment Insurance and Employment Service
Operations'', ``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office
of Federal Contract Compliance Programs'', ``Office of Labor Management
Standards'', ``Occupational Safety and Health Administration'', ``Mine
Safety and Health Administration'', ``Office of Disability Employment
Policy'', funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans Employment and
Training''.
Sec. 108. <<NOTE: Applicability.>> (a) Section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the
following text is part of such section:
``(s)(1) <<NOTE: Time period.>> The provisions of this section
shall not apply for a period of 2 years after the occurrence of a major
disaster to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in any
of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses arising
from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
[[Page 133 STAT. 2553]]
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) <<NOTE: Definitions.>> For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law, and
withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more
companies, directly or indirectly, controls, is controlled by,
or is under common control with, another company.''.
(b) <<NOTE: Effective date.>> This section shall be effective on
the date of enactment of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) <<NOTE: Time period. Effective date.>> In general.--
Subject to paragraph (2), if a petition for H-2B nonimmigrants
filed by an employer in the seafood industry is granted, the
employer may bring the nonimmigrants described in the petition
into the United States at any time during the 120-day period
beginning on the start date for which the employer is seeking
the services of the nonimmigrants without filing another
petition.
(2) <<NOTE: Time period.>> Requirements for crossings after
90th day.--An employer in the seafood industry may not bring H-
2B nonimmigrants into the United States after the date that is
90 days after the start date for which the employer is seeking
the services of the nonimmigrants unless the employer--
(A) <<NOTE: Assessment.>> completes a new
assessment of the local labor market by--
(i) listing job orders in local newspapers on
2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better qualified
United States worker who--
(i) applies for the job; and
(ii) will be available at the time and place
of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
[[Page 133 STAT. 2554]]
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. <<NOTE: Determinations. Wages.>> The determination of
prevailing wage for the purposes of the H-2B program shall be the
greater of--(1) the actual wage level paid by the employer to other
employees with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for the
occupational classification of the position in the geographic area in
which the H-2B nonimmigrant will be employed, based on the best
information available at the time of filing the
petition. <<NOTE: Surveys.>> In the determination of prevailing wage
for the purposes of the H-2B program, the Secretary shall accept private
wage surveys even in instances where Occupational Employment Statistics
survey data are available unless the Secretary determines that the
methodology and data in the provided survey are not statistically
supported.
Sec. 111. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the Secretary
may furnish through grants, cooperative agreements, contracts, and other
arrangements, up to $2,000,000 of excess personal property, at a value
determined by the Secretary, to apprenticeship programs for the purpose
of training apprentices in those programs.
Sec. 113. <<NOTE: Applicability.>> (a) The Act entitled ``An Act to
create a Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is part of such
Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) <<NOTE: Guidelines.>> provide continuous protection
to the Secretary (including during periods not described in
paragraph (1)) and to the members of the immediate family of the
Secretary if there is a unique and articulable threat of
physical harm, in accordance with guidelines established by the
Secretary; and
``(4) <<NOTE: Guidelines.>> provide protection to the
Deputy Secretary of Labor or another senior officer representing
the Secretary of Labor at a public event if there is a unique
and articulable threat of physical harm, in accordance with
guidelines established by the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection
[[Page 133 STAT. 2555]]
(a), for the purpose of performing the duties authorized under
subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer or
special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any authority
provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) <<NOTE: Effective date.>> This section shall be effective on
the date of enactment of this Act.
Sec. 114. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition will not be subject to any
requirement of any Federal law or regulation relating to the disposition
of Federal real property, including but not limited to subchapter III of
chapter 5 of title 40 of the United States Code and subchapter V of
chapter 119 of title 42 of the United States Code. The net proceeds of
such a sale shall be transferred to the Secretary, which shall be
available until expended to carry out the Job Corps Program on Treasure
Island.
(rescission)
Sec. 115. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)),
$150,000,000 are hereby rescinded.
Sec. 116. <<NOTE: Time periods.>> Funds made available in prior
Acts under the heading ``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and Employment Service
Operations'' for fiscal years 2015 through 2019 for automation
acquisitions that are being carried out through consortia of States
shall be available for expenditure for 6 fiscal years after the final
fiscal year that such funds are available to incur new obligations.
Sec. 117. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between the
United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of the
health and safety of the students, the capacity of the program
is retained, and the requirements of section 159(j) of the
Workforce Innovation and Opportunity Act are met.
This title may be cited as the ``Department of Labor Appropriations
Act, 2020''.
[[Page 133 STAT. 2556]]
TITLE II <<NOTE: Department of Health and Human Services Appropriations
Act, 2020.>>
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,626,522,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than $120,000,000
shall be available until expended for carrying out subsections (g)
through (n) and (q) of section 224 of the PHS Act, and for expenses
incurred by the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made under such
law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,194,506,000, of which $138,916,000 shall remain available through
September 30, 2021 to carry out sections 750, 755, 756, 760, 781, and
791 of the PHS Act: Provided, That sections 751(j)(2) and 762(k) of the
PHS Act and the proportional funding amounts in paragraphs (1) through
(4) of section 756(f) of the PHS Act shall not apply to funds made
available under this heading: Provided further, <<NOTE: Waiver
authority. 42 USC 294a note.>> That for any program operating under
section 751 of the PHS Act on or before January 1, 2009, the Secretary
of Health and Human Services (referred to in this title as the
``Secretary'') may hereafter waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project
period of a grant under such section: Provided further, That no funds
shall be available for section 340G-1 of the PHS Act: Provided further,
That fees collected for the disclosure of information under section
427(b) of the Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to
recover the full costs of operating the programs authorized by such
sections and shall remain available until expended for the National
Practitioner Data Bank: Provided further, That funds transferred to
this account to carry out section 846 and subpart 3 of part D of title
III of the PHS Act may be used to make prior year adjustments to awards
made under such section and subpart: Provided further, That
$120,000,000 shall remain available until expended for the purposes of
providing primary health services, assigning National Health Service
Corps (``NHSC'') members to expand the delivery of substance use
disorder treatment services, notwithstanding the assignment priorities
and limitations under sections 333(a)(1)(D), 333(b), and
333A(a)(1)(B)(ii) of the PHS Act, and making payments under the NHSC
Loan Repayment Program under section 338B of such Act: Provided
further, That, within the amount made available in the previous proviso,
$15,000,000 shall remain available until expended for the purposes of
making payments under the
[[Page 133 STAT. 2557]]
NHSC Loan Repayment Program under section 338B of the PHS Act to
individuals participating in such program who provide primary health
services in Indian Health Service facilities, Tribally-Operated 638
Health Programs, and Urban Indian Health Programs (as those terms are
defined by the Secretary), notwithstanding the assignment priorities and
limitations under section 333(b) of such Act: Provided
further, <<NOTE: Applicability. Definition.>> That for purposes of the
previous two provisos, section 331(a)(3)(D) of the PHS Act shall be
applied as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those provided by
masters level, licensed substance use disorder treatment counselors:
Provided further, <<NOTE: Grants.>> That of the funds made available
under this heading, $5,000,000 shall be available to make grants to
establish or expand optional community-based nurse practitioner
fellowship programs that are accredited or in the accreditation process,
with a preference for those in Federally Qualified Health Centers, for
practicing postgraduate nurse practitioners in primary care or
behavioral health.
Of <<NOTE: Grants.>> the funds made available under this heading,
$50,000,000 shall remain available until expended for grants to public
institutions of higher education to expand or support graduate education
for physicians provided by such institutions:
Provided, <<NOTE: Determination.>> That, in awarding such grants, the
Secretary shall give priority to public institutions of higher education
located in States with a projected primary care provider shortage in
2025, as determined by the Secretary: Provided
further, <<NOTE: Determination.>> That grants so awarded are limited to
such public institutions of higher education in States in the top
quintile of States with a projected primary care provider shortage in
2025, as determined by the Secretary: Provided further, That the
minimum amount of a grant so awarded to such an institution shall be not
less than $1,000,000 per year: Provided further, That such <<NOTE: Time
period.>> a grant may be awarded for a period not to exceed 5 years:
Provided further, That such a grant awarded with respect to a year to
such an institution shall be subject to a matching requirement of non-
Federal funds in an amount that is not less than 10 percent of the total
amount of Federal funds provided in the grant to such institution with
respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social Security
Act, $943,784,000: Provided, That notwithstanding sections 502(a)(1)
and 502(b)(1) of the Social Security Act, not more than $119,116,000
shall be available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in subparagraphs
(A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,388,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2022, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$70,000,000, to remain
[[Page 133 STAT. 2558]]
available until expended, shall be available to the Secretary for
carrying out a program of grants and contracts under title XXVI or
section 311(c) of such Act focused on ending the nationwide HIV/AIDS
epidemic, with any grants issued under such section 311(c) administered
in conjunction with title XXVI of the PHS Act, including the limitation
on administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $123,593,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$318,294,000, of which $53,609,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, <<NOTE: Grants.>> That of the funds made
available under this heading for Medicare rural hospital flexibility
grants, $19,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption of health
information technology and up to $1,000,000 shall be to carry out
section 1820(g)(6) of the Social Security Act, with funds provided for
grants under section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to coordinate
rural veterans care between rural providers and the Department of
Veterans Affairs electronic health record system: Provided further,
That notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall
be available for State Offices of Rural Health: Provided further, That
$10,000,000 shall remain available through September 30, 2022, to
support the Rural Residency Development Program: Provided further, That
$110,000,000 shall be for the Rural Communities Opioids Response
Program.
family planning
For carrying out the program under title X of the PHS Act to provide
for voluntary family planning projects, $286,479,000:
Provided, <<NOTE: Abortions.>> That amounts provided to said projects
under such title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or
opposition to any legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,300,000: Provided, That funds made available under
this heading may be used to supplement program support funding provided
under the headings ``Primary Health Care'',
[[Page 133 STAT. 2559]]
``Health Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/
AIDS Program'', ``Health Care Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust Fund
(the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of title
XXI of the PHS Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $10,200,000 shall
be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect to
immunization and respiratory diseases, $433,105,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act with
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention, $1,273,556,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $570,372,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$984,964,000: Provided, That funds made available under this heading
may be available for making grants under section 1509 of the PHS Act for
not less than 21 States, tribes, or tribal organizations: Provided
further, That of the funds made available under this heading,
$15,000,000 shall be available to continue and expand community specific
extension and outreach programs to combat obesity in counties with the
highest levels of obesity: Provided further, That the proportional
funding requirements under section 1503(a) of the PHS Act shall not
apply to funds made available under this heading.
[[Page 133 STAT. 2560]]
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $160,810,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $555,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $196,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $677,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety and
Health Act, with respect to occupational safety and health,
$342,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be available
consistent with the provision regarding administrative expenses in
section 151(b) of division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $570,843,000, of which: (1) $128,421,000 shall
remain available through September 30, 2021 for international HIV/AIDS;
and (2) $173,400,000 shall remain available through September 30, 2022
for global disease detection and emergency response: Provided, That
funds may be used for purchase and insurance of official motor vehicles
in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
[[Page 133 STAT. 2561]]
populations, $850,200,000: Provided, <<NOTE: Time
period. Notice. Deadlines. Reports.>> That the Director of the Centers
for Disease Control and Prevention (referred to in this title as
``CDC'') or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement for up to 180
days to support an activation of the CDC Emergency Operations Center, so
long as the Director or Administrator, as applicable, provides a notice
to the Committees on Appropriations of the House of Representatives and
the Senate within 15 days of the use of this authority and a full report
within 30 days after use of this authority which includes the number of
staff and funding level broken down by the originating center and number
of days detailed: Provided further, That funds appropriated under this
heading may be used to support a contract for the operation and
maintenance of an aircraft in direct support of activities throughout
CDC to ensure the agency is prepared to address public health
preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $25,000,000,
which shall remain available until September 30, 2024: Provided, That
funds made available to this account in this or any prior Act that are
available for the acquisition of real property or for construction or
improvement of facilities shall be available to make improvements on
non-federally owned property, provided that any improvements that are
not adjacent to federally owned property do not exceed $2,500,000, and
that the primary benefit of such improvements accrues to CDC: Provided
further, That funds previously set-aside by CDC for repair and upgrade
of the Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility: Provided further,
That in addition, the prior year unobligated balance of any amounts
assigned to former employees in accounts of CDC made available for
Individual Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the replacement of
the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $198,570,000, of which up to
$5,000,000 may be transferred to the reserve of the Working Capital Fund
authorized under this heading in division F of Public Law 112-74:
Provided, That paragraphs (1) through (3) of subsection (b) of section
2821 of the PHS Act shall not apply to funds appropriated under this
heading and in all other accounts of the CDC: Provided further, That
employees of CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act, or in
overseas assignments, shall be treated as non-Federal employees for
reporting purposes
[[Page 133 STAT. 2562]]
only and shall not be included within any personnel ceiling applicable
to the Agency, Service, or HHS during the period of detail or
assignment: Provided further, That CDC may use up to $10,000 from
amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2021.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,245,442,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and blood
products, $3,624,258,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $477,429,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,114,314,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,374,687,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $5,885,470,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,937,218,000, of which
$1,230,821,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $386,573,000 is provided for the
Institutional Development Awards program.
[[Page 133 STAT. 2563]]
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,556,879,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $824,090,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $802,598,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $3,543,673,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$624,889,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $490,692,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $169,113,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $545,373,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,462,016,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,968,374,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $606,349,000.
[[Page 133 STAT. 2564]]
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research, $403,638,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $151,740,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$335,812,000: Provided, <<NOTE: Public
information. Notification.>> That funds may be used to implement a
reorganization that is presented to an advisory council in a public
meeting and for which the Committees on Appropriations of the House of
Representatives and the Senate have been notified 30 days in advance.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the PHS Act),
$80,760,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $456,911,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2021: Provided
further, That in fiscal year 2020, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of the
National Institutes of Health (referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $832,888,000: Provided, That up to
$60,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $578,141,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the Director,
NIH, $2,239,787,000: Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That all funds credited to the NIH Management
Fund shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided
[[Page 133 STAT. 2565]]
further, That $180,000,000 shall be for the Environmental Influences on
Child Health Outcomes study: Provided further, That $626,511,000 shall
be available for the Common Fund established under section 402A(c)(1) of
the PHS Act: Provided further, That of the funds provided, $10,000
shall be for official reception and representation expenses when
specifically approved by the Director of the NIH: Provided further,
That the Office of AIDS Research within the Office of the Director of
the NIH may spend up to $8,000,000 to make grants for construction or
renovation of facilities as provided for in section 2354(a)(5)(B) of the
PHS Act: Provided further, That $50,000,000 shall be used to carry out
section 404I of the PHS Act (42 U.S.C. 283K), relating to biomedical and
behavioral research facilities: Provided further, That $5,000,000 shall
be transferred to and merged with the appropriation for the ``Office of
Inspector General'' for oversight of grant programs and operations of
the NIH, including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be in addition
to funds otherwise made available for oversight of the NIH: Provided
further, <<NOTE: Time period.>> That the funds provided in the previous
proviso may be transferred from one specified activity to another with
15 days prior approval of the Committees on Appropriations of the House
of Representatives and the Senate: Provided
further, <<NOTE: Consultation. Audit plan. Deadline.>> That the
Inspector General shall consult with the Committees on Appropriations of
the House of Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2020 and 2021 no later than 30
days after the date of enactment of this Act: Provided further, That
amounts available under this heading are also available to establish,
operate, and support the Research Policy Board authorized by section
2034(f) of the 21st Century Cures Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the
PHS Act (relating to pediatric research), as authorized in the Gabriella
Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $200,000,000, to remain available
through September 30, 2024.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes in the appropriations provided to the NIH in
this Act, $492,000,000, to remain available until expended: Provided,
That such amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under section
1001(b)(2)(A) of such Act, and may be transferred by the Director of the
National Institutes of Health to other accounts of the National
Institutes of Health solely
[[Page 133 STAT. 2566]]
for the purposes provided in such Act: Provided
further, <<NOTE: Determination.>> That upon a determination by the
Director that funds transferred pursuant to the previous proviso are not
necessary for the purposes provided, such amounts may be transferred
back to the Account: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,644,974,000: Provided, That of the funds made
available under this heading, $68,887,000 shall be for the National
Child Traumatic Stress Initiative: Provided further, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated
for carrying out section 520A shall be available for carrying out
section 1971 of the PHS Act: Provided further, That in addition to
amounts provided herein, $21,039,000 shall be available under section
241 of the PHS Act to carry out subpart I of part B of title XIX of the
PHS Act to fund section 1920(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available under this Act for section 1920(b) activities shall not exceed
5 percent of the amounts appropriated for subpart I of part B of title
XIX: Provided further, That up to 10 percent of the amounts made
available to carry out the Children's Mental Health Services program may
be used to carry out demonstration grants or contracts for early
interventions with persons not more than 25 years of age at clinical
high risk of developing a first episode of psychosis: Provided further,
That section 520E(b)(2) of the PHS Act shall not apply to funds
appropriated in this Act for fiscal year 2020: Provided further, That
States shall expend at least 10 percent of the amount each receives for
carrying out section 1911 of the PHS Act to support evidence-based
programs that address the needs of individuals with early serious mental
illness, including psychotic disorders, regardless of the age of the
individual at onset: Provided further, That $200,000,000 shall be
available until September 30, 2022 for grants to communities and
community organizations who meet criteria for Certified Community
Behavioral Health Clinics pursuant to section 223(a) of Public Law 113-
93: Provided further, That none of the funds provided for section 1911
of the PHS Act shall be subject to section 241 of such Act: Provided
further, That of the funds made available under this heading,
$19,000,000 shall be to carry out section 224 of the Protecting Access
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, and the SUPPORT for Patients
and Communities Act, $3,756,556,000: Provided, That $1,500,000,000
shall be for State Opioid Response Grants for carrying out activities
pertaining to opioids and stimulants undertaken by the State agency
responsible for administering the substance abuse prevention and
treatment block grant under subpart II of
[[Page 133 STAT. 2567]]
part B of title XIX of the PHS Act (42 U.S.C. 300x-21 et seq.):
Provided further, That of such amount $50,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided further,
That 15 percent of the remaining amount shall be for the States with the
highest mortality rate related to opioid use disorders: Provided
further, That of the amounts provided for State Opioid Response Grants
not more than 2 percent shall be available for Federal administrative
expenses, training, technical assistance, and evaluation: Provided
further, That <<NOTE: Determination.>> of the amount not reserved by
the previous three provisos, the Secretary shall make allocations to
States, territories, and the District of Columbia according to a formula
using national survey results that the Secretary determines are the most
objective and reliable measure of drug use and drug-related deaths:
Provided further, <<NOTE: Time period.>> That the Secretary shall submit
the formula methodology to the Committees on Appropriations of the House
of Representatives and the Senate not less than 15 days prior to
publishing a Funding Opportunity Announcement: Provided further, That
prevention and treatment activities funded through such grants may
include education, treatment (including the provision of medication),
behavioral health services for individuals in treatment programs,
referral to treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each State, as
well as the District of Columbia, shall receive not less than
$4,000,000: Provided further, That in addition to amounts provided
herein, the following amounts shall be available under section 241 of
the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart II of
part B of title XIX; and (2) $2,000,000 to evaluate substance abuse
treatment programs: Provided further, That none of the funds provided
for section 1921 of the PHS Act or State Opioid Response Grants shall be
subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $206,469,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $128,830,000: Provided, That in
addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, <<NOTE: Fees.>> That, in
addition, fees may be collected for the costs of publications, data,
data tabulations, and data analysis completed under title V of the PHS
Act and provided to a public or private entity upon request, which shall
be credited to
[[Page 133 STAT. 2568]]
this appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act for
carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2021: Provided further, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Mental Health'', ``Substance Abuse
Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$338,000,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2020: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2021.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $273,188,478,000, to remain available until
expended.
For making, after May 31, 2020, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2020 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2021, $139,903,075,000, to remain available
until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such quarter,
if submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d)(3) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act, $410,796,100,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be necessary.
[[Page 133 STAT. 2569]]
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,669,744,000, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social Security
Act, funds retained by the Secretary pursuant to section 1893(h) of the
Social Security Act, and such sums as may be collected from authorized
user fees and the sale of data, which shall be credited to this account
and remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the PHS Act shall be credited to and available for
carrying out the purposes of this appropriation: Provided
further, <<NOTE: Fees.>> That the Secretary is directed to collect fees
in fiscal year 2020 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act: Provided further, That
amounts available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act)
shall not exceed the amount specifically provided for such purpose under
this heading in division H of the Consolidated Appropriations Act, 2018
(Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity and
program management, $786,000,000, to remain available through September
30, 2021, to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund, as
authorized by section 201(g) of the Social Security Act, of which
$610,000,000 shall be for the Centers for Medicare & Medicaid Services
program integrity activities, of which $93,000,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3) of
such Act, and of which $83,000,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2020 shall include
measures of the operational efficiency and impact on fraud, waste, and
abuse in the Medicare, Medicaid, and CHIP programs for the funds
provided by this appropriation: Provided further, That of the amount
provided under this heading, $311,000,000 is provided to meet the terms
of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $475,000,000 is additional new
budget authority specified for purposes of section 251(b)(2)(C) of such
Act: Provided further, That the Secretary shall provide not less than
$18,000,000 for the Senior Medicare Patrol program to combat health care
fraud and abuse from the funds provided to this account.
[[Page 133 STAT. 2570]]
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960,
$2,890,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2021, $1,400,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except as
otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602 of
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $3,740,304,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $2,988,000 may be reserved by the Secretary
of Health and Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal controls,
policies and procedures and the Secretary may, in addition to the
authorities provided in section 2609A(a)(1), use such funds through
contracts with private entities that do not qualify as nonprofit
organizations: Provided further, That all but $753,000,000 of the
amount appropriated under this heading shall be allocated as though the
total appropriation for such payments for fiscal year 2020 was less than
$1,975,000,000: Provided further, That, after applying all applicable
provisions of section 2604 of such Act and the previous proviso, each
State or territory that would otherwise receive an allocation that is
less than 97 percent of the amount that it received under this heading
for fiscal year 2019 from amounts appropriated in Public Law 115-245
shall have its allocation increased to that 97 percent level, with the
portions of other States' and territories' allocations that would exceed
100 percent of the amounts they respectively received in such fashion
for fiscal year 2019 being ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980, and for
carrying out section 462 of the Homeland Security Act of 2002, section
235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$1,908,201,000, of which $1,864,446,000 shall remain available through
September 30, 2022 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That not less
than $160,000,000
[[Page 133 STAT. 2571]]
shall be used for legal services, child advocates, and post-release
services: Provided further, <<NOTE: Applicability.>> That the
limitation in section 205 of this Act regarding transfers increasing any
appropriation shall apply to transfers to appropriations under this
heading by substituting ``15 percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $5,826,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section 418
of the Social Security Act (42 U.S.C. 618), including funds appropriated
for that purpose in such section 418 or any other provision of law,
shall be subject to the reservation of funds authority in paragraphs (4)
and (5) of section 658O(a) of the CCDBG Act: Provided further, That in
addition to the amounts required to be reserved by the Secretary under
section 658O(a)(2)(A) of such Act, $174,780,000 shall be for Indian
tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For <<NOTE: Grants.>> carrying out, except as otherwise provided,
the Runaway and Homeless Youth Act, the Head Start Act, the Every
Student Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and Services Act,
the Native American Programs Act of 1974, title II of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978 (adoption
opportunities), part B-1 of title IV and sections 429, 473A, 477(i),
1110, 1114A, and 1115 of the Social Security Act, and the Community
Services Block Grant Act (``CSBG Act''); and for necessary
administrative expenses to carry out titles I, IV, V, X, XI, XIV, XVI,
and XX-A of the Social Security Act, the Act of July 5, 1960, the Low-
Income Home Energy Assistance Act of 1981, the Child Care and
Development Block Grant Act of 1990, the Assets for Independence Act,
title IV of the Immigration and Nationality Act, and section 501 of the
Refugee Education Assistance Act of 1980, $12,876,652,000, of which
$75,000,000, to remain available through September 30, 2021, shall be
for grants to States for adoption and legal guardianship incentive
payments, as defined by section 473A of the Social Security Act and may
be made for adoptions and legal guardianships completed before September
30, 2020: Provided, That $10,613,095,000 shall be for making payments
under the Head Start Act, including for Early
[[Page 133 STAT. 2572]]
Head Start-Child Care Partnerships, and, of which, notwithstanding
section 640 of such Act:
(1) $193,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall not
be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under the
Designation Renewal System, established under the authority of
sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and
such funds shall not be included in the calculation of ``base
grant'' in subsequent fiscal years, as such term is used in
section 640(a)(7)(A) of such Act;
(3) $100,000,000, in addition to funds otherwise available
under such section 640 for such purposes, shall be available
through March 31, 2021 for new grants to entities defined as
eligible under section 645A(d) of such Act for Early Head Start
programs as described in section 645A of such Act, conversion of
Head Start services to Early Head Start services as described in
section 645(a)(5)(A) of such Act, and high quality infant and
toddler care through Early Head Start-Child Care Partnerships,
and for training and technical assistance for such activities;
(4) $250,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in such
section (5);
(5) $4,000,000 shall be available for the purposes of re-
establishing the Tribal Colleges and Universities Head Start
Partnership Program consistent with section 648(g) of such Act;
and
(6) $19,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation of
funds under section 640(a)(2)(C) of such Act in lieu of reducing the
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
640(a)(2)(E) of such Act: Provided further, That $275,000,000 shall be
available until December 31, 2020 for carrying out sections 9212 and
9213 of the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be available for
technical assistance and evaluation related to grants awarded under such
section 9212: Provided further, That $770,383,000 shall be for making
payments under the CSBG Act: Provided further, That $30,383,000 shall
be for section 680 of the CSBG Act, of which not less than $20,383,000
shall be for section 680(a)(2) and not less than $10,000,000 shall be
for section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of such Act, to the extent Community
Services Block Grant funds are distributed as grant funds by a State to
an eligible entity as provided under such Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided
further, <<NOTE: Procedures. Time period. 42 USC 9921 note.>> That the
Secretary shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
[[Page 133 STAT. 2573]]
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the grant
period for any activity consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, <<NOTE: 42 USC 9921 note.>> That intangible
assets in the form of loans, equity investments and other debt
instruments, and program income may be used by grantees for any eligible
purpose consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, <<NOTE: Applicability. 42 USC 9921 note.>> That these
procedures shall apply to such grant funds made available after November
29, 1999: Provided further, That funds appropriated for section
680(a)(2) of the CSBG Act shall be available for financing construction
and rehabilitation and loans or investments in private business
enterprises owned by community development corporations: Provided
further, That $175,000,000 shall be for carrying out section 303(a) of
the Family Violence Prevention and Services Act, of which $7,000,000
shall be allocated notwithstanding section 303(a)(2) of such Act for
carrying out section 309 of such Act: Provided further, That the
percentages specified in section 112(a)(2) of the Child Abuse Prevention
and Treatment Act shall not apply to funds appropriated under this
heading: Provided further, That $1,864,000 shall be for a human
services case management system for federally declared disasters, to
include a comprehensive national case management contract and Federal
costs of administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $92,515,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section: Provided further, That of the funds available to carry out
section 437, to assist in meeting the requirements described in section
471(e)(4)(C), $20,000,000 shall be for grants to each State, territory,
and Indian tribe operating title IV-E plans for developing, enhancing,
or evaluating kinship navigator programs, as described in section
427(a)(1) of such Act, $10,000,000, in addition to funds otherwise
appropriated in section 436 for such purposes, shall be for competitive
grants to regional partnerships as described in section 437(f), and
$2,750,000, in addition to funds otherwise appropriated in section 476
for such purposes, for the Family First
Clearinghouse: <<NOTE: Applicability.>> Provided further, That section
437(b)(1) shall be applied to amounts in the previous proviso by
substituting ``5 percent'' for ``3.3 percent'', and notwithstanding
section 436(b)(1), such reserved amounts may be used for identifying,
establishing, and disseminating practices to meet the criteria specified
in section 471(e)(4)(C): Provided further, That the reservation in
section 437(b)(2) and the limitations in section 437(d) shall not apply
to funds specified in the second proviso: Provided further, That the
minimum grant award for kinship navigator programs in the case of States
and territories shall be $200,000, and, in the case of tribes, shall be
$25,000.
[[Page 133 STAT. 2574]]
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $5,744,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2021,
$3,000,000,000.
For carrying out, after May 31 of the current fiscal year, except as
otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title
II of the Help America Vote Act of 2002, the Assistive Technology Act of
1998, titles II and VII (and section 14 with respect to such titles) of
the Rehabilitation Act of 1973, and for Department-wide coordination of
policy and program activities that assist individuals with disabilities,
$2,171,000,000, together with $52,115,000 to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts appropriated
under this heading may be used for grants to States under section 361 of
the OAA only for disease prevention and health promotion programs and
activities which have been demonstrated through rigorous evaluation to
be evidence-based and effective: Provided further, That of amounts made
available under this heading to carry out sections 311, 331, and 336 of
the OAA, up to one percent of such amounts shall be available for
developing and implementing evidence-based practices for enhancing
senior nutrition, including medically-tailored meals: Provided further,
That notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the OAA may be
transferred to the Secretary of Agriculture in accordance with such
section: Provided further, That $2,000,000 shall be for competitive
grants to support alternative financing programs that provide for the
purchase of assistive technology devices, such as a low-interest loan
fund; an interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That applicants
shall provide an assurance that, and information describing the manner
in which, the alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State agencies and
community-based disability organizations that are directed by and
operated for individuals with disabilities shall be eligible to compete:
Provided <<NOTE: Notice. Deadline.>> further, That
[[Page 133 STAT. 2575]]
none of the funds made available under this heading may be used by an
eligible system (as defined in section 102 of the Protection and
Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802)) to
continue to pursue any legal action in a Federal or State court on
behalf of an individual or group of individuals with a developmental
disability (as defined in section 102(8)(A) of the Developmental
Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C.
15002(8)(A)) that is attributable to a mental impairment (or a
combination of mental and physical impairments), that has as the
requested remedy the closure of State operated intermediate care
facilities for people with intellectual or developmental disabilities,
unless reasonable public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the legal
guardians who have been specifically awarded authority by the courts to
make healthcare and residential decisions on behalf of such individuals)
who are affected by such action, within 90 days of instituting such
legal action, which informs such individuals (or such legal guardians)
of their legal rights and how to exercise such rights consistent with
current Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not apply in the
case of an individual who is neither competent to consent nor has a
legal guardian, nor shall the proviso apply in the case of individuals
who are a ward of the State or subject to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor vehicles,
and for carrying out titles III, XVII, XXI, and section 229 of the PHS
Act, the United States-Mexico Border Health Commission Act, and research
studies under section 1110 of the Social Security Act, $479,629,000,
together with $64,828,000 from the amounts available under section 241
of the PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount, $53,900,000
shall be for minority AIDS prevention and treatment activities:
Provided further, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants to
public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Federal
costs associated with administering and evaluating such contracts and
grants, of which not more than 10 percent of the available funds shall
be for training and technical assistance, evaluation, outreach, and
additional program support activities, and of the remaining amount 75
percent shall be for replicating programs that have been proven
effective through rigorous evaluation to reduce teenage pregnancy,
behavioral risk factors underlying teenage pregnancy, or other
associated risk factors, and 25 percent shall be available for research
and demonstration grants to develop, replicate, refine, and test
additional models and innovative strategies for preventing teenage
pregnancy: Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS Act,
$6,800,000 shall be available
[[Page 133 STAT. 2576]]
to carry out evaluations (including longitudinal evaluations) of teenage
pregnancy prevention approaches: Provided further, That of the funds
made available under this heading, $35,000,000 shall be for making
competitive grants which exclusively implement education in sexual risk
avoidance (defined as voluntarily refraining from non-marital sexual
activity): Provided further, <<NOTE: Sexual risk avoidance.>> That
funding for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications
by educational, scientific, governmental, or health organizations;
implement an evidence-based approach integrating research findings with
practical implementation that aligns with the needs and desired outcomes
for the intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion, dating
violence, and other youth risk behaviors such as underage drinking or
illicit drug use without normalizing teen sexual activity: Provided
further, That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be available for
technical assistance and administrative costs of such programs:
Provided further, <<NOTE: Embryo adoption.>> That funds provided in this
Act for embryo adoption activities may be used to provide to individuals
adopting embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4): Provided further, That of the funds made available under
this heading, $5,000,000 shall be for carrying out prize competitions
sponsored by the Office of the Secretary to accelerate innovation in the
prevention, diagnosis, and treatment of kidney diseases (as authorized
by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $191,881,000 shall remain available until
September 30, 2021, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$80,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
[[Page 133 STAT. 2577]]
office for civil rights
For expenses necessary for the Office for Civil Rights, $38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and cybersecurity
threats to civilian populations, and for other public health
emergencies, $1,037,458,000, of which $561,700,000 shall remain
available through September 30, 2021, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds provided under
this heading for the purpose of acquisition of security countermeasures
shall be in addition to any other funds available for such purpose:
Provided further, That products purchased with funds provided under this
heading may, at the discretion of the Secretary, be deposited in the
Strategic National Stockpile pursuant to section 319F-2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available to
support emergency operations shall remain available through September
30, 2022.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $735,000,000, to
remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the PHS
Act, $705,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $260,000,000; of which $225,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or
[[Page 133 STAT. 2578]]
other extramural mechanism, at a rate in excess of Executive Level II:
Provided, That none of the funds appropriated in this title shall be
used to prevent the NIH from paying up to 100 percent of the salary of
an individual at this rate.
Sec. 203. <<NOTE: Reports.>> None of the funds appropriated in
this Act may be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. <<NOTE: Determination. Evaluation.>> Notwithstanding
section 241(a) of the PHS Act, such portion as the Secretary shall
determine, but not more than 2.5 percent, of any amounts appropriated
for programs authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the implementation
and effectiveness of programs funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in this
Act may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided
further, <<NOTE: Notification.>> That the Committees on Appropriations
of the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 206. <<NOTE: Time period. Contracts.>> In lieu of the
timeframe specified in section 338E(c)(2) of the PHS Act, terminations
described in such section may occur up to 60 days after the effective
date of a contract awarded in fiscal year 2020 under section 338B of
such Act, or at any time if the individual who has been awarded such
contract has not received funds due under the contract.
Sec. 207. <<NOTE: Certification. Family planning. Children and
youth.>> None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. <<NOTE: Child abuse.>> Notwithstanding any other
provision of law, no provider of services under title X of the PHS Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.
Sec. 209. <<NOTE: Abortion.>> None of the funds appropriated by
this Act (including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary denies
participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs the
Secretary that it will not provide, pay for, provide coverage of, or
provide referrals for abortions: Provided, That the Secretary shall
make appropriate prospective adjustments to the capitation payment to
such an entity (based on an actuarially sound estimate
[[Page 133 STAT. 2579]]
of the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program's coverage for such services
and a Medicare Advantage organization described in this section shall be
responsible for informing enrollees where to obtain information about
all Medicare covered services.
Sec. 210. <<NOTE: Gun control.>> None of the funds made available
in this title may be used, in whole or in part, to advocate or promote
gun control.
Sec. 211. <<NOTE: Government employees. Children and youth. AIDS.>>
The Secretary shall make available through assignment not more than 60
employees of the Public Health Service to assist in child survival
activities and to work in AIDS programs through and with funds provided
by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad during fiscal
year 2020:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of
1956. <<NOTE: Consultation.>> The Secretary shall consult with
the Secretary of State and relevant Chief of Mission to ensure
that the authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign Service Act of
1980 and other applicable statutes administered by the
Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act. The
Secretary <<NOTE: Consultation. Grants. Contracts.>> is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or renovate
facilities in those countries as necessary to conduct programs
of assistance for international health activities, including
activities relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health activities
abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel
under section 5304 of title 5, United States Code if such
personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter
[[Page 133 STAT. 2580]]
I of chapter 63 of title 5, United States Code, or section 903
of the Foreign Service Act of 1980, to individuals serving in
the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of the
Office of AIDS Research, may transfer up to 3 percent among institutes
and centers from the total amounts identified by these two Directors as
funding for research pertaining to the human immunodeficiency virus:
Provided, <<NOTE: Notification.>> That the Committees on Appropriations
of the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the Office
of AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out research
identified pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--
In <<NOTE: Procedures. Consultation. Assessments.>> entering into
transactions under subsection (a), the Director may utilize such peer
review procedures (including consultation with appropriate scientific
experts) as the Director determines to be appropriate to obtain
assessments of scientific and technical merit. <<NOTE: Applicability.>>
Such procedures shall apply to such transactions in lieu of the peer
review and advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. <<NOTE: Contracts.>> (a) The Biomedical Advanced Research
and Development Authority (``BARDA'') may enter into a contract, for
more
[[Page 133 STAT. 2581]]
than one but no more than 10 program years, for purchase of research
services or of security countermeasures, as that term is defined in
section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)),
if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) <<NOTE: Determination.>> the Secretary determines that
a multi-year contract will serve the best interests of the
Federal Government by encouraging full and open competition or
promoting economy in administration, performance, and operation
of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 219. <<NOTE: Publication. Web posting.>> (a) The Secretary
shall publish in the fiscal year 2021 budget justification and on
Departmental Web sites information concerning the employment of full-
time equivalent Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying out the
provisions of the ACA, and the amendments made by that Act, in the
proposed fiscal year and each fiscal year since the enactment of the
ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and
the amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from the
report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. <<NOTE: Publication.>> The Secretary shall publish, as
part of the fiscal year 2021 budget of the President submitted under
section 1105(a) of title 31, United States Code, information that
details the uses of all funds used by the Centers for Medicare &
Medicaid Services specifically for Health Insurance Exchanges for each
fiscal year since the enactment of the ACA and the proposed uses for
such funds for fiscal year 2021. Such information shall include, for
each
[[Page 133 STAT. 2582]]
such fiscal year, the amount of funds used for each activity specified
under the heading ``Health Insurance Exchange Transparency'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. <<NOTE: Deadline.>> (a) Within 45 days of enactment of
this Act, the Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts specified, and
for the activities specified under the heading ``Prevention and Public
Health Fund'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. <<NOTE: Time period.>> Effective during the period
beginning on November 1, 2015 and ending January 1, 2022, any provision
of law that refers (including through cross-reference to another
provision of law) to the current recommendations of the United States
Preventive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Secretary
involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect
to breast cancer screening, mammography, and prevention last
issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of the
Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. <<NOTE: Applicability.>> In making Federal financial
assistance, the provisions relating to indirect costs in part 75 of
title 45, Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue to apply to
the National Institutes of Health to the same extent and in the same
manner as such provisions were applied in the third quarter of fiscal
year 2017. None of the funds appropriated in this or prior Acts or
otherwise made available to the Department of Health and Human Services
or to any department or agency may be used to develop or implement a
modified approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of such
deviations from negotiated rates beyond the proportional effect of such
approvals in such quarter.
[[Page 133 STAT. 2583]]
(transfer of funds)
Sec. 225. <<NOTE: Drugs and drug abuse. Time
period. Notification.>> The NIH Director may transfer funds
specifically appropriated for opioid addiction, opioid alternatives,
pain management, and addiction treatment to other Institutes and Centers
of the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations: Provided, That the transfer authority
provided in the previous proviso is in addition to any other transfer
authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act
of 2010 pertaining to enrollments during the open enrollment
period; and
(2) <<NOTE: Notification.>> Notification of any new or
competitive grant awards, including supplements, authorized
under section 330 of the Public Health Service Act.
(b) <<NOTE: Notification. Time period.>> The Committees on
Appropriations of the House and Senate must be notified at least 2
business days in advance of any public release of enrollment information
or the award of such grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $305,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 228. <<NOTE: Reports.>> The Department of Health and Human
Services shall provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and Human
Services shall also be available to pay travel and related expenses of
such an employee or of a member of his or her family, when such employee
is assigned to duty, in the United States or in a U.S. territory, during
a period and in a location that are the subject of a determination of a
public health emergency under section 319 of the Public Health Service
Act and such travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately addressed in that
location at that time. <<NOTE: Definition. Territories.>> For purposes
of this section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin
Islands, American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 230. The Department of Health and Human Services may accept
donations from the private sector, nongovernmental organizations, and
other groups independent of the Federal Government for the care of
unaccompanied alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C.
[[Page 133 STAT. 2584]]
279(g)(2))) in the care of the Office of Refugee Resettlement of the
Administration for Children and Families, including medical goods and
services, which may include early childhood developmental screenings,
school supplies, toys, clothing, and any other items intended to promote
the wellbeing of such children.
Sec. 231. <<NOTE: Aliens. Children and youth.>> (a) None of the
funds provided by this or any prior appropriations Act may be used to
reverse changes in procedures made by operational directives issued to
providers by the Office of Refugee Resettlement on December 18, 2018,
March 23, 2019, and June 10, 2019 regarding the Memorandum of Agreement
on Information Sharing executed April 13, 2018.
(b) <<NOTE: Determination.>> Notwithstanding subsection (a), the
Secretary may make changes to such operational directives upon making a
determination that such changes are necessary to prevent unaccompanied
alien children from being placed in danger, and the Secretary shall
provide a written justification to Congress and the Inspector General of
the Department of Health and Human Services in advance of implementing
such changes.
(c) <<NOTE: Deadline. Assessment.>> Within 15 days of the
Secretary's communication of the justification, the Inspector General of
the Department of Health and Human Services shall provide an assessment,
in writing, to the Secretary and to Committees on Appropriations of the
House of Representatives and the Senate of whether such changes to
operational directives are necessary to prevent unaccompanied children
from being placed in danger.
Sec. 232. <<NOTE: Aliens. Children and youth. Determination.>>
None of the funds made available in this Act under the heading
``Department of Health and Human Services--Administration for Children
and Families--Refugee and Entrant Assistance'' may be obligated to a
grantee or contractor to house unaccompanied alien children (as such
term is defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the case that
the Secretary determines that housing unaccompanied alien children in
such a facility is necessary on a temporary basis due to an influx of
such children or an emergency, provided that--
(1) <<NOTE: Time period. Requirements. Compliance.>> the
terms of the grant or contract for the operations of any such
facility that remains in operation for more than six consecutive
months shall require compliance with--
(A) <<NOTE: Determination.>> the same requirements
as licensed placements, as listed in Exhibit 1 of the
Flores Settlement Agreement that the Secretary
determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care
Worker for every eight (8) children or youth during
waking hours, one (1) on-duty Youth Care Worker for
every sixteen (16) children or youth during sleeping
hours, and clinician ratios to children (including
mental health providers) as required in grantee
cooperative agreements;
(2) <<NOTE: Time period. Waiver
authority. Certification. Reports.>> the Secretary may grant a
60-day waiver for a contractor's or grantee's non-compliance
with paragraph (1) if the Secretary certifies and provides a
report to Congress on the contractor's or grantee's good-faith
efforts and progress towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to a
specific facility;
[[Page 133 STAT. 2585]]
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) <<NOTE: Time periods.>> for any such unlicensed
facility in operation for more than three consecutive months,
ORR shall conduct a minimum of one comprehensive monitoring
visit during the first three months of operation, with quarterly
monitoring visits thereafter; and
(6) <<NOTE: Deadline. Briefing.>> not later than 60 days
after the date of enactment of this Act, ORR shall brief the
Committees on Appropriations of the House of Representatives and
the Senate outlining the requirements of ORR for influx
facilities including any requirement listed in paragraph (1)(A)
that the Secretary has determined are not applicable to non-
State licensed facilities.
Sec. 233. <<NOTE: Notification. Time
period. Analysis. Aliens. Children and youth. 6 USC 279 note.>> In
addition to the existing Congressional notification for formal site
assessments of potential influx facilities, the Secretary shall notify
the Committees on Appropriations of the House of Representatives and the
Senate at least 15 days before operationalizing an unlicensed facility,
and shall (1) specify whether the facility is hard-sided or soft-sided,
and (2) provide analysis that indicates that, in the absence of the
influx facility, the likely outcome is that unaccompanied alien children
will remain in the custody of the Department of Homeland Security for
longer than 72 hours or that unaccompanied alien children will be
otherwise placed in danger. <<NOTE: Reports. Time periods.>> Within 60
days of bringing such a facility online, and monthly thereafter, the
Secretary shall provide to the Committees on Appropriations of the House
of Representatives and the Senate a report detailing the total number of
children in care at the facility, the average length of stay and average
length of care of children at the facility, and, for any child that has
been at the facility for more than 60 days, their length of stay and
reason for delay in release.
Sec. 234. <<NOTE: Congress. Aliens. Children and youth. Time
period.>> None of the funds made available in this Act may be used to
prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))), provided that such Senator or Member has coordinated
the oversight visit with the Office of Refugee Resettlement not less
than two business days in advance to ensure that such visit would not
interfere with the operations (including child welfare and child safety
operations) of such facility.
Sec. 235. <<NOTE: Public information. Web
posting. Reports. Aliens. Children and youth. 6 USC 279 note.>> Not
later than 14 days after the date of enactment of this Act, and monthly
thereafter, the Secretary shall submit to the Committees on
Appropriations of the House of Representatives and the Senate, and make
publicly available online, a report with respect to children who were
separated from their parents or legal guardians by the Department of
Homeland Security (DHS) (regardless of whether or not such separation
was pursuant to an option selected by the children, parents, or
guardians), subsequently classified as unaccompanied alien children, and
transferred to the care and custody of ORR during the previous month.
Each report shall contain the following information:
[[Page 133 STAT. 2586]]
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported by
sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 236. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory as defined in section 229 of this Act at costs not in excess
of those paid for or reimbursed by the Department of Defense.
Sec. 237. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $225,000,000, in addition to any funds otherwise
made available for such purpose in this or subsequent fiscal years,
shall be available for buildings and facilities at the National
Institutes of Health.
Sec. 238. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $225,000,000, shall be available for acquisition
of real property, equipment, construction, demolition, installation,
renovation of facilities, and related infrastructure improvements for
the Centers for Disease Control and Prevention's Chamblee Campus.
Sec. 239. Of the funds provided under the heading ``CDC-Wide
Activities and Program Support'', $85,000,000, to remain available until
expended, shall be available to the Director of the CDC for deposit in
the Infectious Diseases Rapid Response Reserve Fund established by
section 231 of division B of Public Law 115-245:
Provided, <<NOTE: Ebola.>> That such amount may be available for Ebola
preparedness and response activities without regard to the limitations
in the third proviso in such section 231.
(rescission)
Sec. 240. <<NOTE: Deadline.>> Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $350,000,000 are hereby rescinded not later than
September 30, 2020.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2020''.
TITLE III <<NOTE: Department of Education Appropriations Act, 2020.>>
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $16,996,790,000, of which
$6,077,990,000 shall become available on July 1, 2020, and shall remain
available through September 30, 2021, and of which $10,841,177,000 shall
become available on October 1, 2020, and shall remain available through
September 30, 2021, for academic year 2020-2021: Provided, That
$6,459,401,000 shall be for
[[Page 133 STAT. 2587]]
basic grants under section 1124 of the ESEA: Provided further, That up
to $5,000,000 of these funds shall be available to the Secretary of
Education (referred to in this title as ``Secretary'') on October 1,
2019, to obtain annually updated local educational agency-level census
poverty data from the Bureau of the Census: Provided further, That
$1,362,301,000 shall be for concentration grants under section 1124A of
the ESEA: Provided further, That $4,244,050,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$4,244,050,000 shall be for education finance incentive grants under
section 1125A of the ESEA: Provided further, That $219,000,000 shall be
for carrying out subpart 2 of part B of title II: Provided further,
That $45,623,000 shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,486,112,000, of
which $1,340,242,000 shall be for basic support payments under section
7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $17,406,000 shall be for
construction under section 7007(a), $75,313,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 7003(a)
for school year 2019-2020, children enrolled in a school of such agency
that would otherwise be eligible for payment under section 7003(a)(1)(B)
of such Act, but due to the deployment of both parents or legal
guardians, or a parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal guardian
while on active duty (so long as such children reside on Federal
property as described in section 7003(a)(1)(B)), are no longer eligible
under such section, shall be considered as eligible students under such
section, provided such students remain in average daily attendance at a
school in the same local educational agency they attended prior to their
change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,404,967,000, of which $3,575,402,000 shall become available on July
1, 2020, and remain available through September 30, 2021, and of which
$1,681,441,000 shall become available on October 1, 2020, and shall
remain available through September 30, 2021, for academic year 2020-
2021: Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,249,673,000 shall be for part B of title IV:
Provided further, That $36,897,000 <<NOTE: Applicability.>> shall be for
part B of title VI, which may be used for construction, renovation, and
modernization of any public elementary school, secondary school, or
structure related to a public elementary school or secondary school that
serves a
[[Page 133 STAT. 2588]]
predominantly Native Hawaiian student body, and that the 5 percent
limitation in section 6205(b) of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative costs:
Provided further, <<NOTE: Applicability.>> That $35,953,000 shall be
for part C of title VI, which shall be awarded on a competitive basis,
and may be used for construction, and that the 5 percent limitation in
section 6305 of the ESEA on the use of funds for administrative purposes
shall apply only to direct administrative costs: Provided further, That
$52,000,000 shall be available to carry out section 203 of the
Educational Technical Assistance Act of 2002 and the Secretary shall
make such arrangements as determined to be necessary to ensure that the
Bureau of Indian Education has access to services provided under this
section: Provided further, That $16,699,000 shall be available to carry
out the Supplemental Education Grants program for the Federated States
of Micronesia and the Republic of the Marshall Islands: Provided
further, That the Secretary may reserve up to 5 percent of the amount
referred to in the previous proviso to provide technical assistance in
the implementation of these grants: Provided further, That $185,840,000
shall be for part B of title V: Provided further, That $1,210,000,000
shall be available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $180,739,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and $7,365,000
shall be for subpart 3 of part A of title VI: Provided, That
the <<NOTE: Applicability.>> 5 percent limitation in sections 6115(d),
6121(e), and 6133(g) of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part F
of title IV of the ESEA, $1,103,815,000: Provided, That $284,815,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be made
available without regard to sections 2201, 2231(b) and 2241: Provided
further, That $629,000,000 shall be for parts C, D, and E and subpart 4
of part F of title IV, and shall be made available without regard to
sections 4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available for part
C of title IV: Provided further, That of the funds available for part C
of title IV, the Secretary shall use $60,000,000 to carry out section
4304, of which not more than $10,000,000 shall be available to carry out
section 4304(k), $140,000,000, to remain available through March 31,
2021, to carry out section 4305(b), and not more than $15,000,000 to
carry out the activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $190,000,000 shall be available through
December 31, 2020 for subpart 1 of part F of title IV.
[[Page 133 STAT. 2589]]
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part F
of title IV of the ESEA, $210,000,000: Provided, That $105,000,000
shall be available for section 4631, of which up to $5,000,000, to
remain available until expended, shall be for the Project School
Emergency Response to Violence (Project SERV) program: Provided
further, That $25,000,000 shall be available for section 4625: Provided
further, <<NOTE: Extension.>> That $80,000,000 shall be available
through December 31, 2020, for section 4624, of which $6,000,000 shall
be for additional two-year extension awards to grantees that received
such awards in fiscal year 2018.
English Language Acquisition
For carrying out part A of title III of the ESEA, $787,400,000,
which shall become available on July 1, 2020, and shall remain available
through September 30, 2021, except that 6.5 percent of such amount shall
be available on October 1, 2019, and shall remain available through
September 30, 2021, to carry out activities under section 3111(c)(1)(C).
Special Education <<NOTE: State and local governments.>>
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$13,885,228,000, of which $4,352,129,000 shall become available on July
1, 2020, and shall remain available through September 30, 2021, and of
which $9,283,383,000 shall become available on October 1, 2020, and
shall remain available through September 30, 2021, for academic year
2020-2021: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2019, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2019: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under this
heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Provided
further, <<NOTE: 20 USC 1411 note.>> That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under section
612(a)(18)(B) and the amounts distributed to States under the previous
provisos in fiscal year 2012 or any subsequent year shall not be
considered
[[Page 133 STAT. 2590]]
in calculating the awards under section 611(d) for fiscal year 2013 or
for any subsequent fiscal years: Provided
further, <<NOTE: Applicability. Time period.>> That, notwithstanding
the provision in section 612(a)(18)(B) regarding the fiscal year in
which a State's allocation under section 611(d) is reduced for failure
to comply with the requirement of section 612(a)(18)(A), the Secretary
may apply the reduction specified in section 612(a)(18)(B) over a period
of consecutive fiscal years, not to exceed five, until the entire
reduction is applied: Provided further, <<NOTE: 20 USC 1411 note.>>
That the Secretary may, in any fiscal year in which a State's allocation
under section 611 is reduced in accordance with section 612(a)(18)(B),
reduce the amount a State may reserve under section 611(e)(1) by an
amount that bears the same relation to the maximum amount described in
that paragraph as the reduction under section 612(a)(18)(B) bears to the
total allocation the State would have received in that fiscal year under
section 611(d) in the absence of the reduction: Provided
further, <<NOTE: 20 USC 1411 note.>> That the Secretary shall either
reduce the allocation of funds under section 611 for any fiscal year
following the fiscal year for which the State fails to comply with the
requirement of section 612(a)(18)(A) as authorized by section
612(a)(18)(B), or seek to recover funds under section 452 of the General
Education Provisions Act (20 U.S.C. 1234a): Provided further, That the
funds reserved under 611(c) of the IDEA may be used to provide technical
assistance to States to improve the capacity of the States to meet the
data collection requirements of sections 616 and 618 and to administer
and carry out other services and activities to improve data collection,
coordination, quality, and use under parts B and C of the IDEA:
Provided further, That <<NOTE: Evaluation.>> the Secretary may use
funds made available for the State Personnel Development Grants program
under part D, subpart 1 of IDEA to evaluate program performance under
such subpart: Provided further, <<NOTE: Grants.>> That States may use
funds reserved for other State-level activities under sections 611(e)(2)
and 619(f) of the IDEA to make subgrants to local educational agencies,
institutions of higher education, other public agencies, and private
non-profit organizations to carry out activities authorized by those
sections: Provided further, <<NOTE: Grants.>> That, notwithstanding
section 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for grants
pursuant to section 643(e) of such Act, the Secretary shall provide a
grant to each State in an amount equal to the maximum amount described
in section 643(e)(2)(B) of such Act: Provided further, That if more
than 5 States apply for grants pursuant to section 643(e) of the IDEA,
the Secretary shall award funds to those States on the basis of the
States' relative populations of infants and toddlers except that no such
State shall receive a grant in excess of the amount described in section
643(e)(2)(B) of such Act.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,747,739,000, of which $3,610,040,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the
[[Page 133 STAT. 2591]]
Rehabilitation Act, including activities aimed at improving the
education and post-school outcomes of children receiving Supplemental
Security Income (``SSI'') and their families that may result in long-
term improvement in the SSI child recipient's economic status and self-
sufficiency: Provided further, That States may award subgrants for a
portion of the funds to other public and private, nonprofit entities:
Provided further, That any funds made available subsequent to
reallotment for innovative activities aimed at improving the outcomes of
individuals with disabilities shall remain available until September 30,
2021.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $32,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $79,500,000: Provided,
That from the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$137,361,000: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'') and
the Adult Education and Family Literacy Act (``AEFLA''), $1,960,686,000,
of which $1,169,686,000 shall become available on July 1, 2020, and
shall remain available through September 30, 2021, and of which
$791,000,000 shall become available on October 1, 2020, and shall remain
available through September 30, 2021: Provided, That of the amounts
made available for AEFLA, $13,712,000 shall be for national leadership
activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,520,352,000 which shall remain available
through September 30, 2021.
<<NOTE: 20 USC 1070a note.>> The maximum Pell Grant for which a
student shall be eligible during award year 2020-2021 shall be $5,285.
[[Page 133 STAT. 2592]]
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,768,943,000, to remain available through
September 30, 2021: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on the
basis of their past performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of each
servicer to process new and existing accounts: Provided
further, <<NOTE: 20 USC 1087f note.>> That for student loan contracts
awarded prior to October 1, 2017, the Secretary shall allow student loan
borrowers who are consolidating Federal student loans to select from any
student loan servicer to service their new consolidated student loan:
Provided further, That in order to promote accountability and high-
quality service to borrowers, the Secretary shall not award funding for
any contract solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student Aid
(FSA) Next Generation Processing and Servicing Environment, unless such
an environment provides for the participation of multiple student loan
servicers that contract directly with the Department of Education to
manage a unique portfolio of borrower accounts and the full life-cycle
of loans from disbursement to pay-off with certain limited exceptions,
and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Department
shall re-allocate accounts from servicers for recurring non-compliance
with FSA guidelines, contractual requirements, and applicable laws,
including for failure to sufficiently inform borrowers of available
repayment options: Provided further, That such servicers shall be
evaluated based on their ability to meet contract requirements
(including an understanding of Federal and State law), future
performance on the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That to the extent FSA
permits student loan servicing subcontracting, FSA shall hold prime
contractors accountable for meeting the requirements of the contract,
and the performance and expectations of subcontractors shall be
accounted for in the prime contract and in the overall performance of
the prime contractor: Provided further, That FSA shall ensure that the
Next Generation Processing and Servicing Environment, or any new Federal
loan servicing environment, incentivize more support to borrowers at
risk of delinquency or default: Provided further, That FSA shall ensure
that in such environment contractors have the capacity to meet and are
held accountable for performance on service levels; are held accountable
for and have a history of compliance with applicable consumer protection
laws; and have relevant experience and demonstrated effectiveness:
Provided further, <<NOTE: Briefings.>> That the Secretary shall provide
quarterly briefings to the Committees on Appropriations and Education
and Labor of the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of the Senate
on general progress related to solicitations for Federal student loan
servicing contracts: Provided further, That FSA shall strengthen
transparency through expanded publication of aggregate data on student
loan and servicer performance.
[[Page 133 STAT. 2593]]
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$2,475,792,000, of which $24,500,000 shall remain available through
December 31, 2020: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of
the funds referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5 percent of
the funds made available under chapter 2 of subpart 2 of part A of title
IV of the HEA may be used for evaluation.
Howard University
For partial support of Howard University, $240,018,000, of which not
less than $3,405,000 shall be for a matching endowment grant pursuant to
the Howard University Endowment Act and shall remain available until
expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain available
through September 30, 2021: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $212,100,000: Provided further, That these
funds may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the limitations within
section 344(a) of the HEA.
In addition, $16,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to eligible
institutions that are private Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment by having a score of 2.6
or less on the Department of Education's financial responsibility test:
Provided, That the loan has not been paid in full and is not paid in
full during the period of deferment: Provided further, <<NOTE: Time
period.>> That during the period of deferment of such a loan, interest
[[Page 133 STAT. 2594]]
on the loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3-fiscal years and not more
than 6-fiscal years: Provided further, That funds available under this
paragraph shall be used to fund eligible deferment requests submitted
for this purpose in fiscal year 2018: Provided
further, <<NOTE: Outreach plan.>> That the Secretary shall create and
execute an outreach plan to work with States and the Capital Financing
Advisory Board to improve outreach to States and help additional public
Historically Black Colleges and Universities participate in the program.
In addition, $10,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to eligible
institutions that are public Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment, which shall be determined
by the Secretary of Education based on factors including, but not
limited to, equal to or greater than 5 percent of the school's operating
revenue relative to its annual debt service payment: <<NOTE: Time
period.>> Provided, That during the period of deferment of such a
loan, interest on the loan will not accrue or be capitalized, and the
period of deferment shall be for at least a period of 3-fiscal years and
not more than 6-fiscal years.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $623,462,000, which shall remain available through
September 30, 2021: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to link
Statewide elementary and secondary data systems with early childhood,
postsecondary, and workforce data systems, or to further develop such
systems: Provided further, That up to $6,000,000 of the funds available
to carry out section 208 of the Educational Technical Assistance Act may
be used for awards to public or private organizations or agencies to
support activities to improve data coordination, quality, and use at the
local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $430,000,000: Provided, That, notwithstanding any other
provision of law, none of the funds provided by this Act or provided by
previous Appropriations Acts to the Department of Education available
for obligation or expenditure in the current fiscal year may be used for
any activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority,
[[Page 133 STAT. 2595]]
or functionality of the Budget Service of the Department of Education,
relative to the organization and operation of the Budget Service as in
effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $130,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $63,000,000.
General Provisions
Sec. 301. <<NOTE: Voluntary prayer. Meditation.>> No funds
appropriated in this Act may be used to prevent the implementation of
programs of voluntary prayer and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided
further, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be available
from July 1, 2020, through September 30, 2021.
Sec. 304. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2020 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is amended
by striking ``2019'' and inserting ``2020''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is amended
in paragraph (4) by striking ``2019'' and inserting ``2020''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments for student
loan servicing to an institution of higher education that services
outstanding Federal Perkins Loans under part E of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087aa et seq.).
[[Page 133 STAT. 2596]]
(rescission)
Sec. 308. Of the unobligated balances available under the heading
``Student Financial Assistance'' for carrying out subpart 1 of part A of
title IV of the HEA, $500,000,000 are hereby rescinded.
Sec. 309. Of the amounts appropriated under Section
401(b)(7)(A)(iv)(X) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(X)), $50,000,000 are hereby rescinded.
Sec. 310. The Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq) is amended--(1) in the part heading for part B of
title IV, by inserting ``NITA M. LOWEY'' before ``21ST''; and (2) in the
table of contents of that Act, by striking the part heading for part B
of title IV and inserting the following: ``PART B--NITA M. LOWEY 21ST
CENTURY COMMUNITY LEARNING CENTERS''.
Sec. 311. <<NOTE: Waiver authority.>> (a) In General.--For the
purpose of carrying out 34 CFR Sec. 668.206(a)(1), the Secretary of
Education may waive the requirements under 34 CFR Sec. 668.213(b)(1) for
an institution of higher education that offers an associate degree, is a
public institution, and is located in an economically distressed county,
defined as a county with a poverty rate of at least 25 percent based on
the U.S. Census Bureau's Small Area Income and Poverty Estimate program
data for 2017 that was impacted by Hurricane Matthew.
(b) Applicability.--Subsection (a) shall apply to an institution of
higher education that otherwise would be ineligible to participate in a
program under part D of title IV of the Higher Education Act of 1965 on
or after the date of enactment of this Act due to the application of 34
CFR Sec. 668.206(a)(1).
(c) Coverage.--This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
Sec. 312. Of the amounts made available under this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under section 455(m) of such Act
(20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the Secretary
shall specifically conduct outreach to assist borrowers who would
qualify for loan cancellation under section 455(m) of such Act except
that the borrower has made some, or all, of the 120 required payments
under a repayment plan that is not described under section 455(m)(A) of
such Act, to encourage borrowers to enroll in a qualifying repayment
plan: Provided further, <<NOTE: Website.>> That the Secretary shall
also communicate to all Direct Loan borrowers the full requirements of
section 455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information such as
outbound calls, electronic communications, ensuring prominent access to
program requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
Sec. 313. None of the funds made available by this Act may be used
in contravention of section 203 of the Department of Education
Organization Act (20 U.S.C. 3413).
[[Page 133 STAT. 2597]]
Sec. 314. For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $50,000,000, to remain
available until expended, shall be for the cost, as defined under
section 502 of the Congressional Budget Act of 1974, of the Secretary of
Education providing loan cancellation in the same manner as under
section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)),
for borrowers of loans made under part D of title IV of such Act who
would qualify for loan cancellation under section 455(m) except some, or
all, of the 120 required payments under section 455(m)(1)(A) do not
qualify for purposes of the program because they were monthly payments
made in accordance with graduated or extended repayment plans as
described under subparagraph (B) or (C) of section 455(d)(1) or the
corresponding repayment plan for a consolidation loan made under section
455(g) and that were less than the amount calculated under section
455(d)(1)(A), based on a 10-year repayment period:
Provided, <<NOTE: Time periods.>> That the monthly payment made 12
months before the borrower applied for loan cancellation as described in
the matter preceding this proviso and the most recent monthly payment
made by the borrower at the time of such application were each not less
than the monthly amount that would be calculated under, and for which
the borrower would otherwise qualify for, clause (i) or (iv) of section
455(m)(1)(A) regarding income-based or income-contingent repayment
plans, with exception for a borrower who would have otherwise been
eligible under this section but demonstrates an unusual fluctuation of
income over the past 5 years: Provided further, That the total loan
volume, including outstanding principal, fees, capitalized interest, or
accrued interest, at application that is eligible for such loan
cancellation by such borrowers shall not exceed $75,000,000: Provided
further, <<NOTE: Deadline.>> That the Secretary shall develop and make
available a simple method for borrowers to apply for loan cancellation
under this section within 60 days of enactment of this Act: Provided
further, That the Secretary shall provide loan cancellation under this
section to eligible borrowers on a first-come, first-serve basis, based
on the date of application and subject to both the limitation on total
loan volume at application for such loan cancellation specified in the
second proviso and the availability of appropriations under this
section: Provided further, That no borrower may, for the same service,
receive a reduction of loan obligations under both this section and
section 428J, 428K, 428L, or 460 of such Act.
This title may be cited as the ``Department of Education
Appropriations Act, 2020''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $10,000,000: Provided, <<NOTE: Contracts.>> That in order to
[[Page 133 STAT. 2598]]
authorize any central nonprofit agency designated pursuant to section
8503(c) of title 41, United States Code, to perform requirements of the
Committee as prescribed under section 51-3.2 of title 41, Code of
Federal Regulations, the Committee shall enter into a written agreement
with any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $1,650,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title as
``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $806,529,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management of
the grants cycle; (2) $17,538,000 shall be available to provide
assistance to State commissions on national and community service, under
section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B)
of the 1990 Act; (3) $32,500,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $6,400,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be awarded by CNCS
on a competitive basis: Provided further, That for the purposes of
carrying out the 1990 Act, satisfying the requirements in section
122(c)(1)(D) may include a determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under subtitle
D of title I of the 1990 Act, $208,342,000, to remain available until
expended: Provided, <<NOTE: Determination. Notice.>> That CNCS may
transfer additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of the 1990
Act to the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
[[Page 133 STAT. 2599]]
That amounts appropriated for or transferred to the National Service
Trust may be invested under section 145(b) of the 1990 Act without
regard to the requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $83,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,750,000.
administrative provisions
Sec. 401. <<NOTE: Notice. Public information.>> CNCS shall make any
significant changes to program requirements, service delivery or policy
only through public notice and comment rulemaking. For fiscal year 2020,
during any grant selection process, an officer or employee of CNCS shall
not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than an
officer or employee of CNCS that is authorized by CNCS to receive such
information.
Sec. 402. <<NOTE: Requirements. Time period. 42 USC 12571 note.>>
AmeriCorps programs receiving grants under the National Service Trust
program shall meet an overall minimum share requirement of 24 percent
for the first 3 years that they receive AmeriCorps funding, and
thereafter shall meet the overall minimum share requirement as provided
in section 2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section 121(e) or the
member support Federal share limitations in section 140 of the 1990 Act,
and subject to partial waiver consistent with section 2521.70 of title
45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I and
II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act
shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
[[Page 133 STAT. 2600]]
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. <<NOTE: Time period.>> Notwithstanding sections 139(b),
146 and 147 of the 1990 Act, an individual who successfully completes a
term of service of not less than 1,200 hours during a period of not more
than one year may receive a national service education award having a
value of 70 percent of the value of a national service education award
determined under section 147(a) of the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''), as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2022, $465,000,000: Provided, That none of the funds made available to
CPB by this Act shall be used to pay for receptions, parties, or similar
forms of entertainment for Government officials or employees: Provided
further, <<NOTE: Discrimination.>> That none of the funds made
available to CPB by this Act shall be available or used to aid or
support any program or activity from which any person is excluded, or is
denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided
further, <<NOTE: Political test.>> That none of the funds made
available to CPB by this Act shall be used to apply any political test
or qualification in selecting, appointing, promoting, or taking any
other personnel action with respect to officers, agents, and employees
of CPB.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses <<NOTE: Fees.>>
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $47,200,000,
including up to $900,000 to remain available through September 30, 2021,
for activities authorized by the Labor-Management Cooperation Act of
1978: Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up
to full-cost recovery, for special training activities and other
conflict resolution services and technical assistance, including those
provided to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended: Provided further, That fees
for arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts
[[Page 133 STAT. 2601]]
of services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$252,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $8,780,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $12,545,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,350,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $274,224,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and
as defined in section 3(f) of the Act of June 25, 1938, and including in
said definition employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or operated
[[Page 133 STAT. 2602]]
on a mutual, nonprofit basis and at least 95 percent of the water stored
or supplied thereby is used for farming purposes.
administrative provisions
Sec. 407. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be used
to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in an
election to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$14,050,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $16,000,000, which
shall include amounts becoming available in fiscal year 2020 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2021, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $123,500,000, to be derived in such amounts
as determined by the Board from the
[[Page 133 STAT. 2603]]
railroad retirement accounts and from moneys credited to the railroad
unemployment insurance administration fund: Provided, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act this
limitation may be used to hire attorneys only through the excepted
service: Provided further, That the previous proviso shall not change
the status under Federal employment laws of any attorney hired by the
Railroad Retirement Board prior to January 1, 2013: Provided further,
That notwithstanding section 7(b)(9) of the Railroad Retirement Act,
this limitation may be used to hire students attending qualifying
educational institutions or individuals who have recently completed
qualifying educational programs using current excepted hiring
authorities established by the Office of Personnel Management: Provided
further, That $10,000,000, to remain available until expended, shall be
used to supplement, not supplant, existing resources devoted to
operations and improvements for the Board's Information Technology
Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$41,714,889,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury: Provided further, That not more than $101,000,000 shall be
available for research and demonstrations under sections 1110, 1115, and
1144 of the Social Security Act, and remain available through September
30, 2022.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2021, $19,900,000,000, to
remain available until expended.
[[Page 133 STAT. 2604]]
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $12,739,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,500,000 shall be for the Social Security Advisory
Board: Provided further, That $45,000,000 shall remain available until
expended for information technology modernization, including related
hardware and software infrastructure and equipment, and for
administrative expenses directly associated with information technology
modernization: Provided further, That $100,000,000 shall remain
available through September 30, 2021, for activities to address the
disability hearings backlog within the Office of Hearings Operations:
Provided further, That unobligated balances of funds provided under this
paragraph at the end of fiscal year 2020 not needed for fiscal year 2020
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided
further, <<NOTE: Notification.>> That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso:
Provided <<NOTE: Reimbursements.>> further, That reimbursement to the
trust funds under this heading for expenditures for official time for
employees of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
<<NOTE: Reviews. Determination.>> Of the total amount made
available in the first paragraph under this heading, not more than
$1,582,000,000, to remain available through March 31, 2021, is for the
costs associated with continuing disability reviews under titles II and
XVI of the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from services
demonstrate an individual's ability to engage in substantial gainful
activity, for the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations of the
Social Security Administration by Special Assistant United States
Attorneys: Provided, That, of such amount, $273,000,000 is provided to
meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, and
$1,309,000,000 is additional new budget authority specified for purposes
of section 251(b)(2)(B) of such Act: Provided further, <<NOTE: Transfer
authority.>> That, of the additional new budget authority described in
the preceding proviso, up to $10,000,000 may be transferred to the
``Office of Inspector General'', Social Security Administration, for the
cost of jointly operated co-operative disability investigation units:
Provided further, That such transfer authority is in addition
[[Page 133 STAT. 2605]]
to any other transfer authority provided by law: Provided further,
That <<NOTE: Reports.>> the Commissioner shall provide to the Congress
(at the conclusion of the fiscal year) a report on the obligation and
expenditure of these funds, similar to the reports that were required by
section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through
2002.
In addition, $130,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2020 exceed $130,000,000, the amounts shall be available in
fiscal year 2021 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$30,000,000, together with not to exceed $75,500,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, <<NOTE: Notice. Time period.>>
That notice of such transfers shall be transmitted promptly to the
Committees on Appropriations of the House of Representatives and the
Senate at least 15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Lobbying.>> (a) No part of any appropriation
contained in this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or propaganda
purposes, for the preparation, distribution, or use of any kit,
pamphlet, booklet,
[[Page 133 STAT. 2606]]
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local legislature
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) <<NOTE: Gun control.>> The prohibitions in subsections (a) and
(b) shall include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal consumer
product, including its sale or marketing, including but not limited to
the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and Expenses''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. <<NOTE: Abortion.>> (a) None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in
[[Page 133 STAT. 2607]]
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) <<NOTE: Definition.>> The term ``health benefits coverage''
means the package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. <<NOTE: Abortion.>> (a) The limitations established in
the preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) <<NOTE: Discrimination.>> None of the funds made available
in this Act may be made available to a Federal agency or program, or to
a State or local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does not
provide, pay for, provide coverage of, or refer for abortions.
(2) <<NOTE: Definition.>> In this subsection, the term ``health
care entity'' includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a health
maintenance organization, a health insurance plan, or any other kind of
health care facility, organization, or plan.
Sec. 508. <<NOTE: Human embryos.>> (a) None of the funds made
available in this Act may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) <<NOTE: Definition.>> For purposes of this section, the term
``human embryo or embryos'' includes any organism, not protected as a
human subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
Sec. 509. <<NOTE: Drugs and drug abuse.>> (a) None of the funds
made available in this Act may be used for any activity that promotes
the legalization of any drug or other substance included in schedule I
of the schedules of controlled substances established under section 202
of the Controlled Substances Act except for normal and recognized
executive-congressional communications.
[[Page 133 STAT. 2608]]
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 510. <<NOTE: Health and health care.>> None of the funds made
available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act providing for,
or providing for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer or a
health care provider), until legislation is enacted specifically
approving the standard.
Sec. 511. <<NOTE: Contracts. Reports.>> None of the funds made
available in this Act may be obligated or expended to enter into or
renew a contract with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. <<NOTE: Certifications.>> None of the funds made
available by this Act to carry out the Library Services and Technology
Act may be made available to any library covered by paragraph (1) of
section 224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications required
by paragraph (4) of such section.
Sec. 514. <<NOTE: Consultations. Time periods. Notifications.>> (a)
None of the funds provided under this Act, or provided under previous
appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2020, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming of
funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this
[[Page 133 STAT. 2609]]
Act that remain available for obligation or expenditure in fiscal year
2020, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. <<NOTE: Political disclosures.>> (a) None of the funds
made available in this Act may be used to request that a candidate for
appointment to a Federal scientific advisory committee disclose the
political affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not directly
related to and necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. <<NOTE: Deadline. Operating plan.>> Within 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2020
that are different than those specified in this Act, the accompanying
detailed table in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) or the fiscal
year 2020 budget request.
Sec. 517. <<NOTE: Reports. Contracts. Grants.>> The Secretaries of
Labor, Health and Human Services, and Education shall each prepare and
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding $500,000,
individually or in total for a particular project, activity, or
programmatic initiative, in value and awarded by the Department on a
non-competitive basis during each quarter of fiscal year 2020, but not
to include grants awarded on a formula basis or directed by law. Such
report shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed
[[Page 133 STAT. 2610]]
the basis for a conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 519. <<NOTE: Mexico.>> None of the funds appropriated by this
Act may be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and Mexico
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. <<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. 521. <<NOTE: ACORN.>> None of the funds made available under
this or any other Act, or any prior Appropriations Act, may be provided
to the Association of Community Organizations for Reform Now (ACORN), or
any of its affiliates, subsidiaries, allied organizations, or
successors.
Sec. 522. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 523. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 524. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2020'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2024'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of Public
Law 114-113, section 525 of division
[[Page 133 STAT. 2611]]
H of Public Law 115-31, and section 525 of division H of Public Law 115-
141.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 525. <<NOTE: Reports. 31 USC 1502 note.>> Not later than 30
days after the end of each calendar quarter, beginning with the first
month of fiscal year 2020, the Departments of Labor, Health and Human
Services and Education and the Social Security Administration shall
provide the Committees on Appropriations of the House of Representatives
and Senate a report on the status of balances of appropriations:
Provided, That for balances that are unobligated and uncommitted,
committed, and obligated but unexpended, the monthly reports shall
separately identify the amounts attributable to each source year of
appropriation (beginning with fiscal year 2012, or, to the extent
feasible, earlier fiscal years) from which balances were derived.
Sec. 526. <<NOTE: Lists. Grants. Deadline. Time period.>> The
Departments of Labor, Health and Human Services, or Education shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a comprehensive list of any new or
competitive grant award notifications, including supplements, issued at
the discretion of such Departments not less than 3 full business days
before any entity selected to receive a grant award is announced by the
Department or its offices (other than emergency response grants at any
time of the year or for grant awards made during the last 10 business
days of the fiscal year, or if applicable, of the program year).
Sec. 527. <<NOTE: Needles. Drugs and drug abuse.>> Notwithstanding
any other provision of this Act, no funds appropriated in this Act shall
be used to purchase sterile needles or syringes for the hypodermic
injection of any illegal drug:
Provided, <<NOTE: Consultation. Determination.>> That such limitation
does not apply to the use of funds for elements of a program other than
making such purchases if the relevant State or local health department,
in consultation with the Centers for Disease Control and Prevention,
determines that the State or local jurisdiction, as applicable, is
experiencing, or is at risk for, a significant increase in hepatitis
infections or an HIV outbreak due to injection drug use, and such
program is operating in accordance with State and local law.
Sec. 528. <<NOTE: Deadline.>> Each department and related agency
funded through this Act shall provide answers to questions submitted for
the record by members of the Committee within 45 business days after
receipt.
(rescission)
Sec. 529. Of any available amounts appropriated under section
2104(a)(23) of the Social Security Act (42 U.S.C. 1397dd) that are
unobligated as of September 25, 2020, $3,169,819,000 are hereby
rescinded as of such date.
Sec. 530. Of amounts deposited in the Child Enrollment Contingency
Fund prior to the beginning of fiscal year 2020 under section 2104(n)(2)
of the Social Security Act and the income derived from investment of
those funds pursuant to section 2104(n)(2)(C) of that Act,
$6,093,181,000 shall not be available for obligation in this fiscal
year.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2020''.
[[Page 133 STAT. 2612]]
DIVISION B-- <<NOTE: Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2020.>> AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $46,139,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,496,000 shall be available for
the Office of Homeland Security; not to exceed $6,211,000 shall be
available for the Office of Partnerships and Public Engagement, of which
$1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed $22,251,000
shall be available for the Office of the Assistant Secretary for
Administration, of which $21,376,000 shall be available for Departmental
Administration to provide for necessary expenses for management support
services to offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous supplies and
expenses not otherwise provided for and necessary for the practical and
efficient work of the Department: Provided, That funds made available
by this Act to an agency in the Administration mission area for salaries
and expenses are available to fund up to one administrative support
staff for the Office; not to exceed $3,869,000 shall be available for
the Office of Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $7,261,000 shall be
available for the Office of Communications: Provided further, That the
Secretary of Agriculture is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other office of the
Office of the Secretary: Provided further, That no appropriation for
any office shall be increased or decreased by more than 5 percent:
Provided further, That not to exceed $22,000 of the amount made
available under this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation expenses,
not otherwise provided for, as determined by the Secretary: Provided
further, <<NOTE: Reimbursements.>> That the amount made available under
this heading for Departmental Administration shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558: Provided
further, That funds made available under this heading for the Office of
the Assistant Secretary for Congressional Relations and
Intergovernmental Affairs may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain personnel at
the agency level: Provided further, <<NOTE: Time
period. Notification.>> That no funds made available under this heading
for the Office of Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this Act, unless
the Secretary has notified the Committees on Appropriations of both
Houses of Congress on the allocation of
[[Page 133 STAT. 2613]]
these funds by USDA agency: Provided further, That of the funds made
available under this heading, funding shall be made available to the
Office of the Secretary to carry out the duties of the working group
established under section 770 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2019 (Public Law 116-6; 133 Stat. 89): Provided further,
That <<NOTE: Notification. Time period.>> during any 30 day notification
period referenced in section 716 of this Act, the Secretary of
Agriculture, the Secretary of Health and Human Services or the Chairman
of the Commodity Futures Trading Commission, (as the case may be) shall
take no action to begin implementation of the proposal or make any
public announcement in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$24,013,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
$9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $66,580,000, of which not less than $56,000,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
$6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $901,000: Provided, That funds made available by this Act
to an agency in the Civil Rights mission area for salaries and expenses
are available to fund up to one administrative support staff for the
Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $24,206,000.
[[Page 133 STAT. 2614]]
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, $128,167,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $4,503,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General, including
employment pursuant to the Inspector General Act of 1978 (Public Law 95-
452; 5 U.S.C. App.), $98,208,000, including such sums as may be
necessary for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational expenses, including
the payment of informants, to be expended under the direction of the
Inspector General pursuant to the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$45,146,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $800,000: Provided, That
[[Page 133 STAT. 2615]]
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$84,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $180,294,000, of which up to $45,300,000 shall be available
until expended for the Census of Agriculture:
Provided, <<NOTE: Surveys.>> That amounts made available for the Census
of Agriculture may be used to conduct Current Industrial Report surveys
subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For <<NOTE: Kansas.>> necessary expenses of the Agricultural
Research Service and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $1,414,366,000, of which $13,100,000, to remain available
until expended, shall be used for transition and equipment purchases for
the National Bio and Agro-Defense Facility located in Manhattan,
Kansas: <<NOTE: Notification. Strategic plan.>> Provided, That of the
amounts available to the Agricultural Research Service for the National
Bio and Agro-Defense Facility, no funds may be obligated above the
amount provided for the facility in Public Law 116-6 until the Secretary
of Agriculture submits to the Committees on Appropriations of both
Houses of Congress, and receives written or electronic notification of
receipt from such Committees, a strategic plan as required in House
Report 116-107: Provided further, That <<NOTE: 7 USC
2254.>> appropriations hereunder shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, <<NOTE: 7 USC 2254.>> That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $500,000, except for headhouses or
greenhouses which shall each be limited to $1,800,000, except for 10
buildings to be constructed or improved at a cost not to exceed
$1,100,000 each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever is
greater: Provided further, <<NOTE: Contracts.>> That appropriations
hereunder shall be available for entering into lease agreements at any
Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by the Agricultural
Research Service and a condition of the lease shall be that any facility
[[Page 133 STAT. 2616]]
shall be owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
agreement: <<NOTE: Maryland.>> Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): <<NOTE: Easements.>> Provided further, That appropriations
hereunder shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility by
a non-Federal entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be that upon
completion the facility shall be accepted by the Secretary, subject to
the availability of funds herein, if the Secretary finds that acceptance
of the facility is in the interest of the United States: Provided
further, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $192,700,000 to
remain available until expended, of which $166,900,000 shall be
allocated for ARS facilities co-located with university partners.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$962,864,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture and
food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge
grants, and grants management systems shall remain available until
expended: Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska Native and
Native Hawaiian-serving institutions be made available to individual
eligible institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
[[Page 133 STAT. 2617]]
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, the Northern Marianas, and American
Samoa, $526,557,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of Food and
Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C. 3221
for cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c)
of Public Law 93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $38,000,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2021: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $800,000: Provided, That funds made
available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
[[Page 133 STAT. 2618]]
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,042,711,000, of which $470,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $11,520,000, to remain available until expended,
shall be used for the cotton pests program, including for cost share
purposes or for debt retirement for active eradication zones; of which
$37,857,000, to remain available until expended, shall be for Animal
Health Technical Services; of which $1,000,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as amended (15
U.S.C. 1831); of which $62,840,000, to remain available until expended,
shall be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $192,013,000, to remain available until
expended, shall be for specialty crop pests; of which, $13,826,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $16,523,000, to remain available until
expended, shall be for zoonotic disease management; of which
$40,966,000, to remain available until expended, shall be for emergency
preparedness and response; of which $60,000,000, to remain available
until expended, shall be for tree and wood pests; of which $5,725,000,
to remain available until expended, shall be for the National Veterinary
Stockpile; of which up to $1,500,000, to remain available until
expended, shall be for the scrapie program for indemnities; of which
$2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended: Provided
further, That <<NOTE: Kansas.>> of amounts available under this heading
for the screwworm program, $4,990,000 shall remain available until
expended; of which $20,800,000, to remain available until expended,
shall be used to carry out the science program and transition activities
for the National Bio and Agro-defense Facility located in Manhattan,
Kansas: Provided further, <<NOTE: Notification. Strategic plan.>> That
of the amounts available to the Animal and Plant Health Inspection
Service for the National Bio and Agro-Defense Facility, no funds may be
obligated above the amount provided for the facility in Public Law 116-6
until the Secretary of Agriculture submits to the Committees on
Appropriations of both Houses of Congress, and receives written or
electronic notification of receipt from such Committees, a strategic
plan as required in House Report 116-107: Provided
further, <<NOTE: Brucellosis eradication.>> That no funds shall be used
to formulate or administer a brucellosis eradication program for the
current fiscal year that does not require minimum matching by the States
of at least 40 percent: Provided further, That this appropriation shall
be available for the purchase, replacement, operation, and maintenance
of aircraft: Provided further,
[[Page 133 STAT. 2619]]
That in addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency purposes
in the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal <<NOTE: Fees. Reimbursement.>> year 2020, the agency is
authorized to collect fees to cover the total costs of providing
technical assistance, goods, or services requested by States, other
political subdivisions, domestic and international organizations,
foreign governments, or individuals, provided that such fees are
structured such that any entity's liability for such fees is reasonably
based on the technical assistance, goods, or services provided to the
entity by the agency, and such fees shall be reimbursed to this account,
to remain available until expended, without further appropriation, for
providing such assistance, goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$186,936,000, of which $6,000,000 shall be available for the purposes of
section 12306 of Public Law 113-79: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building: Provided further, That up to
$4,454,000 of this appropriation may be used for United States Warehouse
Act activities to supplement amounts made available by the United States
Warehouse Act.
Fees <<NOTE: Fees.>> may be collected for the cost of
standardization activities, as established by regulation pursuant to law
(31 U.S.C. 9701).
[[Page 133 STAT. 2620]]
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses:
Provided, <<NOTE: Notification.>> That if crop size is understated and/
or other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, <<NOTE: Notification.>> That if grain export activities
require additional supervision and oversight, or other uncontrollable
factors occur, this limitation may be exceeded by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food
Safety, $800,000: Provided, That funds made available by this Act to an
agency in the Food Safety mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,054,344,000; and in
addition, $1,000,000 may be credited to
[[Page 133 STAT. 2621]]
this account from fees collected for the cost of laboratory
accreditation as authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infrastructure
system shall remain available until expended: Provided
further, <<NOTE: Employment positions.>> That no fewer than 148 full-
time equivalent positions shall be employed during fiscal year 2020 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as further
clarified by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement value
of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for Farm
Production and Conservation, $901,000: Provided, That funds made
available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $203,877,000: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,122,837,000,
of which not less than $35,000,000 shall be for the hiring of new
employees to fill vacancies at Farm Service Agency county offices and
farm loan officers and shall be available until September 30, 2021:
Provided, <<NOTE: Notification. Expenditure plan. Cost estimates.>>
That not more than 50 percent of the funding made available under this
heading for information technology related to farm program delivery may
be obligated until
[[Page 133 STAT. 2622]]
the Secretary submits to the Committees on Appropriations of both Houses
of Congress, and receives written or electronic notification of receipt
from such Committees of, a plan for expenditure that (1) identifies for
each project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/
investment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates that
each project/investment is, (a) consistent with the Farm Service Agency
Information Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and (c) subject
to the applicable Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government Accountability
Office and approved by the Committees on Appropriations of both Houses
of Congress: Provided further, <<NOTE: Reports. Assessment.>> That the
agency shall submit a report by the end of the fourth quarter of fiscal
year 2020 to the Committees on Appropriations and the Government
Accountability Office, that identifies for each project/investment that
is operational (a) current performance against key indicators of
customer satisfaction, (b) current performance of service level
agreements or other technical metrics, (c) current performance against a
pre-established cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and (e) an
assessment of whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided further,
That the Secretary is authorized to use the services, facilities, and
authorities (but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the Agency:
Provided further, That other funds made available to the Agency for
authorized activities may be advanced to and merged with this account:
Provided further, That funds made available to county committees shall
remain available until expended: Provided further, That none of the
funds available to the Farm Service Agency shall be used to close
Farm <<NOTE: Notification.>> Service Agency county offices: Provided
further, That none of the funds available to the Farm Service Agency
shall be used to permanently relocate county based employees that would
result in an office with two or fewer employees without prior
notification and approval of the Committees on Appropriations of both
Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $5,545,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
[[Page 133 STAT. 2623]]
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described in
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat.
1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
relending program (7 U.S.C. 1936c), and Indian highly fractionated land
loans (25 U.S.C. 5136) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed farm
ownership loans and $1,875,000,000 for farm ownership direct loans;
$1,960,000,000 for unsubsidized guaranteed operating loans and
$1,550,133,000 for direct operating loans; emergency loans, $37,668,000;
Indian tribe land acquisition loans, $20,000,000; guaranteed
conservation loans, $150,000,000; relending program, $18,215,000; Indian
highly fractionated land loans, $10,000,000; and for boll weevil
eradication program loans, $60,000,000: Provided, <<NOTE: Pink
Bollworm.>> That the Secretary shall deem the pink bollworm to be a boll
weevil for the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $58,440,000 for direct
farm operating loans, $20,972,000 for unsubsidized guaranteed farm
operating loans, emergency loans, $2,023,000; relending program,
$5,000,000; Indian highly fractionated land loans, $2,745,000; and
$60,000 for boll weevil eradication loans, to remain available until
expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $317,068,000: Provided, That of
this amount, $290,917,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses'':
Provided further, That of this amount $16,081,000 shall be transferred
to and merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of both Houses of Congress are notified at least 15 days
in advance of any transfer.
[[Page 133 STAT. 2624]]
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $58,361,000:
Provided, That $2,000,000 shall be available for compliance and
integrity activities required under section 516(b)(2)(C) of the Federal
Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)) in addition to other
amounts provided: Provided further, That not to exceed $1,000 shall be
available for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$829,628,000, to remain available until September 30, 2021: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That of the amounts made available under this heading,
$5,600,000, shall remain available until expended for the authorities
under 16 U.S.C. 1001-1005 and 1007-1009 for authorized ongoing watershed
projects with a primary purpose of providing water to rural communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and
1007-1009) and in accordance with the provisions of laws relating to the
activities of the Department, $175,000,000, to remain available until
expended: Provided, <<NOTE: Applicability.>> That for funds provided
by this Act or any other prior Act, the limitation regarding the size of
the watershed or subwatershed exceeding two hundred and fifty thousand
acres in which such activities can be undertaken shall only apply for
activities undertaken for the primary purpose of flood prevention
(including structural and
[[Page 133 STAT. 2625]]
land treatment measures): Provided further, That of the amounts made
available under this heading, $70,000,000 shall be allocated to projects
and activities that can commence promptly following enactment; that
address regional priorities for flood prevention, agricultural water
management, inefficient irrigation systems, fish and wildlife habitat,
or watershed protection; or that address authorized ongoing projects
under the authorities of section 13 of the Flood Control Act of December
22, 1944 (Public Law 78-534) with a primary purpose of watershed
protection by preventing floodwater damage and stabilizing stream
channels, tributaries, and banks to reduce erosion and sediment
transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $10,000,000 is provided: Provided, That of the
amounts made available under this heading, $5,000,000 shall remain
available until expended for watershed rehabilitation projects in states
with high-hazard dams and other watershed structures and that have
recently incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
[[Page 133 STAT. 2626]]
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $800,000: Provided, That funds made available by
this Act to an agency in the Rural Development mission area for salaries
and expenses are available to fund up to one administrative support
staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $247,835,000: Provided,
That notwithstanding any other provision of law, funds appropriated
under this heading may be used for advertising and promotional
activities that support Rural Development programs: Provided further,
That in addition to any other funds appropriated for purposes authorized
by section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any
amounts collected under such section, as amended by this Act, will
immediately be credited to this account and will remain available until
expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$1,000,000,000 shall be for direct loans and $24,000,000,000 shall be
for unsubsidized guaranteed loans; $28,000,000 for section 504 housing
repair loans; $40,000,000 for section 515 rental housing; $230,000,000
for section 538 guaranteed multi-family housing loans; $10,000,000 for
credit sales of single
[[Page 133 STAT. 2627]]
family housing acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section 524 site
development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $90,000,000 shall be for
direct loans; section 504 housing repair loans, $4,679,000; section 523
self-help housing land development loans, $577,000; section 524 site
development loans, $546,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $12,144,000:
Provided, <<NOTE: Fees.>> That to support the loan program level for
section 538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected cost of
such loan guarantees pursuant to the provisions of the Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not
be subsidized: Provided further, That applicants in communities that
have a current rural area waiver under section 541 of the Housing Act of
1949 (42 U.S.C. 1490q) shall be treated as living in a rural area for
purposes of section 502 guaranteed loans provided under this heading:
Provided further, That of the amounts available under this paragraph for
section 502 direct loans, no less than $5,000,000 shall be available for
direct loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant authorized by
section 523 of the Housing Act of 1949 until June 1, 2020: Provided
further, <<NOTE: Determination.>> That the Secretary shall implement
provisions to provide incentives to nonprofit organizations and public
housing authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to keep such
properties in the RHS multifamily housing program for a period of time
as determined by the Secretary, with such incentives to include, but not
be limited to, the following: allow such nonprofit entities and public
housing authorities to earn a Return on Investment on their own
resources to include proceeds from low income housing tax credit
syndication, own contributions, grants, and developer loans at favorable
rates and terms, invested in a deal; and allow reimbursement of
organizational costs associated with owner's oversight of asset referred
to as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and contracts, as
authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C.
1484, 1486), $18,739,000, to remain available until expended, for direct
farm labor housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the Farm Labor
Program Account shall be transferred to and merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance <<NOTE: Time periods.>> program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness
[[Page 133 STAT. 2628]]
or payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,375,000,000, of which
$40,000,000 shall be available until September 30, 2021; and in addition
such sums as may be necessary, as authorized by section 521(c) of the
Act, to liquidate debt incurred prior to fiscal year 1992 to carry out
the rental assistance program under section 521(a)(2) of the Act:
Provided, That rental assistance agreements entered into or renewed
during the current fiscal year shall be funded for a one-year period:
Provided further, That upon request by an owner of a project financed by
an existing loan under section 514 or 515 of the Act, the Secretary may
renew the rental assistance agreement for a period of 20 years or until
the term of such loan has expired, subject to annual appropriations:
Provided further, That any unexpended balances remaining at the end of
such one-year agreements may be transferred and used for purposes of any
debt reduction; maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2020 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who are
not receiving such assistance: Provided
further, <<NOTE: Applicability.>> That such recaptured rental
assistance shall, to the extent practicable, be applied to another farm
labor multi-family housing project financed under section 514 or 516 of
the Act: Provided further, <<NOTE: Determination.>> That except as
provided in the fourth proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2020 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
multi-family housing revitalization program
account <<NOTE: Vouchers. Loans.>>
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $60,000,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $32,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided further,
That the amount of such voucher shall be the difference between
comparable market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided <<NOTE: Determination.>> further, That if the
[[Page 133 STAT. 2629]]
Secretary determines that the amount made available for vouchers in this
or any other Act is not needed for vouchers, the Secretary may use such
funds for the demonstration program for the preservation and
revitalization of multi-family rental housing properties described in
this paragraph: Provided further, That of the funds made available
under this heading, $28,000,000 shall be available for a demonstration
program for the preservation and revitalization of the sections 514,
515, and 516 multi-family rental housing properties to restructure
existing USDA multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the project has
sufficient resources to preserve the project for the purpose of
providing safe and affordable housing for low-income residents and farm
laborers including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt; and other
financial assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns on
investment) required by the Secretary: Provided
further, <<NOTE: Contracts.>> That the Secretary shall as part of the
preservation and revitalization agreement obtain a restrictive use
agreement consistent with the terms of the
restructuring: <<NOTE: Determination.>> Provided further, That if the
Secretary determines that additional funds for vouchers described in
this paragraph are needed, funds for the preservation and revitalization
demonstration program may be used for such vouchers: Provided further,
That if Congress enacts legislation to permanently authorize a multi-
family rental housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use funds made
available for the demonstration program under this heading to carry out
such legislation with the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That in
addition to any other available funds, the Secretary may expend not more
than $1,000,000 total, from the program funds made available under this
heading, for administrative expenses for activities funded under this
heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $45,000,000, to remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $500,000,000 for guaranteed loans.
[[Page 133 STAT. 2630]]
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $49,000,000, to remain
available until expended: Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a Rural Community
Development Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private, nonprofit
community-based housing and community development organizations, low-
income rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community facilities,
community and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to carry out a
program of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: <<NOTE: Grants.>> Provided further, That
$6,000,000 of the amount appropriated under this heading shall be to
provide grants for facilities in rural communities with extreme
unemployment and severe economic depression (Public Law 106-387), with
up to 5 percent for administration and capacity building in the State
rural development offices: Provided <<NOTE: Grants.>> further, That
$5,000,000 of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges, as
authorized by section 306(a)(19) of such Act: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $66,500,000, to remain available until
expended: Provided, <<NOTE: Grants.>> That of the amount appropriated
under this heading, not to exceed $500,000 shall be made available for
one grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development and $9,000,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 2009aa et seq.), the Northern Border Regional
Commission (40 U.S.C. 15101 et seq.), and the Appalachian Regional
Commission (40 U.S.C. 14101 et seq.) for any Rural Community Advancement
Program purpose as described in section 381E(d) of the Consolidated Farm
and Rural Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, <<NOTE: Grants.>> That
$4,000,000 of the amount appropriated under this heading shall be for
business grants to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in order to
promote economic development: Provided further, That sections
[[Page 133 STAT. 2631]]
381E-H and 381N of the Consolidated Farm and Rural Development Act are
not applicable to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $5,219,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$557,000 shall be available through June 30, 2020, for Federally
Recognized Native American Tribes; and of which $1,072,000 shall be
available through June 30, 2020, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $26,600,000, of which $2,800,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised of
individuals who are members of socially disadvantaged groups; and of
which $15,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946, of
which $3,000,000, to remain available until expended, shall be for
Agriculture Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
[[Page 133 STAT. 2632]]
rural microentrepreneur assistance program
For the cost of loans and grants, $6,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s): Provided, That such costs
of loans, including the cost of modifying such loans, shall be defined
in section 502 of the Congressional Budget Act of 1974.
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $706,000: Provided, That
the cost of loan guarantees, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account <<NOTE: Grants.>>
(including transfers of funds)
For the cost of direct loans, loan guarantees and grants for rural
water, waste water, waste disposal, and solid waste management programs
authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and
described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $659,480,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $5,000,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That not to exceed $15,000,000 of the amount
appropriated under this heading shall be for grants authorized by
section 306A(i)(2) of the Consolidated Farm and Rural Development Act in
addition to funding authorized by section 306A(i)(1) of such Act:
Provided further, <<NOTE: Loans.>> That $68,000,000 of the amount
appropriated under this heading shall be for loans and grants including
water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural Development
Act may be provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, <<NOTE: Alaska.>> That not more
than 2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by the State of
Alaska for training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by a consortium formed
pursuant to section 325 of Public Law 105-83 for training and technical
assistance programs: Provided further, That not to exceed $30,000,000
of the amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme
[[Page 133 STAT. 2633]]
need, of which $8,000,000 shall be made available for a grant to a
qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on water
and waste water problems, the principal purpose of such grant shall be
to assist rural communities with populations of 3,300 or less, in
improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided <<NOTE: Contracts.>> further, That not to exceed
$19,570,000 of the amount appropriated under this heading shall be for
contracting with qualified national organizations for a circuit rider
program to provide technical assistance for rural water systems:
Provided further, That not to exceed $4,000,000 shall be for solid waste
management grants: Provided further, That $10,000,000 of the amount
appropriated under this heading shall be transferred to, and merged
with, the Rural Utilities Service, High Energy Cost Grants Account to
provide grants authorized under section 19 of the Rural Electrification
Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year
balances for high-energy cost grants authorized by section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred
to and merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized by
sections 305, 306, and 317 of the Rural Electrification Act of 1936 (7
U.S.C. 935, 936, and 940g) shall be made as follows: loans made pursuant
to sections 305, 306, and 317, notwithstanding 317(c), of that Act,
rural electric, $5,500,000,000; guaranteed underwriting loans pursuant
to section 313A of that Act, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural telecommunications loans,
and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, design
and engineering or improvement of fossil-fueled electric generating
plants (whether new or existing) that utilize carbon subsurface
utilization and storage systems.
For the cost of direct loans as authorized by section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, cost of money rural telecommunications loans, $3,795,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
[[Page 133 STAT. 2634]]
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$11,179,000.
For <<NOTE: Grants.>> grants for telemedicine and distance learning
services in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$50,000,000, to remain available until expended: Provided, That
$3,000,000 shall be made available for grants authorized by 379G of the
Consolidated Farm and Rural Development Act: Provided further, That
funding provided under this heading for grants under 379G of the
Consolidated Farm and Rural Development Act may only be provided to
entities that meet all of the eligibility criteria for a consortium as
established by this section.
For <<NOTE: Loans.>> the cost of broadband loans, as authorized by
section 601 of the Rural Electrification Act, $2,000,000, to remain
available until expended: Provided, That the cost of direct loans shall
be as defined in section 502 of the Congressional Budget Act of 1974.
In addition, $35,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa et seq.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $800,000: Provided, That funds
made available by this Act to an agency in the Food, Nutrition and
Consumer Services mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17
and 21; $23,615,098,000 to remain available through September 30, 2021,
of which such sums as are made available under section 14222(b)(1) of
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for the same
time period and purposes as provided herein: Provided, That of the
total amount available, $18,004,000 shall be available to carry out
section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, <<NOTE: Studies. Evaluations.>> That of the total
amount available, $14,999,000 shall be available to carry out studies
and evaluations and shall remain available until
expended: <<NOTE: Grants.>> Provided further, That of the total amount
available, $30,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
[[Page 133 STAT. 2635]]
and schools to purchase the equipment, with a value of greater than
$1,000, needed to serve healthier meals, improve food safety, and to
help support the establishment, maintenance, or expansion of the school
breakfast program: Provided further, That of the total amount
available, $35,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of 2010 (Public
Law 111-80): Provided further, That section 26(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the
first sentence by striking ``2010 through 2019'' and inserting ``2010
through 2021'': Provided further, That section 9(h)(3) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended
in the first sentence by striking ``For fiscal year 2019'' and inserting
``For fiscal year 2020'': Provided further, That section 9(h)(4) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
amended in the first sentence by striking ``For fiscal year 2019'' and
inserting ``For fiscal year 2020''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available through
September 30, 2021: <<NOTE: Breastfeeding.>> Provided, That
notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available for the
purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in section 17
of such Act: Provided further, That none of the funds provided shall be
available for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by section 17 of
such Act: <<NOTE: Waiver authority.>> Provided further, That upon
termination of a federally mandated vendor moratorium and subject to
terms and conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of a State
agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $67,886,285,000, of which $3,000,000,000,
to remain available through September 30, 2022, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
nutrition education services to State agencies and Federally Recognized
Tribes participating in the Food Distribution Program on Indian
Reservations: Provided further, That <<NOTE: Workfare.>> this
appropriation shall be subject to any work registration or workfare
requirements as may be required by law: Provided further, That funds
made available for Employment and Training under this heading shall
remain available
[[Page 133 STAT. 2636]]
through September 30, 2021: Provided further, That funds made available
under this heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available through
September 30, 2021: Provided further, That none of the funds made
available under this heading may be obligated or expended in
contravention of section 213A of the Immigration and Nationality Act (8
U.S.C. 1183A): <<NOTE: Contracts. Studies. Evaluations.>> Provided
further, That funds made available under this heading may be used to
enter into contracts and employ staff to conduct studies, evaluations,
or to conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; special assistance for the
nuclear affected islands, as authorized by section 103(f)(2) of the
Compact of Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $344,248,000, to remain
available through September 30, 2021: Provided, That none of these
funds shall be available to reimburse the Commodity Credit Corporation
for commodities donated to the program: Provided further, That
notwithstanding any other provision of law, effective with funds made
available in fiscal year 2020 to support the Seniors Farmers' Market
Nutrition Program, as authorized by section 4402 of the Farm Security
and Rural Investment Act of 2002, such funds shall remain available
through September 30, 2021: Provided further, That of the funds made
available under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 20 percent for costs
associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$155,891,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171, as
amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
[[Page 133 STAT. 2637]]
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,775,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $215,513,000, of which no more than 6 percent shall remain
available until September 30, 2021, for overseas operations to include
the payment of locally employed staff: Provided, That the Service may
utilize advances of funds, or reimburse this appropriation for
expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology Fellowship
program, and up to $2,000,000 of the Foreign Agricultural Service
appropriation solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to documentation by the
Foreign Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program of title
I, Food for Peace Act (Public Law 83-480) and the Food for Progress Act
of 1985, $142,000, shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,725,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002
[[Page 133 STAT. 2638]]
(7 U.S.C. 1736o-1), $220,000,000, to remain available until expended:
Provided, That the Commodity Credit Corporation is authorized to provide
the services, facilities, and authorities for the purpose of
implementing such section, subject to reimbursement from amounts
provided herein: Provided further, That of the amount made available
under this heading, not more than 10 percent, but not less than
$20,000,000, shall remain available until expended to purchase
agricultural commodities as described in subsection 3107(a)(2) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,381,000,
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $6,063,000 shall be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $318,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public Law 114-
255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $25,000; and
notwithstanding section 521 of Public Law 107-188; $5,772,442,000:
Provided, That of the amount provided under this heading, $1,074,714,000
shall be derived from prescription drug user fees authorized by 21
U.S.C. 379h, and shall be credited to this account and remain available
until expended; $220,142,000 shall be derived from medical device user
fees authorized by 21 U.S.C. 379j, and shall be credited to this account
and remain available until expended; $513,223,000 shall be derived from
human generic drug user fees authorized by 21 U.S.C. 379j-42, and shall
be credited to this account and
[[Page 133 STAT. 2639]]
remain available until expended; $41,923,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-52,
and shall be credited to this account and remain available until
expended; $30,611,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $20,151,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that exceed
the respective fiscal year 2020 limitations are appropriated and shall
be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2020, including
any such fees collected prior to fiscal year 2020 but credited for
fiscal year 2020, shall be subject to the fiscal year 2020 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2020 of user fees specified under this heading and authorized for
fiscal year 2021, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2021 for which the Secretary
accepts payment in fiscal year 2020 shall not be included in amounts
under this heading: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,088,881,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in the Office
of Regulatory Affairs, of which no less than $15,000,000 shall be used
for inspections of foreign seafood manufacturers and field examinations
of imported seafood; (2) $1,972,093,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the Office of
Regulatory Affairs; (3) $419,302,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $237,741,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $581,761,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $66,712,000 shall be for the
National Center for Toxicological Research; (7) $661,739,000 shall be
for the Center for Tobacco Products and for related field activities in
the Office of Regulatory Affairs; (8) $186,399,000 shall be for Rent and
Related activities, of which $53,913,000 is for White Oak Consolidation,
other than the amounts paid to the General Services Administration for
rent; (9) $239,717,000 shall be for payments to the General Services
Administration for rent; and (10) $318,097,000 shall be for other
activities, including the Office of the Commissioner of Food and Drugs,
the Office of Foods
[[Page 133 STAT. 2640]]
and Veterinary Medicine, the Office of Medical and Tobacco Products, the
Office of Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these offices:
Provided further, That not to exceed $25,000 of this amount shall be for
official reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made
available under this heading for other activities: Provided further,
That of the amounts that are made available under this heading for
``other activities'', and that are not derived from user fees,
$1,500,000 shall be transferred to and merged with the appropriation for
``Department of Health and Human Services--Office of Inspector General''
for oversight of the programs and operations of the Food and Drug
Administration and shall be in addition to funds otherwise made
available for oversight of the Food and Drug Administration: Provided
further, That funds may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-
party logistics provider licensing and inspection fees authorized by 21
U.S.C. 360eee-3(c)(1), third-party auditor fees authorized by 21 U.S.C.
384d(c)(8), and medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and, contingent upon the enactment of
the Over-the-Counter Monograph User Fee Act of 2019, fees relating to
over-the-counter monograph drugs authorized by part 10 of subchapter C
of Chapter VII of the Federal Food, Drug and Cosmetic Act shall be
credited to this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
demolition, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$11,788,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes under the heading ``Salaries and Expenses'',
$75,000,000, to remain available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts
transferred under section 1002(b)(2)(A) of such Act, and may be
transferred by the Commissioner of Food and Drugs to the appropriation
for ``Department
[[Page 133 STAT. 2641]]
of Health and Human Services Food and Drug Administration Salaries and
Expenses'' solely for the purposes provided in such Act: Provided
further, <<NOTE: Determination.>> That upon a determination by the
Commissioner that funds transferred pursuant to the previous proviso are
not necessary for the purposes provided, such amounts may be transferred
back to the account: Provided further, That such transfer authority is
in addition to any other transfer authority provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $284,000,000,
including not to exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which not less than $20,000,000 shall
remain available until September 30, 2021, and of which not less than
$3,200,000 shall be for expenses of the Office of the Inspector General:
Provided, That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the liquidation of
obligations equal to current year payments on leases entered into prior
to the date of enactment of this Act: Provided further, That for the
purpose of recording and liquidating any lease obligations that should
have been recorded and liquidated against accounts closed pursuant to 31
U.S.C. 1552, and consistent with the preceding proviso, such amounts
shall be transferred to and recorded in a no-year account in the
Treasury, which has been established for the sole purpose of recording
adjustments for and liquidating such unpaid obligations.
In addition, for move, replication, and related costs associated
with replacement leases for the Commission's facilities, not to exceed
$31,000,000, to remain available until expended.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $77,000,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, <<NOTE: Notification.>> That the
agency may exceed this limitation by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress:
Provided further, That the purposes of section 3.7(b)(2)(A)(i) of the
Farm Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit
Administration may exempt, an amount in its sole discretion, from the
application of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other than
described in subclause (II) of the clause.
[[Page 133 STAT. 2642]]
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available
to the Department of Agriculture in this Act to purchase new passenger
motor vehicles, in addition to specific appropriations for this purpose,
so long as the total number of vehicles purchased in fiscal year 2020
does not exceed the number of vehicles owned or leased in fiscal year
2018: <<NOTE: Determination.>> Provided, That, prior to purchasing
additional motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce operational
costs, and for the protection of life, property, and public safety:
Provided further, <<NOTE: Notification. Deadline.>> That the Secretary
may not increase the Department of Agriculture's fleet above the 2018
level unless the Secretary notifies in writing, and receives approval
from, the Committees on Appropriations of both Houses of Congress within
30 days of the notification.
Sec. 702. <<NOTE: Notifications.>> Notwithstanding any other
provision of this Act, the Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that are
remaining available of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital equipment
necessary for the delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the Department
of Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by this Act
or any other Act shall be transferred to the Working Capital Fund
without the prior approval of the agency administrator: Provided
further, That none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation without
written notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for obligation or
expenditure to make any changes to the Department's National Finance
Center without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the funds
appropriated by this Act or made available to the Department's Working
Capital Fund shall be available for obligation or expenditure to
initiate, plan, develop, implement, or make any changes to remove or
relocate any systems, missions, or functions of the offices of the Chief
Financial Officer or any personnel from the National Finance Center
prior to written notification to and prior approval of the Committee on
Appropriations of both Houses of Congress and in accordance with the
requirements of section 716 of this Act: Provided further, That the
Secretary of Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and other
government agencies National Finance Center shared services including,
but not limited to, payroll, financial management, and human capital
shared services and allow
[[Page 133 STAT. 2643]]
the National Finance Center to perform technology upgrades: Provided
further, That of annual income amounts in the Working Capital Fund of
the Department of Agriculture attributable to the amounts in excess of
the true costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the Secretary shall
reserve not more than 4 percent for the replacement or acquisition of
capital equipment, including equipment for the improvement, delivery,
and implementation of financial, administrative, and information
technology services, and other systems of the National Finance Center or
to pay any unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved shall be
available for obligation unless the Secretary submits written
notification of the obligation to the Committees on Appropriations of
both Houses of Congress: Provided further, That
the <<NOTE: Determination.>> limitations on the obligation of funds
pending notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary to respond
to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. <<NOTE: Contracts.>> No funds appropriated by this Act
may be used to pay negotiated indirect cost rates on cooperative
agreements or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent of the
total direct cost of the agreement when the purpose of such cooperative
arrangements is to carry out programs of mutual interest between the two
parties. This does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such indirect costs are
computed on a similar basis for all agencies for which appropriations
are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.
Sec. 706. <<NOTE: Determination.>> None of the funds made
available to the Department of Agriculture by this Act may be used to
acquire new information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer, without the
approval of the Chief Information Officer and the concurrence of the
Executive Information Technology Investment Review Board:
<<NOTE: Notification.>> Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of Congress:
Provided further, That, notwithstanding section 11319 of title 40,
United States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for projects,
contracts, or other agreements over $25,000 prior to receipt of written
approval by the Chief Information Officer: Provided further, That the
Chief
[[Page 133 STAT. 2644]]
Information Officer may authorize an agency to obligate funds without
written approval from the Chief Information Officer for projects,
contracts, or other agreements up to $250,000 based upon the performance
of an agency measured against the performance plan requirements
described in the explanatory statement accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or guaranteed
loan under the Rural Electrification Act of 1936, or any not-for-profit
utility that is eligible to receive an insured or direct loan under such
Act, shall be eligible for assistance under section 313B(a) of such Act
in the same manner as a borrower under such Act.
Sec. 709. (a) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2021, for
information technology expenses.
(b) Except as otherwise specifically provided by law, not more than
$20,000,000 in unobligated balances from appropriations made available
for salaries and expenses in this Act for the Rural Development mission
area shall remain available through September 30, 2021, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by the
Agricultural Act of 2014 (Public Law 113-79) or by a successor to that
Act, other than by title I or subtitle A of title III of such Act, or
programs for which indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the Commodity
Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless
[[Page 133 STAT. 2645]]
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of Public
Law 110-246 (7 U.S.C. 612c-6; in this section referred to as ``section
14222''), none of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act of August
24, 1935 (7 U.S.C. 612c; in this section referred to as ``section 32'')
in excess of $1,331,725,000 (exclusive of carryover appropriations from
prior fiscal years), as follows: Child Nutrition Programs Entitlement
Commodities--$485,000,000; State Option Contracts--$5,000,000; Removal
of Defective Commodities--$2,500,000; Administration of Section 32
Commodity Purchases--$35,853,000: Provided, <<NOTE: Notification. Time
period.>> That of the total funds made available in the matter preceding
this proviso that remain unobligated on October 1, 2020, such
unobligated balances shall carryover into fiscal year 2021 and shall
remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and may not be obligated until
the Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available by this
or any other Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause (3) of
section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2021 appropriations Act.
Sec. 716. <<NOTE: Notifications. Time periods.>> (a) None of the
funds provided by this Act, or provided by previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in the current fiscal year, or provided from any accounts
in the Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming, transfer of funds, or
reimbursements as authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority provided by
section 702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C. 2263), that--
[[Page 133 STAT. 2646]]
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives approval
from the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds or the use
of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives approval
from the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming or transfer of such funds
or the use of such authority.
(c) The Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this Act or
specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent of
the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center,
[[Page 133 STAT. 2647]]
office, branch, or similar entity with five or more personnel;
or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least 30 days
in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of Health and
Human Services receives from the Committee on Appropriations of both
Houses of Congress written or electronic mail confirmation of receipt of
the notification as required in this section.
Sec. 717. <<NOTE: Fees.>> Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business and
industry loan in an amount that does not exceed 3 percent of the
guaranteed principal portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and Human
Services, non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 719. <<NOTE: News stories. Notification.>> Unless otherwise
authorized by existing law, none of the funds provided in this Act, may
be used by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United States unless
the story includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 720. <<NOTE: Time period. Reimbursement.>> No employee of the
Department of Agriculture may be detailed or assigned from an agency or
office funded by this Act or any other Act to any other agency or office
of the Department for more than 60 days in a fiscal year unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 721. <<NOTE: Determination. Prisons and prisoners.>> For the
purposes of determining eligibility or level of program assistance for
Rural Development programs the Secretary shall not include incarcerated
prison populations.
Sec. 722. <<NOTE: Deadline. Spending plan.>> Not later than 30 days
after the date of enactment of this Act, the Secretary of Agriculture,
the Commissioner of the Food and Drug Administration, the Chairman of
the Commodity Futures Trading Commission, and the Chairman of the Farm
Credit Administration shall submit to the Committees on Appropriations
of both Houses of Congress a detailed spending plan by program, project,
and activity for all the funds made available under this Act including
appropriated user fees, as defined in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 723. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized
[[Page 133 STAT. 2648]]
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$1,000,000,000 are hereby rescinded.
Sec. 724. <<NOTE: Loans.>> The Secretary shall continue an
intermediary loan packaging program based on the pilot program in effect
for fiscal year 2013 for packaging and reviewing section 502 single
family direct loans. The Secretary shall continue agreements with
current intermediary organizations and with additional qualified
intermediary organizations. The Secretary shall work with these
organizations to increase effectiveness of the section 502 single family
direct loan program in rural communities and shall set aside and make
available from the national reserve section 502 loans an amount
necessary to support the work of such intermediaries and provide a
priority for review of such loans.
Sec. 725. <<NOTE: Loans.>> For loans and loan guarantees that do
not require budget authority and the program level has been established
in this Act, the Secretary of Agriculture may increase the program level
for such loans and loan guarantees by not more than 25 percent:
Provided, That <<NOTE: Notification. Time period.>> prior to the
Secretary implementing such an increase, the Secretary notifies, in
writing, the Committees on Appropriations of both Houses of Congress at
least 15 days in advance.
Sec. 726. <<NOTE: Notification. Approval.>> None of the credit
card refunds or rebates transferred to the Working Capital Fund pursuant
to section 729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C.
2235a; Public Law 107-76) shall be available for obligation without
written notification to, and the prior approval of, the Committees on
Appropriations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only for the
acquisition of plant and capital equipment necessary for the delivery of
financial, administrative, and information technology services,
including cloud adoption and migration, of primary benefit to the
agencies of the Department of Agriculture.
Sec. 727. <<NOTE: Regulations.>> None of the funds made available
by this Act may be used to implement, administer, or enforce the
``variety'' requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program (SNAP)''
published by the Department of Agriculture in the Federal Register on
December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of
Agriculture amends the definition of the term ``variety'' as de fined in
section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in each
staple food category exceeds the number of such items in each staple
food category included in the final rule as published on December 15,
2016: <<NOTE: Applicability. Effective date.>> Provided, That until the
Secretary promulgates such regulatory amendments, the Secretary shall
apply the requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers that were
in effect on the day before the date of the enactment of the
Agricultural Act of 2014 (Public Law 113-79).
Sec. 728. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall
have the same authority with respect to loans guaranteed
[[Page 133 STAT. 2649]]
under such section and eligible lenders for such loans as the Secretary
has under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 729. <<NOTE: Health and health care. Electronic records.>>
None of the funds made available by this Act may be used to propose,
promulgate, or implement any rule, or take any other action with respect
to, allowing or requiring information intended for a prescribing health
care professional, in the case of a drug or biological product subject
to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353(b)(1)), to be distributed to such professional electronically
(in lieu of in paper form) unless and until a Federal law is enacted to
allow or require such distribution.
Sec. 730. None of the funds made available by this or any other Act
may be used to carry out the final rule promulgated by the Food and Drug
Administration and put into effect November 16, 2015, in regards to the
hazard analysis and risk-based preventive control requirements of the
current good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to the
regulation of the production, distribution, sale, or receipt of dried
spent grain byproducts of the alcoholic beverage production process.
Sec. 731. <<NOTE: Determination.>> Funds made available under
title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
used to provide assistance to recipient nations if adequate monitoring
and controls, as determined by the Administrator, are in place to ensure
that emergency food aid is received by the intended beneficiaries in
areas affected by food shortages and not diverted for unauthorized or
inappropriate purposes.
Sec. 732. There is hereby appropriated $12,000,000, to remain
available until expended, to carry out section 6407 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the
Secretary may allow eligible entities, or comparable entities that
provide energy efficiency services using their own billing mechanism to
offer loans to customers in any part of their service territory and to
offer loans to replace a manufactured housing unit with another
manufactured housing unit, if replacement would be more cost effective
in saving energy.
Sec. 733. (a) The Secretary of Agriculture shall--
(1) <<NOTE: Audits.>> conduct audits in a manner that
evaluates the following factors in the country or region being
audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) <<NOTE: Public information. Reports.>> promptly make
publicly available the final reports of any audits or reviews
conducted pursuant to subsection (1).
(b) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with United States obligations under its international
trade agreements.
Sec. 734. No food that bears or contains partially hydrogenated
oils (as defined in the order published by the Food and Drug
Administration in the Federal Register on June 17, 2015 (80 Fed. Reg.
34650 et seq.)) shall be considered to be adulterated within
[[Page 133 STAT. 2650]]
the meaning of subsection (a)(1) or (a)(2)(C)(i) of section 402 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because such
food contains such partially hydrogenated oils until the applicable
compliance dates specified by FDA in the Federal Register on May 21,
2018 (83 Fed. Reg. 23358 et seq.).
Sec. 735. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the issuance
of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133),
or the renewal of such licenses, to class B dealers who sell dogs and
cats for use in research, experiments, teaching, or testing.
Sec. 736. <<NOTE: Iron and steel products.>> (a)(1) No Federal
funds made available for this fiscal year for the rural water, waste
water, waste disposal, and solid waste management programs authorized by
sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a
project for the construction, alteration, maintenance, or repair of a
public water or wastewater system unless all of the iron and steel
products used in the project are produced in the United States.
(2) <<NOTE: Definition.>> In this section, the term ``iron and
steel products'' means the following products made primarily of iron or
steel: lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast concrete, and
construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) <<NOTE: Public information. Records. Time period.>> If the
Secretary or the designee receives a request for a waiver under this
section, the Secretary or the designee shall make available to the
public on an informal basis a copy of the request and information
available to the Secretary or the designee concerning the request, and
shall allow for informal public input on the request for at least 15
days prior to making a finding based on the request. <<NOTE: Web
posting.>> The Secretary or the designee shall make the request and
accompanying information available by electronic means, including on the
official public Internet Web site of the Department.
(d) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection
[[Page 133 STAT. 2651]]
if the plans and specifications have received required approvals from
State agencies prior to the date of enactment of this Act.
(g) <<NOTE: Definitions.>> For purposes of this section, the terms
``United States'' and ``State'' shall include each of the several
States, the District of Columbia, and each federally recognized Indian
tribe.
Sec. 737. <<NOTE: Lobbying.>> None of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 738. <<NOTE: Poultry products. China.>> None of the funds
made available by this Act may be used to procure raw or processed
poultry products imported into the United States from the People's
Republic of China for use in the school lunch program under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42 U.S.C.
1766), the Summer Food Service Program for Children under section 13 of
such Act (42 U.S.C. 1761), or the school breakfast program under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
Sec. 739. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 740. Of the total amounts made available by this Act for
direct loans and grants in section 732 and in the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program Account'';
``Rural Housing Service--Mutual and Self-Help Housing Grants''; ``Rural
Housing Service--Rural Housing Assistance Grants''; ``Rural Housing
Service--Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program Account'';
``Rural Business-Cooperative Service--Rural Cooperative Development
Grants''; ``Rural Utilities Service--Rural Water and Waste Disposal
Program Account''; ``Rural Utilities Service--Rural Electrification and
Telecommunications Loans Program Account''; and ``Rural Utilities
Service--Distance Learning, Telemedicine, and Broadband Program'', to
the maximum extent feasible, at least 10 percent of the funds shall be
allocated for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision regarding
population limits, any county seat of such a persistent poverty county
that has a population that does not exceed the authorized population
limit by more than 10 percent: Provided, That for
purposes <<NOTE: Definition.>> of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as measured by
the 1990 and 2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average, or any territory or possession of the United
States: Provided further <<NOTE: Applicability.>> , That with respect
to specific activities for which program levels have been made available
by this Act that are not supported by budget authority,
[[Page 133 STAT. 2652]]
the requirements of this section shall be applied to such program level.
Sec. 741. <<NOTE: China. Poultry products.>> (a) No funds shall be
used to finalize the proposed rule entitled ``Eligibility of the
People's Republic of China (PRC) to Export to the United States Poultry
Products from Birds Slaughtered in the PRC'' published in the Federal
Register by the Department of Agriculture on June 16, 2017 (82 Fed. Reg.
27625), unless the Secretary of Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry products
comply with all other applicable requirements for poultry
products in interstate commerce in the United States;
(3) <<NOTE: Reviews. Audits.>> conduct periodic verification
reviews and audits of any such plants in the PRC intending to
export into the United States processed poultry products;
(4) <<NOTE: Inspections.>> conduct re-inspection of such
poultry products at United States ports-of-entry to check the
general condition of such products, for the proper certification
and labeling of such products, and for any damage to such
products that may have occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
(b) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with obligations of the United States under any trade
agreement to which the United States is a party.
Sec. 742. In addition to any other funds made available in this Act
or any other Act, there is appropriated $9,000,000 to carry out section
18(g)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(g)), to remain available until expended.
Sec. 743. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of 2014,
for necessary expenses of the Secretary to support projects that provide
access to healthy food in underserved areas, to create and preserve
quality jobs, and to revitalize low-income communities.
Sec. 744. For an additional amount for ``Animal and Plant Health
Inspection Service--Salaries and Expenses'', $8,500,000, to remain
available until September 30, 2021, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 745. <<NOTE: Human embryos.>> None of the funds made
available by this Act may be used to notify a sponsor or otherwise
acknowledge receipt of a submission for an exemption for investigational
use of a drug or biological product under section 505(i) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of
the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include a
heritable genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption may not go
into effect.
[[Page 133 STAT. 2653]]
Sec. 746. <<NOTE: Regulations.>> None of the funds made available
by this or any other Act may be used to enforce the final rule
promulgated by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,'' and published on November 27, 2015, with respect to the
regulation of entities that grow, harvest, pack, or hold wine grapes,
hops, pulse crops, or almonds.
Sec. 747. <<NOTE: Requirement. School lunches.>> For school year
2020-2021, only a school food authority that had a negative balance in
the nonprofit school food service account as of December 31, 2019, shall
be required to establish a price for paid lunches in accordance with
Section 12(p) of the Richard B. Russell National School Lunch Act, 42
U.S.C. 1760(p).
Sec. 748. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for a pilot program for the National
Institute of Food and Agriculture to provide grants to nonprofit
organizations for programs and services to establish and enhance farming
and ranching opportunities for military veterans.
Sec. 749. <<NOTE: School breakfast.>> For school years 2019-2020
and 2020-2021, none of the funds made available by this Act may be used
to implement or enforce the matter following the first comma in the
second sentence of footnote (c) of section 220.8(c) of title 7, Code of
Federal Regulations, with respect to the substitution of vegetables for
fruits under the school breakfast program established under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 750. None of the funds made available by this Act or any other
Act may be used--
(1) in contravention of section 7606 of the Agricultural Act
of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) <<NOTE: Hemp and hemp seeds.>> to prohibit the
transportation, processing, sale, or use of hemp, or seeds of
such plant, that is grown or cultivated in accordance with
subsection section 7606 of the Agricultural Act of 2014 or
Subtitle G of the Agricultural Marketing Act of 1946, within or
outside the State in which the hemp is grown or cultivated.
Sec. 751. <<NOTE: Deadline. Fish and fishing.>> Out of amounts
appropriated to the Food and Drug Administration under title VI, the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs, shall, not later than July 1, 2020, and following the
review required under Executive Order No. 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), issue advice revising the
advice provided in the notice of availability entitled ``Advice About
Eating Fish, From the Environmental Protection Agency and Food and Drug
Administration; Revised Fish Advice; Availability'' (82 Fed. Reg. 6571
(January 19, 2017)), in a manner that is consistent with nutrition
science recognized by the Food and Drug Administration on the net
effects of seafood consumption.
Sec. 752. In addition to any funds made available in this Act or
any other Act, there is hereby appropriated $6,000,000, to remain
available until September 30, 2021, for grants from the National
Institute of Food and Agriculture to the 1890 Institutions to support
the Centers of Excellence.
Sec. 753. There is hereby appropriated $1,000,000 for the Secretary
of Agriculture to carry out a pilot program that assists rural hospitals
to improve long-term operations and financial health
[[Page 133 STAT. 2654]]
by providing technical assistance through analysis of current hospital
management practices.
Sec. 754. There is hereby appropriated $2,000,000, to remain
available until expended, for grants under section 12502 of Public Law
115-334.
Sec. 755. There is hereby appropriated $2,000,000 to carry out
section 1621 of Public Law 110-246.
Sec. 756. <<NOTE: Deadline. Regulations. 7 USC 6509 note.>> Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Agriculture shall issue a final rule based on the proposed
rule entitled ``National Organic Program; Origin of Livestock,''
published in the Federal Register on April 28, 2015 (80 Fed.
Reg. <<NOTE: Public information.>> 23455): Provided, That the final
rule shall incorporate public comments submitted in response to the
proposed rule.
Sec. 757. There is hereby appropriated $3,000,000, to remain
available until September 30, 2021, to carry out section 4003(b) of
Public Law 115-334 relating to demonstration projects for Tribal
Organizations.
Sec. 758. There is hereby appropriated $1,000,000 for the Secretary
to carry out a pilot program that provides forestry inventory analysis,
forest management and economic outcomes modelling for certain currently
enrolled Conservation Reserve Program participants. The
Secretary <<NOTE: Contracts. Grants. Non profit organizations.>> shall
allow the Commodity Credit Corporation to enter into agreements with and
provide grants to qualified non-profit organizations dedicated to
conservation, forestry and wildlife habitats, that also have experience
in conducting accurate forest inventory analysis through the use of
advanced, cost-effective technology. The <<NOTE: Analysis. Time
period.>> Secretary shall focus the analysis on lands enrolled for at
least eight years and located in areas with a substantial concentration
of acres enrolled under conservation practices devoted to multiple
bottomland hardwood tree species including CP03, CP03A, CP11, CP22, CP31
and CP40.
Sec. 759. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
Sec. 760. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2020, an amount of funds made
available in title III under the headings of Rural Housing Insurance
Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing
Assistance Grants, Rural Community Facilities Program Account, Rural
Business Program Account, Rural Development Loan Fund Program Account,
and Rural Water and Waste Disposal Program Account, equal to the amount
obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated
under such headings for REAP Zones.
Sec. 761. There is hereby appropriated $1,000,000 to carry out
section 3307 of Public Law 115-334.
Sec. 762. <<NOTE: Waiver authority.>> The Secretary of Agriculture
may waive the matching funds requirement under Section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(g)).
Sec. 763. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, to carry out section 23 of
[[Page 133 STAT. 2655]]
the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $1,000,000
shall be for grants under such section to the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, and American Samoa.
Sec. 764. <<NOTE: Determinations.>> There is hereby appropriated
$1,000,000, to remain available until expended, for a pilot program for
the Secretary to provide grants to qualified non-profit organizations
and public housing authorities to provide technical assistance,
including financial and legal services, to RHS multi-family housing
borrowers to facilitate the acquisition of RHS multi-family housing
properties in areas where the Secretary determines a risk of loss of
affordable housing, by non-profit housing organizations and public
housing authorities as authorized by law that commit to keep such
properties in the RHS multi-family housing program for a period of time
as determined by the Secretary.
Sec. 765. Section 2 of the Rural Electrification Act of 1936 (7
U.S.C. 902) is amended in subsection (a) by striking ``made by the
Secretary'' and inserting ``made or guaranteed by the Secretary''.
Sec. 766. <<NOTE: Administrative transfer. 6 USC 190 note.>> The
National Bio and Agro-Defense Facility shall be transferred without
reimbursement from the Secretary of Homeland Security to the Secretary
of Agriculture.
Sec. 767. Any funds made available by this or any other Act that
the Secretary withholds pursuant to section 1668(g)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)),
as amended, shall be available for grants for biotechnology risk
assessment research: Provided, That the Secretary may transfer such
funds to appropriations of the Department of Agriculture.
Sec. 768. There is hereby appropriated $5,000,000 to carry out
section 222 of Subtitle A of the Department of Agriculture
Reorganization <<NOTE: Grants. Research and development.>> Act of 1994
(7 U.S.C. 6923) as amended by section 12302 of Public Law 115-334.
Sec. 769. There is hereby appropriated $400,000 to carry out
section 224 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924) as amended by section 12504
of Public Law 115-334.
Sec. 770. There is hereby appropriated $1,000,000, to remain
available until September 30, 2021, to carry out section 4208 of Public
Law 115-334.
Sec. 771. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of Public
Law 115-334.
Sec. 772. There is hereby appropriated $5,000,000 to carry out
section 12301 of Public Law 115-334.
Sec. 773. There is hereby appropriated $5,000,000 to carry out
section 1450 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120
of Public Law 115-334.
Sec. 774. There is hereby appropriated $1,000,000 to carry out
section 1671 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115-334.
Sec. 775. <<NOTE: Water. Determination. Time period.>> In response
to an eligible community where the drinking water supplies are
inadequate due to a natural disaster,
[[Page 133 STAT. 2656]]
as determined by the Secretary, including drought or severe weather, the
Secretary may provide potable water through the Emergency Community
Water Assistance Grant Program for an additional period of time not to
exceed 120 days beyond the established period provided under the Program
in order to protect public health.
Sec. 776. There is hereby appropriated $6,000,000 for the purposes
described in the paragraph entitled ``Nutrition Assistance Program (NAP)
Study'' under the Supplemental Nutrition Assistance Program included in
House Report 116-107, of which $4,000,000 shall be for the Secretary to
update the Feasibility Report, and of which $2,000,000 shall be for
Puerto Rico for technology requirements: <<NOTE: Reports.>> Provided,
That the reports detailed in House Report 116-107 shall be due not later
than December 31, 2020.
Sec. 777. There is hereby appropriated $5,000,000 to remain
available until September 30, 2021, to carry out section 4206 of Public
Law 115-334.
Sec. 778. There is hereby appropriated $20,000,000, to remain
available until expended, to carry out section 12513 of Public Law 115-
334: Provided, That the Secretary shall take measures to ensure an
equal distribution of funds between the three regional innovation
initiatives.
Sec. 779. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, to carry out section 2103 of Public
Law 115-334.
Sec. 780. There is hereby appropriated $20,000,000, for an
additional amount for ``Department of Health and Human Services--Food
and Drug Administration--Buildings and Facilities'' to remain available
until expended and in addition to amounts otherwise made available for
such purposes, for necessary expenses of plans, construction, repair,
improvement, extension, alteration, demolition and purchase of fixed
equipment or facilities of or used by FDA for seafood safety.
Sec. 781. There is hereby appropriated $5,000,000 to remain
available until September 30, 2021, to carry out section 6424 of Public
Law 115-334.
Sec. 782. Of the unobligated balances from amounts made available
to carry out section 749 of Division A of Public Law 115-31 and section
739 of Division A of Public Law 115-141, $15,073,000 are rescinded.
Sec. 783. In addition to amounts otherwise made available by this
or any other Act, there is hereby appropriated $5,000,000, to remain
available until expended, to the Secretary for a pilot program to
provide grants to a regional consortium to fund technical assistance and
construction of regional wastewater systems for historically
impoverished communities that have had difficulty in installing
traditional wastewater treatment systems due to soil conditions.
Sec. 784. Section 9(i)(2) of the Food and Nutrition Act of 2008 (7
U.S.C. 2018(i)(2)) is amended by striking ``for a period'' and all that
follows through ``2018'' and inserting ``prior to December 31, 2020''.
Sec. 785. <<NOTE: Deadline. Determination. Vaping products.>> Not
later than 60 days after enactment of this Act, the Commissioner of the
Food and Drug Administration shall issue a request for information to
determine the next steps that will address the recent pulmonary
illnesses reported to be associated with the use of e-cigarettes and
vaping products. <<NOTE: Public information.>> As part of such
[[Page 133 STAT. 2657]]
request for information, the Commissioner shall request public comment
on product design and how to prevent consumers from modifying or adding
any substances to these products that are not intended by the
manufacturer: Provided, <<NOTE: Updates. Time period.>> That the Food
and Drug Administration shall provide an update to the Committee on
Appropriations on a quarterly basis.
Sec. 786. (a) In the matter preceding the first proviso under the
heading ``Supplemental Nutrition Assistance Program'' in the
Consolidated Appropriations Act, 2018 (Public Law 115-141) <<NOTE: 132
Stat. 374.>> , strike ``December 31, 2019'' and insert ``September 30,
2020''.
(b) In the matter preceding the first proviso under the heading
``Supplemental Nutrition Assistance Program'' in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) <<NOTE: 133 Stat. 68.>> ,
strike ``December 31, 2020'' and insert ``September 30, 2021''.
Sec. 787. (a) There is hereby appropriated $300,000,000, to remain
available until expended, for an additional amount for section 779 of
Public Law 115-141.
(b) Section 313(b) <<NOTE: Applicability.>> of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 940c(b)), shall be
applied for fiscal year 2020 and each fiscal year thereafter until the
specified funding has been expended as if the following were inserted
after the final period in subsection (b)(2): ``In addition, the
Secretary shall use $425,000,000 of funds available in this subaccount
in fiscal year 2019 for an additional amount for the same purpose and
under the same terms and conditions as funds appropriated by section 779
of Public Law 115-141 and shall use $255,000,000 of funds available in
this subaccount in fiscal year 2020 for an additional amount for the
same purpose and under the same terms and conditions as funds
appropriated by section 779 of Public Law 115-141: Provided, That any
use of such funds shall be treated as a reprogramming of funds under
section 716 of this Act.''.
(c) Section 762(b) of division B of Public Law 116-6 shall no longer
apply.
Sec. 788. <<NOTE: 7 USC 2146a.>> The Animal and Plant Health
Inspection Service shall, notwithstanding any other provision of law:
(a) <<NOTE: Deadline. Website.>> within 60 calendar days, restore
on its website the searchable database and its contents that were
available on January 30, 2017, and all content generated since that
date; and
(b) <<NOTE: Public information. Time period. Records. Reports.>>
hereafter, make publicly available via searchable database, in their
entirety without redactions except signatures, the following records
after enactment of this Act for a subsequent period of three years:
(1) all final Animal Welfare Act inspection reports,
including all reports documenting all Animal Welfare Act non-
compliances observed by USDA officials and all animal
inventories;
(2) all final Animal Welfare Act and Horse Protection Act
enforcement records;
(3) all reports or other materials documenting any non-
compliances observed by USDA officials; and
(4) within six months of receipt by the agency, all final
Animal Welfare Act research facility annual reports, including
their attachments with appropriate redactions made for
confidential business information that USDA could withhold under
FOIA Exemption 4.
Sec. 789. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move
[[Page 133 STAT. 2658]]
any agency from the mission area in which it was located on August 1,
2018, to any other mission area or office within the Department in the
absence of the enactment of specific legislation affirming such move.
Sec. 790. <<NOTE: Genetic engineering.>> Notwithstanding any other
provision of law, the acceptable market name of any engineered animal
approved prior to the effective date of the National Bioengineered Food
Disclosure Standard (February 19, 2019) shall include the words
``genetically engineered'' prior to the existing acceptable market name.
Sec. 791. (a) The remaining unobligated balances of funds made
available under the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the Secretary''
in the Bipartisan Budget Act of 2018 (Public Law 115-123) are hereby
rescinded: Provided, That the amounts rescinded pursuant to this
subsection that were previously designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to that section of
that Act.
(b) In addition to amounts otherwise made available by this Act for
``Department of Agriculture--Agricultural Programs--Processing, Research
and Marketing--Office of the Secretary'', there is appropriated for an
additional amount for fiscal year 2020, to remain available until
December 30, 2021, an amount equal to the unobligated balances rescinded
pursuant to subsection (a), for the same purposes and under the same
authorities and conditions as the funds made available under the heading
``Department of Agriculture--Agricultural Programs--Processing, Research
and Marketing--Office of the Secretary'' in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116-20), as
amended by this section: Provided, That, in addition to the purposes
specified in the matter preceding the first proviso under the heading
``Department of Agriculture--Agricultural Programs--Processing, Research
and Marketing--Office of the Secretary'' in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116-20), as
amended by this section, such amounts shall also be available for
quality losses of crops, drought, and excessive moisture: Provided
further, That losses due to drought shall only be eligible under this
subsection if any area within the county in which the loss occurs was
rated by the U.S. Drought Monitor as having a D3 (Extreme Drought) or
higher level of drought intensity during the applicable calendar years:
Provided further, That the Secretary may use the amounts provided under
this subsection, under the same authorities and conditions as the funds
made available under the heading ``Department of Agriculture--
Agricultural Programs--Processing, Research and Marketing--Office of the
Secretary'' in the Bipartisan Budget Act of 2018 (Public Law 115-123),
to continue to pay for losses due to Tropical Storm Cindy, and peaches
and blueberries due to freeze in 2017 and blueberry productivity losses
in 2018: Provided further, That the Secretary shall use the amounts
provided under this subsection, under the same authorities and
conditions as the funds made available under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and Marketing--
Office of the Secretary'' in the Bipartisan Budget Act of 2018 (Public
Law 115-123), to make payments for vine losses that were eligible for,
but did not receive, payments under that heading in that
[[Page 133 STAT. 2659]]
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(c) Title I of the Additional Supplemental Appropriations for
Disaster Relief Act, 2019 (Public Law 116-20), as amended by section 116
of the Continuing Appropriations Act, 2020 (Public Law 116-59), is
further amended in the first proviso under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and Marketing--
Office of the Secretary'' <<NOTE: 133 Stat. 871.>> by striking ``may
provide'' and inserting ``, in addition to the amount announced on
November 8, 2019, shall provide not less than $400,000,000 in'' , and by
adding the following before the final proviso under that heading:
`` <<NOTE: 133 Stat. 872.>> Provided further, That the Secretary shall
pay all sugar beet losses in 2018 and 2019 through cooperative
processors (to be paid to producer members as determined by such
processors) using the additional coverage level described in section
508(e)(2)(E) of the Federal Crop Insurance Act of 1938 (7 U.S.C.
1508(e)(2)(E)) for purposes of determining the Wildfire Hurricane
Indemnity Program Plus factor (as defined in section 760.1502 of title
7, Code of Federal Regulations (or successor regulations):'': Provided,
That amounts repurposed pursuant to this subsection that were previously
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(d) <<NOTE: Deadline.>> No later than December 31, 2020, the
remaining unobligated balances of funds made available under the heading
``Department of Agriculture--Agricultural Programs--Processing, Research
and Marketing--Office of the Secretary'' in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116-20) are
hereby permanently rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded is hereby appropriated, to
remain available until December 30, 2021, in addition to other funds as
may be available for such purposes, for the same purposes and under the
same authorities and conditions as the funds made available in
subsection (b): Provided, That the amounts rescinded pursuant to this
subsection that were previously designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to that section of
that Act: Provided further, That the amount of additional new budget
authority made available pursuant to this subsection is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 792. For an additional amount for ``Department of Health and
Human Services--Office of the Secretary--Public Health and Social
Services Emergency Fund'' for purchase of vaccines, therapeutics, and
diagnostics for the prevention and treatment of Ebola, $535,000,000, to
remain available until September 30, 2024: Provided, That products
purchased with funds provided under this section may, at the discretion
of the Secretary of Health and Human Services, be deposited in the
Strategic National Stockpile under section 319F-2 of the PHS Act:
Provided further, That sections
[[Page 133 STAT. 2660]]
319C-1(h)(3) and 319C-2(h) of the PHS Act shall not apply to funds
provided under this section: Provided further, That funds provided
under this section may be used for the purposes specified in this
section or authorized under section 319F-4 of the PHS Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2020''.
DIVISION C-- <<NOTE: Energy and Water Development and Related Agencies
Appropriations Act, 2020.>> ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem restoration,
and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm damage
reduction, shore protection, and aquatic ecosystem restoration projects,
and related efforts prior to construction; for restudy of authorized
projects; and for miscellaneous investigations, and, when authorized by
law, surveys and detailed studies, and plans and specifications of
projects prior to construction, $151,000,000, to remain available until
expended: Provided, That the Secretary <<NOTE: Studies.>> shall
initiate six new study starts during fiscal year 2020: Provided
further, <<NOTE: Work plan.>> That the Secretary shall not deviate from
the new starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for
[[Page 133 STAT. 2661]]
selection by law (but such detailed studies, and plans and
specifications, shall not constitute a commitment of the Government to
construction); $2,681,000,000, to remain available until expended; of
which such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor Maintenance Trust
Fund as authorized by Public Law 104-303; and of which such sums as are
necessary to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects, except for
Chickamauga Lock, Tennessee River, Tennessee, which shall be 35 percent
during the fiscal year covered by this Act, shall be derived from the
Inland Waterways Trust Fund, except as otherwise specifically provided
for in law: Provided, That the Secretary shall initiate six new
construction starts during fiscal year 2020: Provided
further, <<NOTE: Contracts. Deadline.>> That for new construction
projects, project cost sharing agreements shall be executed as soon as
practicable but no later than December 31, 2020: Provided further,
That <<NOTE: Funding scenario.>> no allocation for a new start shall be
considered final and no work allowance shall be made until the Secretary
provides to the Committees on Appropriations of both Houses of Congress
an out-year funding scenario demonstrating the affordability of the
selected new starts and the impacts on other projects: Provided
further, <<NOTE: Work plan.>> That the Secretary may not deviate from
the new starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $375,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor channels
provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by law;
surveying and charting northern and northwestern lakes and connecting
waters; clearing and straightening channels; and removing obstructions
to navigation, $3,790,000,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust
Fund; of which such sums as become available from the special account
for the Corps of Engineers established by the Land and Water
Conservation Fund Act of 1965 shall be derived from that account for
resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such
[[Page 133 STAT. 2662]]
sums as become available from fees collected under section 217 of Public
Law 104-303 shall be used to cover the cost of operation and maintenance
of the dredged material disposal facilities for which such fees have
been collected: Provided, <<NOTE: Time period. Determination.>> That 1
percent of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be allocated
to a field operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by the Chief
of Engineers to fund such emergency activities as the Chief of Engineers
determines to be necessary and appropriate, and that the Chief of
Engineers shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities proportionally in
accordance with the amounts provided for the programs, projects, or
activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $210,000,000, to remain
available until September 30, 2021.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $200,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $203,000,000, to remain available until September 30, 2021, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this title
shall be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may be used to
fund the supervision and general administration of emergency operations,
repairs, and other activities in response to any flood, hurricane, or
other natural disaster.
[[Page 133 STAT. 2663]]
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2021: Provided, <<NOTE: Reports. Work
plan.>> That not more than 75 percent of such amount may be obligated or
expended until the Assistant Secretary submits to the Committees on
Appropriations of both Houses of Congress the report required under
section 101(d) of this Act and a work plan that allocates at least 95
percent of the additional funding provided under each heading in this
title, as designated under such heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), to specific programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2020, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond
[[Page 133 STAT. 2664]]
to emergencies: Provided, <<NOTE: Notification.>> That the
Chief of Engineers shall notify the Committees on Appropriations
of both Houses of Congress of these emergency actions as soon
thereafter as practicable: Provided further, That for a base
level over $1,000,000, reprogramming of 15 percent of the base
amount up to a limit of $5,000,000 per project, study, or
activity is allowed: Provided further, That for a base level
less than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation;
(9) <<NOTE: Guidelines. Applicability.>> Mississippi river
and tributaries.--The reprogramming guidelines in paragraphs
(6), (7), and (8) shall apply to the Investigations,
Construction, and Operation and Maintenance portions of the
Mississippi River and Tributaries Account, respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(d) <<NOTE: Reports.>> Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer authorities for
the current fiscal year which shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. <<NOTE: Determination.>> The Secretary shall allocate
funds made available in this Act solely in accordance with the
provisions of this Act and the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act),
including the determination and designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost due
to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for
[[Page 133 STAT. 2665]]
the disposal or management of dredged material originating from Lake
Erie or tributaries thereto, unless it is approved under a State water
quality certification pursuant to section 401 of the Federal Water
Pollution Control Act (33 U.S.C. 1341): Provided, That until an open
lake placement alternative for dredged material is approved under a
State water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act or any other
Act may be used to reorganize or to transfer the Civil Works functions
or authority of the Corps of Engineers or the Secretary of the Army to
another department or agency.
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
Sec. 108. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of July
24, 1946 (60 Stat. 636, ch. 595).
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $20,000,000, to remain available until expended, of
which $1,800,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That of the amount provided under
this heading, $1,500,000 shall be available until September 30, 2021,
for expenses necessary in carrying out related responsibilities of the
Secretary of the Interior: Provided further, That for fiscal year 2020,
of the amount made available to the Commission under this Act or any
other Act, the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and
[[Page 133 STAT. 2666]]
other agreements with, State and local governments, federally recognized
Indian tribes, and others, $1,512,151,000, to remain available until
expended, of which $69,932,000 shall be available for transfer to the
Upper Colorado River Basin Fund and $5,023,000 shall be available for
transfer to the Lower Colorado River Basin Development Fund; of which
such amounts as may be necessary may be advanced to the Colorado River
Dam Fund: Provided, That $10,000,000 shall be available for transfer
into the Blackfeet Water Settlement Implementation Fund established by
section 3717 of Public Law 114-322: Provided further, That the
unobligated balances in ``Water and Related Resources'' for the
Blackfeet Water Rights Settlement Act may be transferred to the
Blackfeet Water Settlement Implementation Fund account: Provided
further, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That within
available funds, $250,000 shall be for grants and financial assistance
for educational activities: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further, That of the amounts provided herein, funds may be used for
high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further,
That of the amounts made available under this heading, $4,000,000 shall
be for one payment for deferred construction funding to the Navajo
Nation to fulfill the construction obligations described in section
15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988
(Public Law 100-585), as amended by the Colorado Ute Settlement Act
Amendments of 2000 (Public Law 106-554), and to complete the
commissioning and title transfer of the Navajo Nation Municipal
Pipeline: Provided further, That in accordance with section 4009(c) of
Public Law 114-322, and as recommended by the Secretary in a letter
dated February 13, 2019, funding provided for such purpose in fiscal
year 2018 shall be made available to the Expanding Recycled Water
Delivery Project (VenturaWaterPure), the Pure Water Monterey Groundwater
Replenishment Project, the Groundwater Reliability Improvement Program
(GRIP) Recycled Water Project, the North Valley Regional Recycled Water
Program, the South Sacramento County Agriculture and Habitat Lands
Recycled Water Program, and the Central Coast Blue project: Provided
further, That in accordance with section 4007 of Public Law 114-322, and
as recommended by the Secretary in a letter dated February 13, 2019,
funding provided for such purpose in fiscal years 2017 and 2018 shall be
made available to the Cle Elum Pool Raise, the Boise River Basin
Feasibility Study, the Del Puerto Water District, the Los Vaqueros
Reservoir Phase 2 Expansion Project, the North-of-the Delta Off stream
Storage (Sites Reservoir Project), and the Friant-Kern Canal Capacity
Correction Resulting Subsidence: Provided further, That in accordance
with section 4009(a) of Public Law 114-322, and as recommended by the
Secretary in a letter dated February 13, 2019,
[[Page 133 STAT. 2667]]
funding provided for such purpose in fiscal years 2017 and 2018 shall be
made available to the Doheny Ocean Desalination Project, the Kay Bailey
Hutchison Desalination Plant, the North Pleasant Valley Desalter
Facility, and the Mission Basin Groundwater Purification Facility Well
Expansion and Brine Minimization.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $54,849,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2021, $60,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
[[Page 133 STAT. 2668]]
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act for
Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2020, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval
is received from the Committees on Appropriations of both Houses
of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) <<NOTE: Definition.>> For purposes of this section, the term
``transfer'' means any movement of funds into or out of a program,
project, or activity.
(d) <<NOTE: Reports. Time period.>> The Bureau of Reclamation shall
submit reports on a quarterly basis to the Committees on Appropriations
of both Houses of Congress detailing all the funds reprogrammed between
programs, projects, activities, or categories of funding. The first
quarterly report shall be submitted not later than 60 days after the
date of enactment of this Act.
Sec. 202. (a) <<NOTE: California. Plan. Water>> None of the funds
appropriated or otherwise made available by this Act may be used to
determine the final point of discharge for the interceptor drain for the
San Luis Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water quality
[[Page 133 STAT. 2669]]
standards of the State of California as approved by the Administrator of
the Environmental Protection Agency, to minimize any detrimental effect
of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management Act
of 2009 (42 U.S.C. 10364(e)) is amended by striking ``$480,000,000'' and
inserting ``$530,000,000''.
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of
Public Law 114-322 <<NOTE: 43 USC 390b note.>> , is amended by striking
``2019'' each place it appears and inserting ``2020''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) <<NOTE: 123 Stat. 1309.>> is amended by
striking ``2019'' and inserting ``2020''.
Sec. 206. The Claims Resolution Act of 2010 (Public Law 111-291) is
amended--
(1) in section 309(d) <<NOTE: 124 Stat. 3088.>> , by
striking ``2021'' each place it appears and inserting ``2023'';
and
(2) in section 311(h) <<NOTE: 124 Stat. 3092.>> , by
striking ``2021'' and inserting ``2023''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $2,848,000,000, to remain
available until expended: Provided, That of such amount, $165,000,000
shall be available until September 30, 2021, for program direction:
Provided further, That of the unobligated balances from prior year
appropriations available under this heading, $58,000,000 is hereby
rescinded: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to the Concurrent
[[Page 133 STAT. 2670]]
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security, and
emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $156,000,000, to remain available until expended: Provided,
That of such amount, $13,000,000 shall be available until September 30,
2021, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $190,000,000, to remain available until
expended: Provided, That of such amount, $18,000,000 shall be available
until September 30, 2021, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, $1,493,408,000, to remain available until expended:
Provided, That of such amount, $80,000,000 shall be available until
September 30, 2021, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant or
facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $750,000,000, to remain available until expended: Provided, That
of such amount $61,500,000 shall be available until September 30, 2021,
for program direction.
[[Page 133 STAT. 2671]]
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $14,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42 U.S.C.
6203 et seq.), $195,000,000, to remain available until expended:
Provided, <<NOTE: 42 USC 6241 note.>> That, as authorized by section
404 of the Bipartisan Budget Act of 2015 (Public Law 114-74; 42 U.S.C.
6239 note), the Secretary of Energy shall draw down and sell not to
exceed $450,000,000 of crude oil from the Strategic Petroleum Reserve in
fiscal year 2020: Provided further, <<NOTE: 42 USC 6241 note.>> That
the proceeds from such drawdown and sale shall be deposited into the
``Energy Security and Infrastructure Modernization Fund'' during fiscal
year 2020: Provided further <<NOTE: 42 USC 6241 note.>> , That such
amounts shall be made available and shall remain available until
expended for necessary expenses to carry out the Life Extension II
project for the Strategic Petroleum Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy Policy
and Conservation Act of 1975, as amended (42 U.S.C. 6203 et seq.),
sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C.
6241, 6239 note), and section 5010 of the 21st Century Cures Act (Public
Law 114-255), $10,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6203 et
seq.), $10,000,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $126,800,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant
[[Page 133 STAT. 2672]]
or facility acquisition, construction, or expansion, $319,200,000, to
remain available until expended: Provided, That $200,000 of the funds
provided are for community support.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$881,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$5,250,000 shall be available in accordance with title X, subtitle A, of
the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 33 passenger motor vehicles
including one bus, $7,000,000,000, to remain available until expended:
Provided, That of such amount, $186,300,000 shall be available until
September 30, 2021, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $425,000,000, to remain available until expended:
Provided, That of such amount, $35,000,000 shall be available until
September 30, 2021, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $32,000,000 is appropriated, to
remain available until September 30, 2021: Provided further, That up to
$32,000,000 of fees collected in fiscal year 2020 pursuant to section
1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting
collections under this heading and used for necessary administrative
expenses in this appropriation and shall remain available until
September 30, 2021: Provided further, That to the extent that fees
collected in fiscal year 2020 exceed $32,000,000, those excess amounts
shall be credited as offsetting collections under this heading and
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such fees are
received
[[Page 133 STAT. 2673]]
during fiscal year 2020 (estimated at $3,000,000) and (2) to the extent
that any remaining general fund appropriations can be derived from fees
collected in previous fiscal years that are not otherwise appropriated,
so as to result in a final fiscal year 2020 appropriation from the
general fund estimated at $0: Provided further, That the Department of
Energy shall not subordinate any loan obligation to other financing in
violation of section 1702 of the Energy Policy Act of 2005 or
subordinate any Guaranteed Obligation to any loan or other debt
obligations in violation of section 609.10 of title 10, Code of Federal
Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2021.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to
remain available until September 30, 2021.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $22,000,000, to remain available until expended:
Provided, That, of the amount appropriated under this heading,
$5,000,000 shall be available until September 30, 2021, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$254,378,000, to remain available until September 30, 2021, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of
work are offset by revenue increases of the same or greater amount:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $93,378,000 in fiscal year
2020 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2020 appropriation from the general fund estimated at not more than
$161,000,000.
[[Page 133 STAT. 2674]]
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$54,215,000, to remain available until September 30, 2021.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance for replacement only, $12,457,097,000, to
remain available until expended: Provided, That of such amount,
$107,660,000 shall be available until September 30, 2021, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed two aircraft, $2,164,400,000, to remain available until
expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,648,396,000,
to remain available until expended, of which, $88,500,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such amount,
$50,500,000 shall be available until September 30, 2021, for program
direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $434,699,000, to remain
available until September 30, 2021, including official reception and
representation expenses not to exceed $17,000.
[[Page 133 STAT. 2675]]
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $6,255,000,000, to
remain available until expended: Provided, That of such amount,
$281,119,000 shall be available until September 30, 2021, for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than one passenger motor vehicle,
$906,000,000, to remain available until expended: Provided, That of
such amount, $328,917,000 shall be available until September 30, 2021,
for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Steigerwald Floodplain Restoration Project and, in addition, for
official reception and representation expenses in an amount not to
exceed $5,000: Provided, That during fiscal year 2020, no new direct
loan obligations may be made: Provided further <<NOTE: 16 USC 838i
note.>> , Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454 are authorized and approved,
without fiscal year limitation, for the cost of current and future year
purchases or payments of emissions expenses associated with Bonneville
Power Administration power and transmission operations in states with
clean energy programs: Provided further <<NOTE: 16 USC 838i note.>> ,
This expenditure authorization is limited solely to Bonneville Power
Administration's voluntary purchase or payments made in conjunction with
state clean energy programs and is not a broader waiver of Bonneville
Power Administration's sovereign immunity.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,597,000, including
[[Page 133 STAT. 2676]]
official reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944, up to $6,597,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$56,000,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding
purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$47,775,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), up to $37,375,000 collected by the Southwestern
Power Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at not more
than $10,400,000: Provided further, That notwithstanding 31 U.S.C.
3302, up to $43,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and wheeling
expenses).
[[Page 133 STAT. 2677]]
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including rescission of funds)
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $262,959,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $262,959,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $173,587,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020 appropriation
estimated at not more than $89,372,000, of which $89,372,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $227,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding
purchase power and wheeling expenses): Provided further, That of the
unobligated balances from prior year appropriations available under this
heading, $176,000 is hereby permanently cancelled.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $3,160,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954 (68
Stat. 255): Provided, That notwithstanding the provisions of that Act
and of 31 U.S.C. 3302, up to $2,932,000 collected by the Western Area
Power Administration from the sale of power and related services from
the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2020 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual
[[Page 133 STAT. 2678]]
expenses means expenditures that are generally recovered in the same
year that they are incurred: Provided further, That for fiscal year
2020, the Administrator of the Western Area Power Administration may
accept up to $1,187,000 in funds contributed by United States power
customers of the Falcon and Amistad Dams for deposit into the Falcon and
Amistad Operating and Maintenance Fund, and such funds shall be
available for the purpose for which contributed in like manner as if
said sums had been specifically appropriated for such purpose: Provided
further, That any such funds shall be available without further
appropriation and without fiscal year limitation for use by the
Commissioner of the United States Section of the International Boundary
and Water Commission for the sole purpose of operating, maintaining,
repairing, rehabilitating, replacing, or upgrading the hydroelectric
facilities at these Dams in accordance with agreements reached between
the Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, official reception and representation expenses not to exceed
$3,000, and the hire of passenger motor vehicles, $382,000,000, to
remain available until expended: Provided, That
notwithstanding <<NOTE: 42 USC 7171 note.>> any other provision of law,
not to exceed $382,000,000 of revenues from fees and annual charges, and
other services and collections in fiscal year 2020 shall be retained and
used for expenses necessary in this account, and shall remain available
until expended: Provided <<NOTE: 42 USC 7171 note.>> further, That the
sum herein appropriated from the general fund shall be reduced as
revenues are received during fiscal year 2020 so as to result in a final
fiscal year 2020 appropriation from the general fund estimated at not
more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescission of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) <<NOTE: Notification. Time period.>> Unless the Secretary of
Energy notifies the Committees on Appropriations of both Houses of
Congress at least 3 full business days in advance, none of the funds
made available in this title may be used to--
(A) <<NOTE: Grants.>> make a grant allocation or
discretionary grant award totaling $1,000,000 or more;
(B) <<NOTE: Contracts.>> make a discretionary contract
award or Other Transaction Agreement totaling $1,000,000 or
more, including a contract covered by the Federal Acquisition
Regulation;
[[Page 133 STAT. 2679]]
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or (B);
or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) <<NOTE: Reports. Time period.>> The Secretary of Energy shall
submit to the Committees on Appropriations of both Houses of Congress
within 15 days of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less than
$1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) <<NOTE: Contracts. Grants.>> The Department of Energy may not,
with respect to any program, project, or activity that uses budget
authority made available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract, award a
multiyear grant, or enter into a multiyear cooperative agreement
unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time of
award; or
(2) <<NOTE: Notification. Time period.>> the contract,
grant, or cooperative agreement includes a clause conditioning
the Federal Government's obligation on the availability of
future year budget authority and the Secretary notifies the
Committees on Appropriations of both Houses of Congress at least
3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the amounts
made available by this title shall be expended as authorized by law for
the programs, projects, and activities specified in the ``Final Bill''
column in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) <<NOTE: Notification. Time period.>> The amounts made available
by this title may be reprogrammed for any program, project, or activity,
and the Department shall notify, and obtain the prior approval of, the
Committees on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause any
program, project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during the time
period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
[[Page 133 STAT. 2680]]
(g)(1) <<NOTE: Waiver authority.>> The Secretary of Energy may
waive any requirement or restriction in this section that applies to the
use of funds made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial risk to
human health, the environment, welfare, or national security.
(2) <<NOTE: Notification. Deadline.>> The Secretary of Energy shall
notify the Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall include an
explanation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2020 until the enactment of the Intelligence
Authorization Act for fiscal year 2020.
Sec. 303. <<NOTE: Oversight. Compliance.>> None of the funds made
available in this title shall be used for the construction of facilities
classified as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of Enterprise
Assessments to ensure the project is in compliance with nuclear safety
requirements.
Sec. <<NOTE: Cost estimate.>> 304. None of the funds made available
in this title may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any successive
departmental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost estimate
has been developed for the project for that critical decision.
Sec. 305. <<NOTE: Contracts. Russia.>> (a) None of the funds made
available in this or any prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new contracts
with, or new agreements for Federal assistance to, the Russian
Federation.
(b) <<NOTE: Waiver authority. Determination.>> The Secretary of
Energy may waive the prohibition in subsection (a) if the Secretary
determines that such activity is in the national security interests of
the United States. This waiver authority may not be delegated.
(c) <<NOTE: Effective date. Reports.>> A waiver under subsection
(b) shall not be effective until 15 days after the date on which the
Secretary submits to the Committees on Appropriations of both Houses of
Congress, in classified form if necessary, a report on the justification
for the waiver.
Sec. 306. <<NOTE: Determination. President.>> Notwithstanding
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241),
upon a determination by the President in this fiscal year that a
regional supply shortage of refined petroleum product of significant
scope and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such shortage, and
that a draw down and sale of refined petroleum product would assist
directly and significantly in reducing the adverse impact of such
shortage, the Secretary of Energy may draw down and sell refined
petroleum product from the Strategic Petroleum Reserve. Proceeds from a
sale under
[[Page 133 STAT. 2681]]
this section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and Conservation Act (42
U.S.C. 6247), and such amounts shall be available for obligation,
without fiscal year limitation, consistent with that section.
Sec. 307. Of the offsetting collections, including unobligated
balances of such collections, in the ``Department of Energy--Power
Marketing Administration--Colorado River Basins Power Marketing Fund,
Western Area Power Administration'', $21,400,000 shall be transferred to
the ``Department of Interior--Bureau of Reclamation--Upper Colorado
River Basin Fund'' for the Bureau of Reclamation to carry out
environmental stewardship and endangered species recovery efforts.
Sec. 308. (a) Of the unobligated balances available from amounts
appropriated in prior Acts under the heading ``Title III--Department of
Energy--Energy Programs'', $12,723,000 is hereby rescinded.
(b) No amounts may be rescinded under (a) from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 309. <<NOTE: Effective dates. Fees. 42 USC 6939f note.>>
Beginning in fiscal year 2021 and for each fiscal year thereafter, fees
collected pursuant to subsection (b)(1) of section 6939f of title 42,
United States Code, shall be deposited in ``Department of Energy--Energy
Programs--Non-Defense Environmental Cleanup'' as discretionary
offsetting collections.
Sec. 310. <<NOTE: 16 USC 825s-8.>> During fiscal year 2020 and
each fiscal year thereafter, notwithstanding any provision of title 5,
United States Code, relating to classification or rates of pay, the
Southeastern Power Administration shall pay any power system dispatcher
employed by the Administration a rate of basic pay and premium pay based
on those prevailing for similar occupations in the electric power
industry. Basic pay and premium pay may not be paid under this section
to any individual during a calendar year so as to result in a total rate
in excess of the rate of basic pay for level V of the Executive Schedule
(section 5316 of such title).
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, and for expenses necessary
for the Federal Co-Chairman and the Alternate on the Appalachian
Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$175,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic
[[Page 133 STAT. 2682]]
Energy Act of 1954, as amended by Public Law 100-456, section 1441,
$31,000,000, to remain available until September 30, 2021.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, notwithstanding sections 382F(d), 382M, and 382N of said Act,
$30,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $15,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title III,
Public Law 105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50
percent for non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts under
this heading shall be available for the payment of such a non-Federal
share for programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $25,000,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $842,236,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein,
[[Page 133 STAT. 2683]]
not more than $9,500,000 may be made available for salaries, travel, and
other support costs for the Office of the Commission, to remain
available until September 30, 2021, of which, notwithstanding section
201(a)(2)(c) of the Energy Reorganization Act of 1974 (42 U.S.C.
5841(a)(2)(c)), the use and expenditure shall only be approved by a
majority vote of the Commission: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $717,125,000 in fiscal year 2020 shall be retained and used
for necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That of the amounts appropriated under this heading, not less
than $15,478,000 shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies, and
$14,500,000 shall be for international activities, except that the
amounts provided under this proviso shall not be derived from fee
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the
sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2020 so as to result in a final fiscal year
2020 appropriation estimated at not more than $125,111,000: Provided
further, That of the amounts appropriated under this heading,
$10,500,000 shall be for university research and development in areas
relevant to the Commission's mission, and $5,500,000 shall be for a
Nuclear Science and Engineering Grant Program that will support
multiyear projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and
engineering.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,314,000, to remain available until September 30, 2021: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,929,000 in fiscal year 2020
shall be retained and be available until September 30, 2021, for
necessary salaries and expenses in this account, notwithstanding section
3302 of title 31, United States Code: Provided further, That the sum
herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2020 so as to result in a final fiscal year 2020
appropriation estimated at not more than $2,385,000: Provided further,
That of the amounts appropriated under this heading, $1,171,000 shall be
for Inspector General services for the Defense Nuclear Facilities Safety
Board, which shall not be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,600,000, to be
derived from the Nuclear Waste Fund, to remain available until September
30, 2021.
[[Page 133 STAT. 2684]]
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. <<NOTE: Compliance.>> The Nuclear Regulatory Commission
shall comply with the July 5, 2011, version of Chapter VI of its
Internal Commission Procedures when responding to Congressional requests
for information, consistent with Department of Justice guidance for all
federal agencies.
Sec. 402. <<NOTE: Notification. Time period.>> (a) The amounts made
available by this title for the Nuclear Regulatory Commission may be
reprogrammed for any program, project, or activity, and the Commission
shall notify the Committees on Appropriations of both Houses of Congress
at least 30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease by more
than $500,000 or 10 percent, whichever is less, during the time period
covered by this Act.
(b)(1) <<NOTE: Waiver authority.>> The Nuclear Regulatory
Commission may waive the notification requirement in subsection (a) if
compliance with such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) <<NOTE: Notification. Deadline.>> The Nuclear Regulatory
Commission shall notify the Committees on Appropriations of both Houses
of Congress of any waiver under paragraph (1) as soon as practicable,
but not later than 3 days after the date of the activity to which a
requirement or restriction would otherwise have
applied. <<NOTE: Reports.>> Such notice shall include an explanation of
the substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the amounts
made available by this title for ``Nuclear Regulatory Commission--
Salaries and Expenses'' shall be expended as directed in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory Commission
shall be available for obligation or expenditure through a reprogramming
of funds that increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act.
(e) <<NOTE: Reports.>> The Commission shall provide a monthly
report to the Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or activity,
including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. <<NOTE: Lobbying.>> None of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
[[Page 133 STAT. 2685]]
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality.
(c) <<NOTE: Reports. Time periods.>> The head of any relevant
department or agency funded in this Act utilizing any transfer authority
shall submit to the Committees on Appropriations of both Houses of
Congress a semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6 months
and in the year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred, and shall
not replace or modify existing notification requirements for each
authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. <<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.
This division may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2020''.
[[Page 133 STAT. 2686]]
DIVISION D--DEPARTMENT <<NOTE: Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2020.>> OF THE INTERIOR,
ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(including rescission of funds)
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,237,015,000, to remain available until September 30, 2021; of which
$115,000,000 for annual and deferred maintenance and $101,555,000 for
the wild horse and burro program, as authorized by Public Law 92-195 (16
U.S.C. 1331 et sec.), shall remain available until expended:
<<NOTE: Wild horses and burros. Time period. Plan.>> Provided, That of
the funds made available for the wild horse and burro program,
$21,000,000 shall not be available for obligation until 60 days after
submission to the Congress of the detailed plan described in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That amounts in
the fee account of the BLM Permit Processing Improvement Fund may be
used for any bureau-related expenses associated with the processing of
oil and gas applications for permits to drill and related use of
authorizations.
In addition, $40,196,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2020, so as to result in a final appropriation estimated at
not more than $1,237,015,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
Of the unobligated balances from amounts made available under this
heading in fiscal year 2017 or before, $19,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 133 STAT. 2687]]
construction
(including rescission of funds)
Of the unobligated balances from amounts made available under this
heading $5,400,000 is permanently rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
land acquisition
(including rescission of funds)
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $32,300,000, to be derived from
the Land and Water Conservation Fund and to remain available until
expended.
Of the unobligated balances from amounts made available for Land
Acquisition and derived from the Land and Water Conservation Fund,
$2,367,000 is hereby permanently rescinded from projects with cost
savings or failed or partially failed projects: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing
connecting roads on or adjacent to such grant lands; $112,094,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant
[[Page 133 STAT. 2688]]
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available for
administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28
of the Mineral Leasing Act (30 U.S.C. 185), to remain <<NOTE: 43 USC
1735 note.>> available until expended: Provided, That notwithstanding
any provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau of Land
Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used on
the exact lands damaged which led to the action: Provided further, That
any <<NOTE: 43 USC 1735 note.>> such moneys that are in excess of
amounts needed to repair damage to the exact land for which funds were
collected may be used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private entities,
including with States. Appropriations for the Bureau shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on the Secretary's certificate, not to exceed $10,000: Provided, That
notwithstanding Public Law 90-620 (44 U.S.C. 501), the Bureau may, under
cooperative
[[Page 133 STAT. 2689]]
cost-sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing either
in cash or in services, and the Bureau determines the cooperator is
capable of meeting accepted quality standards: Provided further, That
projects to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,364,289,000, to remain available
until September 30, 2021: Provided, That not to exceed $20,318,000
shall be used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except
for processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions described
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): Provided
further <<NOTE: Reports.>> , That of the amounts made available under
this heading for central office operations, $1,000,000 shall not be
available for obligation until the Landscape Conservation Cooperatives
report is received by the Committees on Appropriations of the House of
Representatives and the Senate in accordance with the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$29,704,000, to remain available until expended.
land acquisition
(including rescission of funds)
For expenses necessary to carry out chapter 2003 of title 54, United
States Code, including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the United States Fish and Wildlife Service,
$70,715,000, to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which, not more than $10,000,000
shall be for land conservation partnerships authorized by the Highlands
Conservation Act of 2004, including not to exceed $320,000 for
administrative expenses: Provided, That none of the funds appropriated
for specific land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
Of the unobligated balances from amounts made available for the Fish
and Wildlife Service and derived from the Land and
[[Page 133 STAT. 2690]]
Water Conservation Fund, $3,628,000 is hereby permanently rescinded from
projects with cost savings or failed or partially failed projects:
Provided further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $54,502,000, to remain available
until expended, of which $23,702,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$30,800,000 is to be derived from the Land and Water Conservation Fund.
Of the unobligated balances made available from the Cooperative
Endangered Species Conservation Fund, $18,771,000 is permanently
rescinded from projects or from other grant programs with an unobligated
carry over balance: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$46,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle
Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $15,000,000, to
remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes
[[Page 133 STAT. 2691]]
under the provisions of the Fish and Wildlife Act of 1956 and the Fish
and Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $67,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$5,209,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other jurisdictions and at
the discretion of affected States, the regional Associations of fish and
wildlife agencies, not subject to the remaining provisions of this
appropriation: Provided further, That
the <<NOTE: Apportionment. District of Columbia. Territories.>>
Secretary shall, after deducting $12,571,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and (2)
to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary <<NOTE: Apportionment.>> shall apportion the remaining amount
in the following manner: (1) one-third of which is based on the ratio to
which the land area of such State bears to the total land area of all
such States; and (2) two-thirds of which is based on the ratio to which
the population of such State bears to the total population of all
such <<NOTE: Adjustment.>> States: Provided further, That the amounts
apportioned under this paragraph shall be adjusted equitably so that no
State shall be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph for any fiscal
year or more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of the
total costs of such projects and the Federal share of implementation
grants shall not exceed 65 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may not be
derived from Federal grant <<NOTE: Reapportion- ment.>> programs:
Provided further, That any amount apportioned in 2020 to any State,
territory, or other jurisdiction that remains unobligated as of
September 30, 2021, shall be reapportioned, together with funds
appropriated in 2022, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and
private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of damage
to public roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land at not to
exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant to
law in connection with
[[Page 133 STAT. 2692]]
management, and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under cooperative
cost sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That notwithstanding 31 U.S.C.
3302, all fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park Service,
$2,576,992,000, of which $10,282,000 for planning and interagency
coordination in support of Everglades restoration and $135,950,000 for
maintenance, repair, or rehabilitation projects for constructed assets
and $153,575,000 for cyclic maintenance projects for constructed assets
and cultural resources and $5,000,000 for uses authorized by section
101122 of title 54, United States Code shall remain available until
September 30, 2021: Provided, That funds appropriated under this
heading in this Act are available for the purposes of section 5 of
Public Law 95-348: Provided further, That notwithstanding section 9(a)
of the United States Semiquincentennial Commission Act of 2016 (Public
Law 114-196; 130 Stat. 691), $3,300,000 of the funds made available
under this heading shall be provided to the organization selected under
section 9(b) of that Act for expenditure by the United States
Semiquincentennial Commission in accordance with that Act: Provided
further, That notwithstanding section 9 of the 400 Years of African-
American History Commission Act (36 U.S.C. note prec. 101; Public Law
115-102), $3,300,000 of the funds provided under this heading shall be
made available for the purposes specified by that Act: Provided
further, <<NOTE: 36 USC 101 note prec.>> That sections (7)(b) and (8) of
that Act shall be amended by striking ``July 1, 2020'' and inserting
``July 1, 2021''.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $71,166,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
[[Page 133 STAT. 2693]]
Code), $118,660,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2021, of which $16,000,000
shall be for Save America's Treasures grants for preservation of
national significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, <<NOTE: Consultation.>> That all projects to be funded shall
be approved by the Secretary of the Interior in consultation with the
House and Senate Committees on Appropriations: Provided further, That
of <<NOTE: Determination.>> the funds provided for the Historic
Preservation Fund, $750,000 is for competitive grants for the survey and
nomination of properties to the National Register of Historic Places and
as National Historic Landmarks associated with communities currently
under-represented, as determined by the Secretary, $18,750,000 is for
competitive grants to preserve the sites and stories of the Civil Rights
movement, $10,000,000 is for grants to Historically Black Colleges and
Universities, and $7,500,000 is for competitive grants for the
restoration of historic properties of national, State and local
significance listed on or eligible for inclusion on the National
Register of Historic Places, to be made without imposing the usage or
direct grant restrictions of section 101(e)(3) (54 U.S.C. 302904) of the
National Historical Preservation Act: Provided further, That such
competitive grants shall be made without imposing the matching
requirements in section 302902(b)(3) of title 54, United States Code, to
States and Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including Certified
Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $389,345,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year 2020
with a future phase indicated in the National Park Service 5-Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause availability of funds
found at 48 CFR 52.232-18: Provided further, That National Park Service
Donations, Park Concessions Franchise Fees, and Recreation Fees may be
made available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National Park
Service Construction appropriation: Provided
further, <<NOTE: Consultation.>> That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance with
current reprogramming thresholds, prior to making any charges authorized
by this section.
land acquisition and state assistance
(including rescission of funds)
For expenses necessary to carry out chapter 2003 of title 54, United
States Code, including administrative expenses, and for
[[Page 133 STAT. 2694]]
acquisition of lands or waters, or interest therein, in accordance with
the statutory authority applicable to the National Park Service,
$208,400,000, to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which $140,000,000 is for the
State assistance program and of which $13,000,000 shall be for the
American Battlefield Protection Program grants as authorized by chapter
3081 of title 54, United States Code.
Of the unobligated balances from amounts made available for the
National Park Service and derived from the Land and Water Conservation
Fund, $2,279,000 is hereby permanently rescinded from projects or from
other grant programs with an unobligated carry over balance: Provided,
That no amounts may be rescinded from amounts that were designed by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
centennial challenge
For expenses necessary to carry out the provisions of section 101701
of title 54, United States Code, relating to challenge cost share
agreements, $15,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets, or
a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of title
54, United States Code, franchise fees credited to a sub-account shall
be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of funds used to
extinguish or reduce liability. Franchise fees at the benefitting unit
shall be credited to the sub-account of the originating unit over a
period not to exceed the term of a single contract at the benefitting
unit, in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 203. Transfers may include a
reasonable amount for FHWA administrative support costs.
[[Page 133 STAT. 2695]]
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,270,957,000, to remain
available until September 30, 2021; of which $84,337,000 shall remain
available until expended for satellite operations; and of which
$76,164,000 shall be available until expended for deferred maintenance
and capital improvement projects that exceed $100,000 in cost:
Provided, That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property owner:
Provided further, <<NOTE: 43 USC 50.>> That no part of this
appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in section 6302 of title 31, United
States Code: Provided further, That the United States Geological Survey
may enter into contracts or cooperative agreements directly with
individuals or indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or intermittent
services of students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries, and
chapter 171 of title 28, United States Code, relating to tort claims,
but shall not be considered to be Federal employees for any other
purposes.
[[Page 133 STAT. 2696]]
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$191,611,000, of which $131,611,000 is to remain available until
September 30, 2021, and of which $60,000,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to this
appropriation from additions to receipts resulting from increases to
lease rental rates in effect on August 5, 1993, and from cost recovery
fees from activities conducted by the Bureau of Ocean Energy Management
pursuant to the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative activities:
Provided further, That the sum herein appropriated shall be reduced as
such collections are received during the fiscal year, so as to result in
a final fiscal year 2020 appropriation estimated at not more than
$131,611,000: Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting volunteer beach
and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and gas,
other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $149,333,000, of which $123,333,000 is to remain
available until September 30, 2021, and of which $26,000,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary and
credited to this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993, and from
cost recovery fees from activities conducted by the Bureau of Safety and
Environmental Enforcement pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2020
appropriation estimated at not more than $123,333,000: Provided
further, That of the unobligated balances from amounts made available
under this heading $4,788,000 is permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement
[[Page 133 STAT. 2697]]
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
For an additional amount, $43,479,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2020, as provided in
this Act: Provided, That to the extent that amounts realized from such
inspection fees exceed $43,479,000, the amounts realized in excess of
$43,479,000 shall be credited to this appropriation and remain available
until expended: Provided further, That for fiscal year 2020, not less
than 50 percent of the inspection fees expended by the Bureau of Safety
and Environmental Enforcement will be used to fund personnel and
mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $14,899,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$117,768,000, to remain available until September 30, 2021: Provided,
That <<NOTE: 30 USC 1211 note.>> appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That <<NOTE: 30 USC 1257 note.>> fees assessed and collected by the
Office pursuant to such section 507 shall be credited to this account as
discretionary offsetting collections, to remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2020 appropriation
estimated at not more than $117,768,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $24,713,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That
pursuant <<NOTE: Contracts. Debt collection.>> to Public Law 97-365, the
Department of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided further, That
[[Page 133 STAT. 2698]]
funds made available under title IV of Public Law 95-87 may be used for
any required non-Federal share of the cost of projects funded by the
Federal Government for the purpose of environmental restoration related
to treatment or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with the
purposes and priorities of the Surface Mining Control and Reclamation
Act: Provided further, That amounts provided under this heading may be
used for the travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and Enforcement sponsored
training.
In addition, $115,000,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such additional amount shall be used
for economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of
such additional amount, $75,000,000 shall be distributed in equal
amounts to the 3 Appalachian States with the greatest amount of unfunded
needs to meet the priorities described in paragraphs (1) and (2) of such
section, $30,000,000 shall be distributed in equal amounts to the 3
Appalachian States with the subsequent greatest amount of unfunded needs
to meet such priorities, and $10,000,000 shall be for grants to
federally recognized Indian Tribes without regard to their status as
certified or uncertified under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of
abandoned mine lands and other related activities in accordance with the
terms and conditions described in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act)
and shall be used for economic and community development in conjunction
with the priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977: Provided further, <<NOTE: Deadline.>> That
such additional amount shall be allocated to States and Indian Tribes
within 60 days after the date of enactment of this Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 5301 et seq.), $1,577,110,000, to remain available
until September 30, 2021, except as otherwise provided herein; of which
not to exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $74,734,000 shall be for welfare
assistance payments: Provided, That in cases of designated Federal
disasters, the Secretary may exceed such cap for welfare payments from
the amounts provided herein, to provide for disaster relief to Indian
communities affected
[[Page 133 STAT. 2699]]
by the disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized Indian tribes
may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $57,424,000 shall remain
available until expended for housing improvement, road maintenance,
attorney fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That any forestry
funds allocated to a federally recognized tribe which remain unobligated
as of September 30, 2021, may be transferred during fiscal year 2022 to
an Indian forest land assistance account established for the benefit of
the holder of the funds within the holder's trust fund
account: <<NOTE: Expiration date.>> Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2022: Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel: Provided further, That
the Bureau of Indian Affairs may accept transfers of funds from United
States Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for contract support
costs associated with Indian Self-Determination and Education Assistance
Act agreements with the Bureau of Indian Affairs and the Bureau of
Indian Education for fiscal year 2020, such sums as may be necessary,
which shall be available for obligation through September 30, 2021:
Provided, That notwithstanding any other provision of law, no amounts
made available under this heading shall be available for transfer to
another budget account.
construction
(including transfers and rescission of funds)
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483; $128,591,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That any funds provided for the Safety
of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C. 13),
shall be made available on a nonreimbursable basis: Provided further,
That this appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate share of
construction costs for space expansion needed in agency offices to meet
trust reform implementation: Provided further, That of the funds made
available under this heading, $10,000,000 shall be derived from the
Indian Irrigation Fund established by section 3211 of the WIIN Act
(Public Law 114-322; 130 Stat. 1749).
[[Page 133 STAT. 2700]]
Of the unobligated balances made available for the ``Construction,
Resources Management'' account, $2,000,000 is permanently rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and
for implementation of other land and water rights settlements,
$45,644,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $11,779,000, of
which $1,590,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed or insured, not to exceed $183,476,740.
bureau of indian education
operation of indian education programs
(including transfers of funds)
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $943,077,000, to remain
available until September 30, 2021, except as otherwise provided herein:
Provided, That Federally recognized Indian tribes and tribal
organizations of Federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs: Provided
further, That not to exceed $702,837,000 for school operations costs of
Bureau-funded schools and other education programs shall become
available on July 1, 2020, and shall remain available until September
30, 2021: Provided further, That notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination Act of
1975 (25 U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed $83,407,000 within
and only from such amounts made available for school operations shall be
available for administrative cost grants associated with grants approved
prior to July 1, 2020: Provided further, That in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel.
[[Page 133 STAT. 2701]]
education construction
For construction, repair, improvement, and maintenance of buildings,
utilities, and other facilities necessary for the operation of Indian
education programs, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; $248,257,000 to
remain available until expended: Provided, That in
order <<NOTE: Deadline.>> to ensure timely completion of construction
projects, the Secretary may assume control of a project and all funds
related to the project, if, not later than 18 months after the date of
the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et
seq.) grantee receiving funds appropriated in this Act or in any prior
Act, has not completed the planning and design phase of the project and
commenced construction.
administrative provisions
(including transfers of funds)
The Bureau of Indian Affairs and the Bureau of Indian Education may
carry out the operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants, either directly
or in cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs or the Bureau of Indian Education for
central office oversight and Executive Direction and Administrative
Services (except executive direction and administrative services funding
for Tribal Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts, grants,
compacts, or cooperative agreements with the Bureau of Indian Affairs or
the Bureau of Indian Education under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act of 1994 (Public Law
103-413).
In the event any tribe returns appropriations made available by this
Act to the Bureau of Indian Affairs or the Bureau of Indian Education,
this action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary school
in the State of Alaska.
No funds <<NOTE: Waiver authority. Determination.>> available to the
Bureau of Indian Education shall be used to support expanded grades for
any school or dormitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bureau of Indian
Education school system as of October 1, 1995, except that the Secretary
of the Interior may waive this prohibition to support expansion of up to
one additional grade when the Secretary determines such waiver is needed
to support accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand
[[Page 133 STAT. 2702]]
the elementary grade structure for Bureau-funded schools with a K-2
grade structure on October 1, 1996. Appropriations made available in
this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year
2012. <<NOTE: Charter schools. Reimbursement.>> Funds made available
under this Act may not be used to establish a charter school at a
Bureau-funded school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter
school that is in existence on the date of the enactment of this Act and
that has operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the charter
school pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property (including buses
and vans), the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any obligation for
charter school programs of the State in which the school is located if
the charter school loses such funding. Employees of Bureau-funded
schools sharing a campus with a charter school and performing functions
related to the charter school's operation and employees of a charter
school shall not be treated as Federal employees for purposes of chapter
171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113 of
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or
2004 a grantee received indirect and administrative costs pursuant to a
distribution formula based on section 5(f) of Public Law 101-301, the
Secretary shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution formula.
Funds <<NOTE: Waiver authority. Compliance.>> available under this
Act may not be used to establish satellite locations of schools in the
Bureau school system as of September 1, 1996, except that the Secretary
may waive this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-public
schools located within the jurisdictional area of the tribal government
which exclusively serve tribal members, do not include grades beyond
those currently served at the existing Bureau-funded school, provide an
educational environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all applicable
Tribal, Federal, or State health and safety standards, and the Americans
with Disabilities Act, and demonstrate the benefits of establishing
operations at a satellite location in lieu of incurring extraordinary
costs, such as for transportation or other impacts to students such as
those caused by busing students extended distances: Provided, That no
funds available under this Act may be used to fund operations,
maintenance, rehabilitation, construction or other facilities-related
costs for such assets that are not owned by the Bureau: Provided
further, <<NOTE: Definition.>> That the term ``satellite school'' means
a school location physically separated from the existing Bureau school
by more than 50 miles but that forms part of the existing school in all
other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education Programs
may be used to execute requested adjustments in tribal priority
allocations initiated by an Indian Tribe.
[[Page 133 STAT. 2703]]
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $131,832,000, to remain available until September 30, 2021; of
which no less than $1,000,000 shall be for the hiring of additional
personnel to assist the Department with its compliance responsibilities
under 5 U.S.C. 552; of which not to exceed $15,000 may be for official
reception and representation expenses; and of which up to $1,000,000
shall be available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines; and of which $10,000,000 for the Appraisal and
Valuation Services Office is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $11,061,000 for Indian land, mineral, and resource valuation
activities shall remain available until expended: Provided, That funds
for Indian land, mineral, and resource valuation activities may, as
needed, be transferred to and merged with the Bureau of Indian Affairs
``Operation of Indian Programs'' and Bureau of Indian Education
``Operation of Indian Education Programs'' accounts and the Office of
the Special Trustee for American Indians ``Federal Trust Programs''
account: Provided further, That funds made available through contracts
or grants obligated during fiscal year 2020, as authorized by the Indian
Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain
available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2020, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, <<NOTE: 31 USC 6903 note.>> That in the event the sums
appropriated for any fiscal year for payments pursuant to this chapter
are insufficient to make the full payments authorized by that chapter to
all units of local government, then the payment to each local government
shall be made proportionally: Provided further, That the Secretary may
make adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further, That
no payment shall be made pursuant to that chapter to otherwise eligible
units of local government if the computed amount of the payment is less
than $100.
[[Page 133 STAT. 2704]]
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $102,881,000, of
which: (1) $93,390,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensation and expenses,
as authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands, as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands, as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $9,491,000 shall be available until September 30, 2021, for
salaries and expenses of the Office of Insular Affairs: <<NOTE: 48 USC
1469b.>> Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial Assistance
for the Northern Mariana Islands approved by Public Law 104-134:
Provided further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital infrastructure with
territorial participation and cost sharing to be determined by the
Secretary based on the grantee's commitment to timely maintenance of its
capital assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of hazard
mitigation grants provided pursuant to section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of Micronesia,
as authorized by Public Law 99-658 and Public Law 108-188: Provided,
That of the funds appropriated under this heading, $5,000,000 is for
deposit into the Compact Trust Fund of the Republic of the Marshall
Islands as compensation authorized by Public Law 108-188 for adverse
financial and economic impacts.
[[Page 133 STAT. 2705]]
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act for
construction and repair projects in Guam, and such funds shall remain
available until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such loans or
loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $66,816,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$55,986,000, to remain available until September 30, 2021.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer and rescission of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$111,540,000, to remain available until expended, of which not to exceed
$19,016,000 from this or any other Act, may be available for historical
accounting: Provided, That funds for trust management improvements and
litigation support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs, ``Operation of Indian Programs'' and Bureau of
Indian Education, ``Operation of Indian Education Programs'' accounts;
the Office of the Solicitor, ``Salaries and Expenses'' account; and the
Office of the Secretary, ``Departmental Operations'' account: Provided
further, That funds made available through contracts or grants obligated
[[Page 133 STAT. 2706]]
during fiscal year 2020, as authorized by the Indian Self-Determination
Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until
expended by the contractor or grantee: Provided further, That
notwithstanding any other provision of law, the Secretary shall not be
required to provide a quarterly statement of performance for any Indian
trust account that has not had activity for at least 15 months and has a
balance of $15 or less: Provided further, That the
Secretary <<NOTE: Account statement. Records.>> shall issue an annual
account statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That not to
exceed $50,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Office of the Special Trustee receives proof of ownership from a Special
Deposit Accounts claimant: Provided further, That notwithstanding
section 102 of the American Indian Trust Fund Management Reform Act of
1994 (Public Law 103-412) or any other provision of law, the Secretary
may aggregate the trust accounts of individuals whose whereabouts are
unknown for a continuous period of at least five years and shall not be
required to generate periodic statements of performance for the
individual accounts: Provided
further, <<NOTE: Records. Determination.>> That with respect to the
eighth proviso, the Secretary shall continue to maintain sufficient
records to determine the balance of the individual accounts, including
any accrued interest and income, and such funds shall remain available
to the individual account holders.
Of the unobligated balances from amounts made available for the
Office of the Special Trustee for American Indians, $3,000,000 is
permanently rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $952,338,000, to remain available until expended, of which
not to exceed $18,427,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from which funds
were previously transferred for such purposes: Provided further, That
of the funds provided $194,000,000 is for fuels management activities:
Provided further, That of the funds provided $20,470,000 is for burned
area rehabilitation: Provided further, That persons hired pursuant to
43 U.S.C. 1469 may
[[Page 133 STAT. 2707]]
be furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that protection,
and are available without fiscal year limitation: Provided
further, <<NOTE: Contracts. Grants.>> That using the amounts designated
under this title of this Act, the Secretary of the Interior may enter
into procurement contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring associated with
such fuels management activities on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal land:
Provided further <<NOTE: Cost sharing.>> , That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
fuels management activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit youth groups; (3)
small or micro-businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or more, of the
project workforce to complete such contracts: <<NOTE: Guidance.>>
Provided further, That in implementing this section, the Secretary shall
develop written guidance to field units to ensure accountability and
consistent application of the authorities provided herein:
Provided <<NOTE: Reimbursement.>> further, That funds appropriated under
this heading may be used to reimburse the United States Fish and
Wildlife Service and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required
by section 7 of such Act, in connection with wildland fire management
activities: Provided further, That the Secretary of the Interior may
use wildland fire appropriations to enter into leases of real property
with local governments, at or below fair market value, to construct
capitalized improvements for fire facilities on such leased properties,
including but not limited to fire guard stations, retardant stations,
and other initial attack and fire support facilities, and to make
advance payments for any such lease or for construction activity
associated with the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate amount
not to exceed $50,000,000 between the Departments when such transfers
would facilitate and expedite wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this heading
shall be available for assistance to or through the Department of State
in connection with forest and rangeland research, technical information,
and assistance in foreign countries, and, with the concurrence of the
Secretary of State, shall be available to support forestry, wildland
fire management, and related natural resource activities outside the
United States and its territories and possessions, including technical
assistance,
[[Page 133 STAT. 2708]]
education and training, and cooperation with United States and
international organizations: Provided further, That of the funds
provided under this heading $383,657,000 is provided to meet the terms
of section 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of the Interior--Department-Wide Programs--Wildland Fire Management''
for wildfire suppression operations, $300,000,000, to remain available
until transferred, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the headings
``Department of Agriculture--Forest Service--Wildland Fire Management''
and ``Department of the Interior--Department-Wide Programs--Wildland
Fire Management'' for wildfire suppression operations in the fiscal year
in which such amounts are transferred: <<NOTE: Notification. Time
period.>> Provided further, That amounts may be transferred to the
``Wildland Fire Management'' accounts in the Department of Agriculture
or the Department of the Interior only upon the notification of the
House and Senate Committees on Appropriations that all wildfire
suppression operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to any
other transfer authority provided by law.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
For an additional amount for a competitive grant program to fund
radium decontamination and remediation at any land-grant university that
has been subjected to such contamination as a result of actions of the
former United States Bureau of Mines, $12,000,000.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until expended.
[[Page 133 STAT. 2709]]
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $55,735,000, to
remain available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: <<NOTE: Grants. Contracts.>> Provided further, That
the Secretary may enter into grants and cooperative agreements to
support the Office of Natural Resource Revenue's collection and
disbursement of royalties, fees, and other mineral revenue proceeds, as
authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price for
the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds, and
for grants and cooperative agreements, as authorized by law,
$147,330,000, to remain available until September 30, 2021; of which
$50,651,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable erroneous
payments.
[[Page 133 STAT. 2710]]
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made <<NOTE: Reimbursement.>> in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
with such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided
further <<NOTE: Determination. Time period.>> , That for wildland fire
operations, no funds shall be made available under this authority until
the Secretary determines that funds appropriated for ``wildland fire
suppression'' shall be exhausted within 30 days: Provided further, That
all funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible: Provided <<NOTE: Reimbursement.>> further, That such
replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
[[Page 133 STAT. 2711]]
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section 3109
of title 5, United States Code, when authorized by the Secretary, in
total amount not to exceed $500,000; purchase and replacement of motor
vehicles, including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations approved by
the Secretary; and the payment of dues, when authorized by the
Secretary, for library membership in societies or associations which
issue publications to members only or at a price to members lower than
to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Bureau of Indian Education, and Office of the
Special Trustee for American Indians and any unobligated balances from
prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose. <<NOTE: Notification. Deadline.>> The Secretary shall notify
the House and Senate Committees on Appropriations within 60 days of the
expenditure or transfer of any funds under this section, including the
amount expended or transferred and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2020.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
ellis, governors, and liberty islands
Sec. 106. <<NOTE: New York. New Jersey. Contracts.>>
Notwithstanding any other provision of law, the Secretary of the
Interior is authorized to acquire lands, waters, or interests therein
including the use of all or part of any pier, dock, or landing within
the State of New York and the State of New Jersey, for the purpose of
operating and maintaining facilities in the support of transportation
and accommodation of visitors to Ellis, Governors, and Liberty Islands,
and of other program and administrative activities, by donation or with
appropriated funds, including franchise fees (and other monetary
consideration), or by exchange; and the Secretary is authorized to
negotiate and
[[Page 133 STAT. 2712]]
enter into leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions as the
Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2020, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the ``Offshore
Safety and Environmental Enforcement'' account, from the designated
operator for facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above the
waterline, excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2020 shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2020. Fees for fiscal year 2020 shall be--
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
assessed for all inspections completed in fiscal year 2020. Fees for
fiscal year 2020 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) <<NOTE: Time periods. Deadlines.>> The Secretary shall bill
designated operators under subsection (b) quarterly, with payment
required within 30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of the month in
which the inspection occurred, with payment required within 30 days of
billing. The Secretary shall bill designated operators under subsection
(d) with payment required by the end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. <<NOTE: 16 USC 1336 note.>> Notwithstanding any other
provision of this Act, the Secretary of the Interior may enter into
multiyear cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41, United
States Code (except that the 5-year term restriction in subsection (a)
shall not apply), for the long-term care and maintenance of excess wild
free roaming horses and burros by such organizations or entities on
private land. Such cooperative agreements and <<NOTE: Time
period.>> contracts may not exceed 10 years, subject to renewal at the
discretion of the Secretary.
[[Page 133 STAT. 2713]]
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during fiscal
year 2020, in carrying out work involving cooperation with State, local,
and tribal governments or any political subdivision thereof, Indian
Affairs may record obligations against accounts receivable from any such
entities, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end of the
fiscal year.
department of the interior experienced services program
Sec. 111. (a) <<NOTE: Grants. Contracts.>> Notwithstanding any other
provision of law relating to Federal grants and cooperative agreements,
the Secretary of the Interior is authorized to make grants to, or enter
into cooperative agreements with, private nonprofit organizations
designated by the Secretary of Labor under title V of the Older
Americans Act of 1965 to utilize the talents of older Americans in
programs authorized by other provisions of law administered by the
Secretary and consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. <<NOTE: Deadline.>> Amounts appropriated by this Act to
the Department of the Interior shall be available for obligation and
expenditure not later than 60 days after the date of enactment of this
Act.
extension of authorities
Sec. 113. (a) Section 512 of title V of division J of Public Law
108-447 <<NOTE: 54 USC 320101 note.>> is amended by striking ``on the
date that is 15 years after the date that funds are first made available
for this title.'' and inserting ``after September 30, 2022.''.
(b) Section 608 of title VI of division J of Public Law 108-447 is
amended by striking ``the <<NOTE: 54 USC 320101 note.>> expiration of
the 15-year period
[[Page 133 STAT. 2714]]
beginning on the date that funds are first made available for this
title.'' and inserting ``September 30, 2022.''.
(c) Section 109 of title I of Public Law 103-449, as amended by
Public Law 111-11, title VIII section 8201(c), <<NOTE: 54 USC 320101
note.>> is further amended by striking ``$15,000,000'' and inserting
``$17,000,000''.
(d) Section 608(a) of division II of Public Law 104-333, as amended
by Public Law 110-229 section 461 <<NOTE: 54 USC 320101 note.>> , is
further amended by striking ``$15,000,000'' and inserting
``$17,000,000''.
(e) Section 810(a)(1) of title VIII of division B of appendix D of
Public Law 106-554, as amended by Public Law 115-31, division G, title I
section 115(b) <<NOTE: 54 USC 320101 note.>> , is further amended by
striking ``$12,000,000'' and inserting ``$14,000,000''.
separation of accounts
Sec. 114. <<NOTE: Transfer authority.>> The Secretary of the
Interior, in order to implement an orderly transition to separate
accounts of the Bureau of Indian Affairs and the Bureau of Indian
Education, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in this Act.
payments in lieu of taxes (pilt)
Sec. 115. <<NOTE: Applicability. 31 USC 6906 note.>> Section 6906
of title 31, United States Code, shall be applied by substituting
``fiscal year 2020'' for ``fiscal year 2019''.
sage-grouse
Sec. 116. None of the funds made available by this or any other Act
may be used by the Secretary of the Interior to write or issue pursuant
to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
disclosure of departure or alternate procedure approval
Sec. 117. <<NOTE: Deadlines. Public information. Web posting.>> (a)
Subject to subsection (b), beginning no later than 180 days after the
enactment of this Act, in any case in which the Bureau of Safety and
Environmental Enforcement or the Bureau of Ocean Energy Management
prescribes or approves any departure or use of alternate procedure or
equipment, in regards to a plan or permit, under 30 C.F.R. Sec.
585.103, 30 C.F.R. Sec. 550.141; 30 C.F.R. Sec. 550.142; 30 C.F.R.
Sec. 250.141, or 30 C.F.R. Sec. 250.142, the head of such bureau shall
post a description of such departure or alternate procedure or equipment
use approval on such bureau's publicly available website not more than
15 business days after such issuance.
(b) The head of each bureau may exclude confidential business
information.
[[Page 133 STAT. 2715]]
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $716,449,000, to remain available until September 30, 2021:
Provided, That of the funds included under this heading, $6,000,000
shall be for Research: National Priorities as specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$31,000 for official reception and representation expenses,
$2,663,356,000, to remain available until September 30, 2021: Provided,
That of the funds included under this heading, $17,700,000 shall be for
Environmental Protection: National Priorities as specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of the
funds included under this heading, $510,276,000 shall be for Geographic
Programs specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
In addition, $5,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in the
``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal
year 2020 shall be retained and used for necessary salaries and expenses
in this appropriation and shall remain available until expended:
Provided further, That the sum herein appropriated in this paragraph
from the general fund for fiscal year 2020 shall be reduced by the
amount of discretionary offsetting receipts received during fiscal year
2020, so as to result in a final fiscal year 2020 appropriation from the
general fund estimated at not more than $0: Provided further, That to
the extent that amounts realized from such receipts exceed $5,000,000,
those amount in excess of $5,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in fiscal year
2020, shall be retained and used for necessary salaries and expenses in
this
[[Page 133 STAT. 2716]]
account, and shall remain available until expended: Provided further,
That of the funds included in the first paragraph under this heading,
the Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any fees
appropriated, not less than the amount of appropriations for that
program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $8,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2020, which shall remain
available until expended and be used for necessary expenses in this
appropriation, so as to result in a final fiscal year 2020 appropriation
from the general fund estimated at not more than $0: Provided further,
That to the extent such offsetting collections received in fiscal year
2020 exceed $8,000,000, those excess amounts shall remain available
until expended and be used for necessary expenses in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2021.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $33,598,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
hire, maintenance, and operation of aircraft, $1,184,755,000, to remain
available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2019, as authorized by section 517(a) of
the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up
to $1,184,755,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a) of
CERCLA: Provided further, That of the funds appropriated under this
heading, $11,586,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2021,
and $30,747,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2021.
[[Page 133 STAT. 2717]]
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by subtitle I of the Solid Waste Disposal
Act, $91,941,000, to remain available until expended, of which
$66,572,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other provisions
of the Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to implement
section 9013 of the Solid Waste Disposal Act to provide financial
assistance to federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990, including
hire, maintenance, and operation of aircraft, $19,581,000, to be derived
from the Oil Spill Liability trust fund, to remain available until
expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,246,232,000, to remain available until expended,
of which--
(1) $1,638,826,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $1,126,088,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That for fiscal year 2020, to the extent
there are sufficient eligible project applications and projects
are consistent with State Intended Use Plans, not less than 10
percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants
shall be used by the State for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That for fiscal year 2020, funds made available under this title
to each State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each State, be
used for projects to address green infrastructure, water or
energy efficiency improvements, or other environmentally
innovative activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2020 and prior years where such
amounts represent costs of administering the fund to the extent
that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the
fund, and used for eligible
[[Page 133 STAT. 2718]]
purposes of the fund, including administration: Provided
further, That for <<NOTE: Territories. District of
Columbia.>> fiscal year 2020, notwithstanding the provisions of
subsections (g)(1), (h), and (l) of section 201 of the Federal
Water Pollution Control Act, grants made under title II of such
Act for American Samoa, Guam, the commonwealth of the Northern
Marianas, the United States Virgin Islands, and the District of
Columbia may also be made for the purpose of providing
assistance: (1) solely for facility plans, design activities, or
plans, specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for the
construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or
small commercial establishments: Provided further, That for
fiscal year 2020, notwithstanding the provisions of such
subsections (g)(1), (h), and (l) of section 201 and section
518(c) of the Federal Water Pollution Control Act, funds
reserved by the Administrator for grants under section 518(c) of
the Federal Water Pollution Control Act may also be used to
provide assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2020, notwithstanding any provision of the Federal
Water Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds reserved by
the Administrator for grants under section 518(c) of such Act
may also be used for grants for training, technical assistance,
and educational programs relating to the operation and
management of the treatment works specified in section 518(c) of
such Act: Provided further, That for fiscal year 2020, funds
reserved under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section 518(h) of
such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native Villages
as defined in Public Law 92-203: Provided further, That for
fiscal year 2020, notwithstanding the limitation on amounts in
section 518(c) of the Federal Water Pollution Control Act, up to
a total of 2 percent of the funds appropriated, or $30,000,000,
whichever is greater, and notwithstanding the limitation on
amounts in section 1452(i) of the Safe Drinking Water Act, up to
a total of 2 percent of the funds appropriated, or $20,000,000,
whichever is greater, for State Revolving Funds under such Acts
may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of <<NOTE: Territories.>> such Acts:
Provided further, That for fiscal year 2020, notwithstanding the
amounts specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the aggregate funds
appropriated for the Clean Water State Revolving Fund program
under the Act less any sums reserved under section 518(c) of the
Act, may be reserved by the Administrator for grants made under
title II of the Federal Water Pollution Control Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas, and
United States Virgin Islands: Provided further, That for fiscal
year 2020, notwithstanding the limitations on amounts specified
in section 1452(j) of the Safe Drinking Water Act,
[[Page 133 STAT. 2719]]
up to 1.5 percent of the funds appropriated for the Drinking
Water State Revolving Fund programs under the Safe Drinking
Water Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act: Provided
further, That <<NOTE: Determination.>> 10 percent of the funds
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants and 14 percent of the
funds made available under this title to each State for Drinking
Water State Revolving Fund capitalization grants shall be used
by the State to provide additional subsidy to eligible
recipients in the form of forgiveness of principal, negative
interest loans, or grants (or any combination of these), and
shall be so used by the State only where such funds are provided
as initial financing for an eligible recipient or to buy,
refinance, or restructure the debt obligations of eligible
recipients only where such debt was incurred on or after the
date of enactment of this Act, or where such debt was incurred
prior to the date of enactment of this Act if the State, with
concurrence from the Administrator, determines that such funds
could be used to help address a threat to public health from
heightened exposure to lead in drinking water or if a Federal or
State emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this Act:
Provided further, That in a State in which such an emergency
declaration has been issued, the State may use more than 14
percent of the funds made available under this title to the
State for Drinking Water State Revolving Fund capitalization
grants to provide additional subsidy to eligible recipients;
(2) <<NOTE: Consultation.>> $25,000,000 shall be for
architectural, engineering, planning, design, construction and
related activities in connection with the construction of high
priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the
appropriate border commission: Provided, That no funds provided
by this appropriations Act to address the water, wastewater and
other critical infrastructure needs of the colonias in the
United States along the United States-Mexico border shall be
made available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) <<NOTE: Alaska.>> $29,186,000 shall be for grants to the
State of Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native Villages:
Provided, That of these funds: (A) the State of Alaska shall
provide a match of 25 percent; (B) no more than 5 percent of the
funds may be used for administrative and overhead expenses; and
(C) the State of Alaska shall make awards consistent with the
Statewide priority list established in conjunction with the
Agency and the U.S. Department of Agriculture for all water,
sewer, waste disposal, and similar projects carried out by the
State of Alaska that are funded under section 221 of the Federal
[[Page 133 STAT. 2720]]
Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated
Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which
shall allocate not less than 25 percent of the funds provided
for projects in regional hub communities;
(4) $89,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That at least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided
further, <<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;
(5) $87,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $56,306,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322);
(8) $25,408,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act (42
U.S.C. 300j-19a);
(9) $26,000,000 shall be for grants under section 1464(d) of
the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(10) $19,511,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(11) $3,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(12) $12,000,000 shall be for grants under section 104(b)(8)
of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(13) $28,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $1,000,000 shall be for grants under section 4304(b) of
the America's Water Infrastructure Act of 2018 (Public Law 115-
270); and
(15) $1,075,907,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to
terms and conditions specified by the Administrator, of which:
$46,190,000 shall be for carrying out section 128 of CERCLA;
$9,332,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs;
$1,449,000 shall be for grants to States under section
2007(f)(2) of the Solid
[[Page 133 STAT. 2721]]
Waste Disposal Act, which shall be in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available for
grants under section 106 of the Federal Water Pollution Control
Act shall be for State participation in national- and State-
level statistical surveys of water resources and enhancements to
State monitoring programs; $13,000,000 shall be for multipurpose
grants, including interagency agreements.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $55,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$11,500,000,000: Provided further, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of
direct loans and for the cost of guaranteed loans for projects described
in section 5026(9) of the Water Infrastructure Finance and Innovation
Act of 2014 to State infrastructure financing authorities, as authorized
by section 5033(e) of such Act: Provided further, That the
Administrator, <<NOTE: Criteria. Deadline. Federal Register,
publication.>> together with the Director of the Office of Management
and Budget and the Secretary of the Treasury, shall jointly develop
criteria for project eligibility for direct loans and loan guarantees
authorized by the Water Infrastructure Finance and Innovation Act of
2014 that limit Federal participation in a project consistent with the
requirements for the budgetary treatment provided for in section 504 of
the Federal Credit Reform Act of 1990 and based on the recommendations
contained in the 1967 Report of the President's Commission on Budget
Concepts; and the Administrator, the Director, and the Secretary, shall,
not later than 120 days after the date of enactment of this Act, publish
such criteria in the Federal Register: Provided further, That,
in <<NOTE: Consultation.>> developing the criteria to be used, the
Administrator, the Director, and the Secretary, shall consult with the
Director of the Congressional Budget Office: Provided further, That the
requirements of section 553 of title 5, United States Code, shall not
apply to the development and publication of such criteria: Provided
further, That the use of direct loans or loan guarantee authority under
this heading for direct loans or commitments to guarantee loans for any
project shall be in accordance with the criteria published pursuant to
this Act: Provided <<NOTE: Certification. Federal Register,
publication.>> further, That the Administrator, the Director, and the
Secretary, shall also certify, and publish such certification in the
Federal Register, that the criteria is compliant with this paragraph, at
the same time the Administrator, the Director, and the Secretary,
publish the criteria in the Federal Register: Provided
further, <<NOTE: Certification.>> That the Administrator may not issue
a Notice of Funding Availability for applications
[[Page 133 STAT. 2722]]
for credit assistance under the Water Infrastructure Finance and
Innovation Act Program in fiscal year 2020 until the criteria have been
developed and published pursuant to the fourth proviso and certified
pursuant to the previous proviso:
Provided <<NOTE: Certification.>> further, That none of the direct loans
or loan guarantee authority made available under this heading shall be
available for any project unless the Administrator and the Director of
the Office of Management and Budget have certified in advance in writing
that the direct loan or loan guarantee, as applicable, and the project
comply with the criteria developed and published pursuant to this Act:
Provided further, That the criteria developed and published pursuant to
this Act shall not apply to the use of direct loans or loan guarantee
authority provided by prior appropriations Acts: Provided further, That
not later <<NOTE: Reports.>> than 15 days after the date upon which
criteria have been published pursuant to the fourth proviso, the
Administrator shall report to the Committees on Appropriations of the
House of Representatives and Senate, the Committees on Energy and
Commerce and Transportation and Infrastructure of the House of
Representatives, and the Committee on Environment and Public Works of
the Senate on any statutory improvements to the Water Infrastructure
Finance and Innovation Act of 2014 or to the Water Infrastructure
Finance and Innovation Act Program Account's appropriations language
that would further align such Act and such language with the budgetary
treatment and recommendations referred to in the fourth proviso:
Provided further, That, for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the Congressional
Budget Office may request, and the Administrator shall promptly provide,
documentation and information relating to a project identified in a
Letter of Interest submitted to the Administrator pursuant to a Notice
of Funding Availability for applications for credit assistance under the
Water Infrastructure Finance and Innovation Act Program, including with
respect to a project that was initiated or completed before the date of
enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain
available until September 30, 2021.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal environmental
programs required or authorized by law in the absence of an acceptable
tribal program, may award cooperative agreements to federally recognized
Indian tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized by law,
except that no such cooperative
[[Page 133 STAT. 2723]]
agreements may be awarded from funds designated for State financial
assistance agreements.
The <<NOTE: Fees.>> Administrator of the Environmental Protection
Agency is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended by Public Law 116-8, the
Pesticide Registration Improvement Extension Act of 2018.
<<NOTE: Fees.>> Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-
8(d)(2)), the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year
2020.
The Administrator is authorized to transfer up to $320,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of any
Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per project.
<<NOTE: Grants.>> For fiscal year 2020, and notwithstanding section
518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian tribes
pursuant to sections 319(h) and 518(e) of that Act.
<<NOTE: Grants.>> The Administrator is authorized to use the
amounts appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2020 to provide grants to implement the
Southeastern New England Watershed Restoration Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $1,350,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
The fourth paragraph under heading ``Administrative Provisions'' in
title II of Public Law 109-54 <<NOTE: 119 Stat. 531; 128 Stat. 2427.>>
is amended by striking ``2020'' and inserting ``2025''.
[[Page 133 STAT. 2724]]
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $875,000: Provided, That funds made
available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to fund
up to one administrative support staff for the office.
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $305,000,000, to remain available through September
30, 2023: Provided, That of the funds provided, $77,000,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, and conducting an
international program as authorized, $346,990,000, to remain available
through September 30, 2023, as authorized by law; of which $63,990,000
is to be derived from the Land and Water Conservation Fund to be used
for the Forest Legacy Program, to remain available until expended.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,957,510,000, to remain available through
September 30, 2023: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $373,000,000
shall be for forest products: Provided further, That of the funds
provided, $445,310,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to make
grants, using any authorities available to the Forest Service under the
``State and Private Forestry'' appropriation, for the purpose of
creating incentives for increased use of biomass from National Forest
System lands: Provided further, That $20,000,000 may be used by the
Secretary
[[Page 133 STAT. 2725]]
of Agriculture to enter into procurement contracts or cooperative
agreements or to issue grants for hazardous fuels management activities,
and for training or monitoring associated with such hazardous fuels
management activities on Federal land, or on non-Federal land if the
Secretary determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the Community
Forestry Restoration Act, Public Law 106-393, title VI, shall be
available for use on non-Federal lands in accordance with authorities
made available to the Forest Service under the ``State and Private
Forestry'' appropriations: Provided further, <<NOTE: 43 USC 1751
note.>> That notwithstanding section 33 of the Bankhead Jones Farm
Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating
a fee for grazing on a National Grassland, may provide a credit of up to
50 percent of the calculated fee to a Grazing Association or direct
permittee for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the conservation
practice is incurred. And, that the amount credited shall remain
available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation practices
approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, $455,000,000, to remain available through September 30, 2023, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for construction,
reconstruction, decommissioning of roads that are no longer needed,
including unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the Forest Service
as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided,
That funds becoming available in fiscal year 2020 under the Act of March
4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund of the
Treasury and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated.
land acquisition
(including rescission of funds)
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $78,898,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
Of the unobligated balances from amounts made available for Forest
Service and derived from the Land and Water Conservation Fund,
$2,000,000 is hereby permanently rescinded from projects with cost
savings or failed projects or partially failed that had funds returned:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget
[[Page 133 STAT. 2726]]
or the Balanced Budget and Emergency Deficit Control Act of 1985.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $700,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16
U.S.C. 484a), to remain available through September 30, 2023, (16 U.S.C.
516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public
Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2023, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2023, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal lands
in Alaska for subsistence uses under title VIII of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $2,500,000, to
remain available through September 30, 2023.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression on
or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $2,350,620,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this heading, are
[[Page 133 STAT. 2727]]
available for repayment of advances from other appropriations accounts
previously transferred for such purposes: Provided further, That any
unobligated funds appropriated in a previous fiscal year for hazardous
fuels management may be transferred to the ``National Forest System''
account: Provided further, <<NOTE: Reimbursement.>> That such funds
shall be available to reimburse State and other cooperating entities for
services provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest Service for
non-fire emergencies are fully repaid by the responsible emergency
management agency: Provided further, That funds provided shall be
available for support to Federal emergency response: Provided
further, <<NOTE: Cost sharing.>> That the costs of implementing any
cooperative agreement between the Federal Government and any non-Federal
entity may be shared, as mutually agreed on by the affected parties:
Provided further, That of the funds provided under this heading,
$1,011,000,000 shall be available for wildfire suppression operations,
and is provided to the meet the terms of section 251(b)(2)(F)(ii)(I) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire
suppression operations, $1,950,000,000, to remain available until
transferred, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the headings
``Department of the Interior--Department-Wide Programs--Wildland Fire
Management'' and ``Department of Agriculture--Forest Service--Wildland
Fire Management'' for wildfire suppression operations in the fiscal year
in which such amounts are transferred: Provided
further, <<NOTE: Notification. Deadline.>> That amounts may be
transferred to the ``Wildland Fire Management'' accounts in the
Department of the Interior or the Department of Agriculture only upon
the notification of the House and Senate Committees on Appropriations
that all wildfire suppression operations funds appropriated under that
heading in this and prior appropriations Acts to the agency to which the
funds will be transferred will be obligated within 30 days: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided by law.
communications site administration
Amounts collected in this fiscal year pursuant to section 8705(f)(2)
of the Agriculture Improvement Act of 2018 (Public Law 115-334), as
amended by this Act, shall be deposited in the special account
established by section 8705(f)(1) of such Act, shall be available to
cover the costs described in subsection (c)(3) of such section of such
Act, and shall remain available until expended: Provided, That such
amounts shall be transferred to the ``National Forest System'' account.
[[Page 133 STAT. 2728]]
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and acquisition
of aircraft to maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
Any <<NOTE: Notification. Time period.>> appropriations or funds
available to the Forest Service may be transferred to the Wildland Fire
Management appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning conditions
upon the Secretary's notification of the House and Senate Committees on
Appropriations that all fire suppression funds appropriated under the
heading ``Wildland Fire Management'' will be obligated within 30 days:
Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Department
of the Interior for wildland fire management, hazardous fuels
management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated to
the Forest Service by this Act to or within the National Forest System
Account, or reprogram funds to be used for the purposes of hazardous
fuels management and urgent rehabilitation of burned-over National
Forest System lands and water, such transferred funds shall remain
available through September 30, 2023: Provided,
That <<NOTE: Notification.>> none of the funds transferred pursuant to
this section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That this
section does not apply to funds derived from the Land and Water
Conservation Fund.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities
[[Page 133 STAT. 2729]]
outside the United States and its territories and possessions, including
technical assistance, education and training, and cooperation with U.S.,
private, and international organizations. The Forest Service, acting for
the International Program, may sign direct funding agreements with
foreign governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the Department
of State, and the Millennium Challenge Corporation), U.S. private sector
firms, institutions and organizations to provide technical assistance
and training programs overseas on forestry and rangeland management.
<<NOTE: Wild horses and burros.>> Funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Department
of the Interior, Bureau of Land Management, for removal, preparation,
and adoption of excess wild horses and burros from National Forest
System lands, and for the performance of cadastral surveys to designate
the boundaries of such lands.
<<NOTE: 16 USC 556i.>> None of the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal
year shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
of Public Law 107-171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture for
Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain information technology services, including telecommunications and
system modifications or enhancements, from the Working Capital Fund of
the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000 shall
be available for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation Corps and
shall be carried out under the authority of the Public Lands Corps Act
of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $3,000,000 may be advanced
in a lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made available to the
Foundation, no more than $300,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain, by the
end of the period of Federal financial assistance, private contributions
to match funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may transfer
Federal funds to a Federal or a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal matching
funds.
[[Page 133 STAT. 2730]]
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a Federal or
non-Federal recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older Americans
Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations or
funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar matters unrelated to civil litigation. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
<<NOTE: Reports.>> Notwithstanding any other provision of this Act,
through the Office of Budget and Program Analysis, the Forest Service
shall report no later than 30 business days following the close of each
fiscal quarter all current and prior year unobligated balances, by
fiscal year, budget line item and account, to the House and Senate
Committees on Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the
[[Page 133 STAT. 2731]]
Indian Health Service, $4,315,205,000 to remain available until
September 30, 2021, except as otherwise provided herein, together with
payments received during the fiscal year pursuant to sections 231(b) and
233 of the Public Health Service Act (42 U.S.C. 238(b) and 238b), for
services furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts authorized by the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), shall be deemed to be obligated at the time of the grant or
contract award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided further,
That $2,000,000 shall be available for grants or contracts with public
or private institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided further,
That $964,819,000 for Purchased/Referred Care, including $53,000,000 for
the Indian Catastrophic Health Emergency Fund, shall remain available
until expended: Provided further, That of the funds provided, up to
$40,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That of the funds provided,
$125,000,000 shall remain available until expended to supplement funds
available for operational costs at tribal clinics operated under an
Indian Self-Determination and Education Assistance Act compact or
contract where health care is delivered in space acquired through a full
service lease, which is not eligible for maintenance and improvement and
equipment funds from the Indian Health Service, and $58,000,000 shall be
for costs related to or resulting from accreditation emergencies,
including supplementing activities funded under the heading ``Indian
Health Facilities,'' of which up to $4,000,000 may be used to supplement
amounts otherwise available for Purchased/Referred Care: Provided
further, That the amounts collected by the Federal Government as
authorized by sections 104 and 108 of the Indian Health Care Improvement
Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal year for
breach of contracts shall be deposited in the Fund authorized by section
108A of that Act (25 U.S.C. 1616a-1) and shall remain available until
expended and, notwithstanding section 108A(c) of that Act (25 U.S.C.
1616a-1(c)), funds shall be available to make new awards under the loan
repayment and scholarship programs under sections 104 and 108 of that
Act (25 U.S.C. 1613a and 1616a): Provided
further, <<NOTE: Allocations.>> That the amounts made available within
this account for the Substance Abuse and Suicide Prevention Program, for
Opioid Prevention, Treatment and Recovery Services, for the Domestic
Violence Prevention Program, for the Zero Suicide Initiative, for the
housing subsidy authority for civilian employees, for Aftercare Pilot
Programs at Youth Regional Treatment Centers, for transformation and
modernization costs of the Indian Health Service Electronic Health
Record system, for national quality and oversight activities, to improve
collections from public and private insurance at Indian Health Service
and tribally operated facilities, and for accreditation emergencies
shall be allocated at the discretion of the Director of the Indian
Health Service and shall remain available until expended: Provided
further, That funds <<NOTE: Time period. Records.>> provided in this
Act may be used for annual contracts and grants that fall within 2
fiscal years, provided the total obligation is recorded in the year the
funds are appropriated: Provided
[[Page 133 STAT. 2732]]
further, That the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended
for the purpose of achieving compliance with the applicable conditions
and requirements of titles XVIII and XIX of the Social Security Act,
except for those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided further,
That <<NOTE: Reports.>> amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health Service,
and from tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.): Provided further,
That of the funds provided, $72,280,000 is for the Indian Health Care
Improvement Fund and may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account: Provided
further, <<NOTE: Consultation. Time period.>> That none of the funds
appropriated by this Act to the Indian Health Service for the Electronic
Health Record system shall be available for obligation or expenditure
for the selection or implementation of a new Information Technology
infrastructure system, unless the Committees on Appropriations of the
House of Representatives and the Senate are consulted 90 days in advance
of such obligation.
contract support costs
For payments to tribes and tribal organizations for contract support
costs associated with Indian Self-Determination and Education Assistance
Act agreements with the Indian Health Service for fiscal year 2020, such
sums as may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this heading shall be
available for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $911,889,000 to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes
[[Page 133 STAT. 2733]]
may be used to purchase land on which such facilities will be located:
Provided further, That not to exceed $500,000 may be used by the Indian
Health Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and tribal
facilities: Provided further, That none of the funds appropriated to
the Indian Health Service may be used for sanitation facilities
construction for new homes funded with grants by the housing programs of
the United States Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and the
``Indian Health Services'' account may be used by the Indian Health
Service to obtain ambulances for the Indian Health Service and tribal
facilities in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 may be placed in a
Demolition Fund, to remain available until expended, and be used by the
Indian Health Service for the demolition of Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally administered
or Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of
the facility providing the service and shall be available without fiscal
year limitation: Provided further, That notwithstanding any other law
or regulation, funds transferred from the Department of Housing and
Urban Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act and Public
Law 93-638: Provided further, That funds appropriated to the Indian
Health Service in this Act, except those used for administrative and
program direction purposes, shall not be subject to limitations directed
at curtailing Federal travel and transportation: Provided
further, <<NOTE: Assessments.>> That none of the funds made available to
the Indian Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services unless
identified in the budget justification and provided in this Act, or
approved by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That notwithstanding any
other provision of law, funds previously or herein made available to a
tribe or tribal organization through a contract, grant, or agreement
authorized
[[Page 133 STAT. 2734]]
by title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or a self-
governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation: Provided further, <<NOTE: Regulations. Budget
request.>> That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That with <<NOTE: Reimbursement.>> respect to functions
transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to provide goods
and services to those entities on a reimbursable basis, including
payments in advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited to the
same or subsequent appropriation account from which the funds were
originally derived, with such amounts to remain available until
expended: Provided further, <<NOTE: Reimbursements.>> That
reimbursements for training, technical assistance, or services provided
by the Indian Health Service will contain total costs, including direct,
administrative, and overhead costs associated with the provision of
goods, services, or technical assistance: Provided further, That the
Indian Health Service may provide to civilian medical personnel serving
in hospitals operated by the Indian Health Service housing allowances
equivalent to those that would be provided to members of the
Commissioned Corps of the United States Public Health Service serving in
similar positions at such hospitals: Provided
further, <<NOTE: Notification.>> That the appropriation structure for
the Indian Health Service may not be altered without advance
notification to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $81,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $76,691,000: Provided,
[[Page 133 STAT. 2735]]
That notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2020, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception and representation expenses,
$2,994,000: <<NOTE: Appointment. President.>> Provided, That
notwithstanding section 202 of the National Environmental Policy Act of
1970, the Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate, serving as
chairman and exercising all powers, functions, and duties of the
Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376, $12,000,000:
Provided, <<NOTE: Career positions.>> That the Chemical Safety and
Hazard Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, <<NOTE: 5 USC
app. 8G note.>> That notwithstanding any other provision of law, the
individual appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of such
appointment, also hold the position of Inspector General of the Board:
Provided <<NOTE: 5 USC app. 8G note.>> further, That notwithstanding any
other provision of law, the Inspector General of the Board shall utilize
personnel of the Office of Inspector General of EPA in performing the
duties of the Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
[[Page 133 STAT. 2736]]
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,500,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one
new or replacement home: <<NOTE: Relocation.>> Provided further, That
the Office shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo reservation or
selected a replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88 Stat.
1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $10,458,000, which shall
become available on July 1, 2020, and shall remain available until
September 30, 2021.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $793,658,000, to remain available until September 30, 2021,
except as otherwise provided herein; of which not to exceed $6,908,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, and the repatriation of skeletal remains program shall
remain available until expended; and including such funds as may be
necessary to support American overseas research centers: Provided, That
funds appropriated herein are available for advance
[[Page 133 STAT. 2737]]
payments to independent contractors performing research services or
participating in official Smithsonian presentations: Provided further,
That <<NOTE: District of Columbia.>> the Smithsonian Institution may
expend Federal appropriations designated in this Act for lease or rent
payments, as rent payable to the Smithsonian Institution, and such rent
payments may be deposited into the general trust funds of the
Institution to be available as trust funds for expenses associated with
the purchase of a portion of the building at 600 Maryland Avenue, S.W.,
Washington, D.C. to the extent that Federally supported activities will
be housed there: Provided further, That the use of such amounts in the
general trust funds of the Institution for such purpose shall not be
construed as Federal debt service for, a Federal guarantee of, a
transfer of risk to, or an obligation of the Federal Government:
Provided further, <<NOTE: District of Columbia.>> That no appropriated
funds may be used directly to service debt which is incurred to finance
the costs of acquiring a portion of the building at 600 Maryland Avenue,
S.W., Washington, D.C., or of planning, designing, and constructing
improvements to such building: Provided further, That <<NOTE: Effective
date. Time period. Reports.>> any agreement entered into by the
Smithsonian Institution for the sale of its ownership interest, or any
portion thereof, in such building so acquired may not take effect until
the expiration of a 30 day period which begins on the date on which the
Secretary submits to the Committees on Appropriations of the House of
Representatives and Senate, the Committees on House Administration and
Transportation and Infrastructure of the House of Representatives, and
the Committee on Rules and Administration of the Senate a report, as
outlined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), on the intended
sale.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), and for construction, including necessary personnel,
$253,700,000, to remain available until expended, of which not to exceed
$10,000 shall be for services as authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
[[Page 133 STAT. 2738]]
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $147,022,000,
to remain available until September 30, 2021, of which not to exceed
$3,660,000 for the special exhibition program shall remain available
until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease agreements
of no more than 10 years, with no extensions or renewals beyond the 10
years, that address space needs created by the ongoing renovations in
the Master Facilities Plan, as authorized, $26,203,000, to remain
available until expended: Provided, That of this amount, $1,000,000
shall be available for design of an off-site art storage facility in
partnership with the Smithsonian Institution: Provided further, That
contracts awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded on the basis
of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $25,690,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $17,800,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $14,000,000, to
remain available until September 30, 2021.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $162,250,000 shall
[[Page 133 STAT. 2739]]
be available to the National Endowment for the Arts for the support of
projects and productions in the arts, including arts education and
public outreach activities, through assistance to organizations and
individuals pursuant to section 5 of the Act, for program support, and
for administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $162,250,000 to remain available
until expended, of which $147,750,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $14,500,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $12,500,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to $10,000,
if in the aggregate the amount of such grants does not exceed 5 percent
of the sums appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to the terms
of an expressed and direct delegation of authority from the National
Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,240,000: Provided, That the Commission
is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork, drawings
and artifacts, that pertain to the history and design
[[Page 133 STAT. 2740]]
of the Nation's Capital or the history and activities of the Commission
of Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and representation
expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956a), $5,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $7,378,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,124,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with hosting
international visitors engaged in the planning and physical development
of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $60,388,000, of which $715,000
shall remain available until September 30, 2022, for the Museum's
equipment replacement program; and of which $2,000,000 for the Museum's
repair and rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333), in
an amount not to exceed $10,000,000.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
[[Page 133 STAT. 2741]]
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial Commission
Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000,
to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), for
necessary expenses of the World War I Centennial Commission, $7,000,000,
to remain available until September 30, 2021: Provided, That in
addition to the authority provided by section 6(g) of such Act, the
World War I Commission may accept money, in-kind personnel services,
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
alyce spotted bear and walter soboleff commission on native children
(including transfer of funds)
For necessary expenses of the Alyce Spotted Bear and Walter Soboleff
Commission on Native Children (referred to in this paragraph as the
``Commission''), $500,000, to remain available until September 30, 2021:
Provided, That amounts made available to the Commission under the
heading ``Department of the Interior--Departmental Operations--Office of
the Secretary--Departmental Operations'' in division E of the
Consolidated Appropriations Act, 2019 (Public Law 116-6) may be
transferred to or merged with such amounts: Provided further, That in
addition to the authority provided by section 3(g)(5) and 3(h) of Public
Law 114-244, the Commission may hereafter accept in-kind personnel
services, contractual support, or any appropriate support from any
executive branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. <<NOTE: Lobbying.>> No part of any appropriation
contained in this Act shall be available for any activity or the
publication or distribution of literature that in any way tends to
promote public support or opposition to any legislative proposal on
which Congressional action is not complete other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
[[Page 133 STAT. 2742]]
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. <<NOTE: Budget estimates.>> The amount and basis of
estimated overhead charges, deductions, reserves or holdbacks, including
working capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide, departmental,
agency, or bureau administrative functions or headquarters, regional, or
central operations shall be presented in annual budget justifications
and subject to approval by the Committees on Appropriations of the House
of Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. <<NOTE: Patents and trademarks.>> (a) Limitation of
Funds.--None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim located
under the general mining laws.
(b) <<NOTE: Determination.>> Exceptions.--Subsection (a) shall not
apply if the Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for
vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
(c) Report.--On September 30, 2021, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
[[Page 133 STAT. 2743]]
contract support costs, prior year limitation
Sec. 405. <<NOTE: Extension.>> Sections 405 and 406 of division F
of the Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year 2020.
contract support costs, fiscal year 2020 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2020 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2020 with
the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian
Health Service: Provided, That such amounts provided by this Act are
not available for payment of claims for contract support costs for prior
years, or for repayments of payments for settlements or judgments
awarding contract support costs for prior years.
forest management plans
Sec. 407. <<NOTE: 16 USC 1604 note.>> The Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other requirement
of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C.
1600 et seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where such
activities are allowed under the Presidential proclamation establishing
such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the
[[Page 133 STAT. 2744]]
Everglades National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of Florida to
acquire lands for Everglades restoration purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment
of this Act.
posting of reports
Sec. 411. <<NOTE: Web posting. Public information. 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 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.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) <<NOTE: Procedures.>> The Chairperson shall establish
procedures to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency, or regional
group, may be used to make a grant to any other organization or
individual to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
[[Page 133 STAT. 2745]]
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) <<NOTE: Definitions.>> In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) <<NOTE: Reports.>> the Chairperson shall report to the
Congress annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of such Act;
and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. <<NOTE: Reports.>> The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the Indian
Health Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status of
balances of appropriations including all uncommitted, committed, and
unobligated funds in each program and activity within 60 days of
enactment of this Act.
[[Page 133 STAT. 2746]]
alyce spotted bear and walter soboleff commission on native children
Sec. 415. Section 3(a) of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children Act (Public Law 114-244)
is <<NOTE: 130 Stat. 981.>> amended by striking ``in the Office of
Tribal Justice of the Department of Justice.''.
forest service communications site administration
Sec. 416. Subsection (f) of section 8705 of the Agriculture
Improvement Act of 2018 (Public Law 115-334) <<NOTE: 43 USC 1761a.>> is
amended by striking paragraph (2) and inserting the following:
``(2) Requirements for fees collected.--Fees collected by
the Forest Service under subsection (c)(3) shall be--
``(A) collected only to the extent provided in
advance in appropriations Acts;
``(B) based on the costs described in subsection
(c)(3); and
``(C) competitively neutral, technology neutral, and
nondiscriminatory with respect to other users of the
communications site.''.
extension of grazing permits
Sec. 417. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest
Service on any lands not subject to administration under section 402 of
the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall
remain in effect for fiscal year 2020.
funding prohibition
Sec. 418. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
humane transfer and treatment of animals
Sec. 419. <<NOTE: Wild horses and burros.>> (a) Notwithstanding any
other provision of law, the Secretary of the Interior, with respect to
land administered by the Bureau of Land Management, or the Secretary of
Agriculture, with respect to land administered by the Forest Service
(referred to in this section as the ``Secretary concerned''), may
transfer excess wild horses and burros that have been removed from land
administered by the Secretary concerned to other Federal, State, and
local government agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection (a)
immediately on the request of a Federal, State, or local government
agency.
(c) An excess wild horse or burro transferred under subsection (a)
shall lose status as a wild free-roaming horse or burro (as defined in
section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
[[Page 133 STAT. 2747]]
(d) A Federal, State, or local government agency receiving an excess
wild horse or burro pursuant to subsection (a) shall not--
(1) destroy the horse or burro in a manner that results in
the destruction of the horse or burro into a commercial product;
(2) sell or otherwise transfer the horse or burro in a
manner that results in the destruction of the horse or burro for
processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available for--
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary concerned
(including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 420. <<NOTE: Applicability. 6 USC 580d note.>> Section 503(f)
of Public Law 109-54 (16 U.S.C. 580d note) shall be applied by
substituting ``September 30, 2020'' for ``September 30, 2019''.
use of american iron and steel
Sec. 421. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) <<NOTE: Definition.>> In this section, the term ``iron and
steel'' products means the following products made primarily of iron or
steel: lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast concrete, and
construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) <<NOTE: Public information. Records. Time period.>> If the
Administrator receives a request for a waiver under this section, the
Administrator shall make available to the public on an informal basis a
copy of the request and information available to the Administrator
concerning the request, and shall allow for
[[Page 133 STAT. 2748]]
informal public input on the request for at least 15 days prior to
making a finding based on the request. <<NOTE: Web posting.>> The
Administrator shall make the request and accompanying information
available by electronic means, including on the official public Internet
Web site of the Environmental Protection Agency.
(d) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this section.
rescission of funds
Sec. 422. Any amounts made available for fiscal year 2020 pursuant
to section 8705(f)(2) of Public Law 115-334 as amended by this Act, are
hereby rescinded.
john f. kennedy center reauthorization
Sec. 423. Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance, Repair, and Security.--There is authorized to be
appropriated to the Board to carry out section 4(a)(1)(H), $25,690,000
for fiscal year 2020.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$17,800,000 for fiscal year 2020.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 424. <<NOTE: Grants.>> The Secretary of the Interior is
authorized to enter into grants and cooperative agreements with
volunteer fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide for
wildland fire training and equipment, including supplies and
communication devices. Notwithstanding 121(c) of title 40, United States
Code, or section 521 of title 40, United States Code, the Secretary is
further authorized to transfer title to excess Department of the
Interior firefighting equipment no longer needed to carry out the
functions of the Department's wildland fire management program to such
organizations.
recreation fees
Sec. 425. <<NOTE: Applicability. 16 USC 6809 note.>> Section 810
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall
be applied by substituting ``October 1, 2021'' for ``September 30,
2019''.
reprogramming guidelines
Sec. 426. <<NOTE: Advance approval.>> None of the funds made
available in this Act, in this and prior fiscal years, may be
reprogrammed without the
[[Page 133 STAT. 2749]]
advance approval of the House and Senate Committees on Appropriations in
accordance with the reprogramming procedures contained in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
project information
Sec. 427. <<NOTE: Deadline. Lists.>> (a) Within 60 days of the
submission of the fiscal year 2021 budget or by April 1, 2020, whichever
comes first, the Secretary of the Interior and the Secretary of
Agriculture shall submit to the Committees on Appropriations of the
House of Representatives and the Senate prioritized and detailed lists
of Federal land acquisition projects, and Forest Legacy projects, that
have been identified by each land management Agency.
(b) The Federal land acquisition project lists required by each
Agency in subsection (a) shall include individual projects for the
National Park Service, the U.S. Fish and Wildlife Service, the Bureau of
Land Management, and the U.S. Forest Service, and shall total for each
agency no less than 150 percent of the amount enacted for that agency
for the previous fiscal year.
local contractors
Sec. 428. <<NOTE: Applicability.>> Section 412 of Division E of
Public Law 112-74 shall be applied by substituting ``fiscal year 2020''
for ``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 429. <<NOTE: Applicability.>> Section 422 of division F of
Public Law 110-161 (121 Stat 1844), as amended, shall be applied by
substituting ``fiscal year 2020'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 430. <<NOTE: 16 USC 565a-1 note.>> Section 426 of division G
of Public Law 113-76 (16 U.S.C. 565a-1 note) shall be applied by
substituting ``September 30, 2020'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 431. <<NOTE: Applicability.>> The authority provided by the
19th unnumbered paragraph under heading ``Administrative Provisions,
Forest Service'' in title III of Public Law 109-54, as amended, shall be
applied by substituting ``fiscal year 2020'' for ``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 432. <<NOTE: Applicability. 16 USC 528 note.>> Section 339 of
the Department of the Interior and Related Agencies Appropriations Act,
2000 (as enacted into law by Public Law 106-113; 16 U.S.C. 528 note), as
amended by section 335(6) of Public Law 108-108 and section 432 of
Public Law 113-76, shall be applied by substituting ``fiscal year 2020''
for ``fiscal year 2019''.
[[Page 133 STAT. 2750]]
alaska native regional health entities authorization extension
Sec. 433. <<NOTE: Applicability.>> Section 424(a) of the
Consolidated Appropriations Act, 2014 (Public Law 113-76), as amended by
section 428 of the Consolidated Appropriations Act, 2018 (Public Law
115-141), shall be applied by substituting ``October 1, 2020'' for
``October 1, 2019''.
chesapeake bay initiative
Sec. 434. <<NOTE: Applicability.>> Section 502(c) of the
Chesapeake Bay Initiative Act of 1998 (Public Law 105-312; 54 U.S.C.
320101 note) shall be applied by substituting ``fiscal year 2020'' for
``fiscal year 2019''.
forest service budget restructure
Sec. 435. (a) <<NOTE: Deadlines. 16 USC 579e.>> The Secretary of
Agriculture shall establish the ``Forest Service Operations'' account
not later than October 1, 2020, for the necessary expenses of the Forest
Service: (1) for the base salary and expenses of employees in the
Chief's Office, the Work Environment and Performance Office, the
Business Operations Deputy Area, and the Chief Financial Officer's
Office to carry out administrative and general management support
functions; (2) for the costs of facility maintenance, repairs, and
leases for buildings and sites; (3) for the costs of utility and
communication expenses, business services, and information technology,
including cybersecurity requirements; and (4) for such other
administrative support function expenses necessary for the operation of
the Forest Service.
(b) Subsequent to the establishment of the account under subsection
(a), the Secretary of Agriculture may execute appropriations of the
Department for fiscal year 2021 as provided pursuant to such subsection,
including any continuing appropriations made available for fiscal year
2021 before enactment of a regular appropriations Act.
(c) <<NOTE: Notification.>> Notwithstanding any other provision of
law, the Secretary of Agriculture may transfer any unobligated balances
made available to the Forest Service by this or prior appropriations
Acts to the account established under subsection (a) to carry out such
subsection, and shall notify the Committees on Appropriations of the
Senate and the House of Representatives within 5 days of such transfer:
Provided, That no amounts may be transferred from amounts that were made
available for wildfire suppression operations pursuant to section
251(b)(2)(F) of the Balanced Budget and Emergency Deficit Control Act of
1985.
(d)(1) <<NOTE: Transfer authority. Reports.>> Not later than
November 1, 2020, the Secretary of Agriculture shall establish the
preliminary baseline for application of transfer authorities and submit
the report specified in paragraph (2) to the Committees on
Appropriations for the Senate and the House of Representatives.
(2) The report required in this subsection shall include--
(A) a delineation of the amount and account of each
transfer made pursuant to subsection (b) or (c);
(B) a table for each appropriation with a separate
column to display the fiscal year 2020 enacted levels,
adjustments made by Congress, adjustments due to enacted
rescissions, if appropriate, and adjustments made
pursuant
[[Page 133 STAT. 2751]]
to the transfer authority in subsection (b) or (c), and
the resulting fiscal year level;
(C) a delineation in the table for each
appropriation, adjusted as described in paragraph (2),
both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and
(D) an identification of funds directed for a
specific activity.
timber sale requirements
Sec. 436. <<NOTE: Alaska.>> No timber sale in Alaska's Region 10
shall be advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and stumpage
costs and provide a normal profit and risk allowance under the Forest
Service's appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which is
surplus to the needs of the domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic processors may be
exported to foreign markets at the election of the timber sale holder.
All Alaska yellow cedar may be sold at prevailing export prices at the
election of the timber sale holder.
prohibition on use of funds
Sec. 437. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of permits
under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
dioxide, nitrous oxide, water vapor, or methane emissions resulting from
biological processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 438. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 439. None of the funds made available by this or any other Act
may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) or any other law.
policies relating to biomass energy
Sec. 440. To support the key role that forests in the United States
can play in addressing the energy needs of the United States, the
Secretary of Energy, the Secretary of Agriculture, and the Administrator
of the Environmental Protection Agency shall, consistent with their
missions, jointly--
[[Page 133 STAT. 2752]]
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of
forest biomass for energy, conservation, and responsible
forest management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies that--
(A) reflect the carbon-neutrality of forest
bioenergy and recognize biomass as a renewable energy
source, provided the use of forest biomass for energy
production does not cause conversion of forests to non-
forest use;
(B) encourage private investment throughout the
forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use
forest biomass.
small remote incinerators
Sec. 441. <<NOTE: Regulations. Alaska.>> None of the funds made
available in this Act may be used to implement or enforce the regulation
issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as ``small,
remote incinerator'' units in those regulations and, until a subsequent
regulation is issued, the Administrator shall implement the law and
regulations in effect prior to such date.
chaco canyon
Sec. 442. None of the funds made available by this Act may be used
to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
seq, or to offer for oil and gas leasing, any Federal lands within the
withdrawal area identified on the map of the Chaco Culture National
Historical Park prepared by the Bureau of Land Management and dated
April 2, 2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
david r. obey northern great lakes visitor center
Sec. 443. <<NOTE: Wisconsin.>> (a) Designation.--The Northern Great
Lakes Visitor Center located in Ashland, Wisconsin, the title to which
is owned by the Forest Service, shall be known and designated as the
``David R. Obey Northern Great Lakes Visitor Center''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``David R.
Obey Northern Great Lakes Visitor Center''.
[[Page 133 STAT. 2753]]
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2020''.
DIVISION E-- <<NOTE: Legislative Branch Appropriations Act, 2020. 2 USC
60a note.>> LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the President
Pro Tempore of the Senate, $37,520; Majority Leader of the Senate,
$39,920; Minority Leader of the Senate, $39,920; Majority Whip of the
Senate, $9,980; Minority Whip of the Senate, $9,980; President Pro
Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $4,690 for each Chairman; in
all, $189,840.
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $216,321,170, which shall be paid
from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,533,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $759,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $326,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,506,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,525,000.
committee on appropriations
For salaries of the Committee on Appropriations, $15,793,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
[[Page 133 STAT. 2754]]
of each such committee, $1,738,000 for each such committee; in all,
$3,476,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $862,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,776,000 for each such committee; in all,
$3,552,000.
office of the chaplain
For Office of the Chaplain, $510,000.
office of the secretary
For Office of the Secretary, $26,818,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $85,867,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,940,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $64,854,170.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,397,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,197,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the
Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
[[Page 133 STAT. 2755]]
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of the
Senate, section 112 of the Supplemental Appropriations and Rescission
Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress,
agreed to March 11, 1980, $133,265,000, of which $26,650,000 shall
remain available until September 30, 2022.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$14,536,000 of which $11,436,000 shall remain available until September
30, 2024 and of which $3,100,000 shall remain available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $128,753,000, which shall remain available until September
30, 2024.
miscellaneous items
For miscellaneous items, $18,871,410 which shall remain available
until September 30, 2022.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$449,000,000 of which $20,128,950 shall remain available until September
30, 2022 and of which $6,000,000 shall be allocated solely for the
purpose of providing financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provision
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal
[[Page 133 STAT. 2756]]
year or fiscal years for which such amounts are made available. Any
unexpended balances under such allowances remaining after the end of the
period of availability shall be returned to the Treasury in accordance
with the undesignated paragraph under the center heading ``GENERAL
PROVISION'' under chapter XI of the Third Supplemental Appropriation
Act, 1957 (2 U.S.C. 4107) and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,370,725,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $28,884,000,
including: Office of the Speaker, $8,295,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,947,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $8,295,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $2,448,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $2,219,000,
including $5,000 for official expenses of the Minority Whip; Republican
Conference, $2,340,000; Democratic Caucus, $2,340,000: Provided, That
such amount for salaries and expenses shall remain available from
January 3, 2020 until January 2, 2021.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $615,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the Legislative
Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation of
interns who serve in the offices of Members of the House of
Representatives, $11,025,000, to remain available through December 31,
2020: Provided, That notwithstanding section 120(b) of such Act, an
office of a Member of the House of Representatives may use not more than
$25,000 of the allowance available under this heading during calendar
year 2020.
[[Page 133 STAT. 2757]]
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of this Act for the
compensation of interns who serve in House leadership offices, $365,000,
to remain available through December 31, 2020: Provided, That of the
amount provided under this heading, $200,000 shall be available for the
compensation of interns who serve in House leadership offices of the
majority, to be allocated among such offices by the Speaker of the House
of Representatives, and $165,000 shall be available for the compensation
of interns who serve in House leadership offices of the minority, to be
allocated among such offices by the Minority Floor Leader.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $135,359,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2020, except that $2,850,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$24,269,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2020.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $231,903,000, including: for salaries and expenses of
the Office of the Clerk, including the positions of the Chaplain and the
Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000 is
for the Family Room and not more than $2,000 is for the Office of the
Chaplain, $30,766,000, of which $1,500,000 shall remain available until
expended; for salaries and expenses of the Office of the Sergeant at
Arms, including the position of Superintendent of Garages and the Office
of Emergency Management, and including not more than $3,000 for official
representation and reception expenses, $20,225,000, of which $10,267,000
shall remain available until expended; for salaries and expenses of the
Office of the Chief Administrative Officer including not more than
$3,000 for official representation and reception expenses, $153,550,000,
of which $11,639,000 shall remain available until expended; for salaries
and expenses of the Office of Diversity and Inclusion, $1,000,000; for
salaries and expenses of the Office of the Whistleblower Ombudsman,
$750,000; for salaries and expenses of the Office of the Inspector
General, $5,019,000; for
[[Page 133 STAT. 2758]]
salaries and expenses of the Office of General Counsel, $1,751,000; for
salaries and expenses of the Office of the Parliamentarian, including
the Parliamentarian, $2,000 for preparing the Digest of Rules, and not
more than $1,000 for official representation and reception expenses,
$2,088,000; for salaries and expenses of the Office of the Law Revision
Counsel of the House, $3,419,000; for salaries and expenses of the
Office of the Legislative Counsel of the House, $11,937,000; for
salaries and expenses of the Office of Interparliamentary Affairs,
$814,000; for other authorized employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $323,920,000, including: supplies, materials, administrative costs
and Federal tort claims, $1,526,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $294,377,000, to remain available
until March 31, 2021; salaries and expenses for Business Continuity and
Disaster Recovery, $17,668,000, of which $5,000,000 shall remain
available until expended; transition activities for new members and
staff, $4,489,000, to remain available until expended; Wounded Warrior
Program and the Congressional Gold Star Family Fellowship Program,
$3,000,000, to remain available until expended; Office of Congressional
Ethics, $1,670,000; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor vehicles,
interparliamentary receptions, and gratuities to heirs of deceased
employees of the House, $1,000,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2020. Any amount remaining after all
payments are made under such allowances for fiscal year 2020 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) <<NOTE: Regulations.>> The Committee on House Administration of
the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) <<NOTE: Definition.>> As used in this section, the term ``Member
of the House of Representatives'' means a Representative in, or a
Delegate or Resident Commissioner to, the Congress.
[[Page 133 STAT. 2759]]
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an aggregate
amount that exceeds $1,000 for the vehicle in any month.
allowance for compensation of interns in member offices
Sec. 112. (a) Section 120(f) of the Legislative Branch
Appropriations Act, 2019 (2 U.S.C. 5322a(f)) is amended by striking the
period at the end and inserting the following: ``, and such sums as may
be necessary for fiscal year 2020 and each succeeding fiscal year.''.
(b) Section 101(c)(2) of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 5507(c)(2)) is amended by striking ``and `Office of the
Attending Physician'.'' and inserting `` `Office of the Attending
Physician', and `Allowance for Compensation of Interns in Member
Offices'.''.
(c) <<NOTE: 2 USC 5322a note.>> The amendments made by this section
shall take effect as if included in the enactment of section 120 of the
Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a).
allowance for compensation of interns in house leadership offices
Sec. 113. <<NOTE: 2 USC 5106.>> (a) There is established for the
House of Representatives an allowance which shall be available for the
compensation of interns who serve in House leadership offices.
(b) <<NOTE: Applicability.>> Section 104(b) of the House of
Representatives Administrative Reform Technical Corrections Act (2
U.S.C. 5321(b)) shall apply with respect to an intern who is compensated
under the allowance under this section in the same manner as such
section applies with respect to an intern who is compensated under the
Members' Representational Allowance.
(c) <<NOTE: Definitions.>> In this section--
(1) the term ``House leadership office'' means, with respect
to a fiscal year, any office for which the appropriation for
salaries and expenses of the office for the fiscal year is
provided under the heading ``House Leadership Offices'' in the
Act making appropriations for the Legislative Branch for the
fiscal year; and
(2) term ``intern'', with respect to a House leadership
office, has the meaning given such term with respect to a Member
of the House of Representatives in section 104(c)(2) of the
House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5321(c)(2)).
(d) There are authorized to be appropriated to carry out this
section such sums as may be necessary for fiscal year 2020 and each
succeeding fiscal year.
(e) Section 101(c)(2) of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 5507(c)(2)), as amended by section 112(b), is further
amended by striking ``, and `Allowance for Compensation of Interns in
Member Offices'.'' and inserting ``, `Allowance for Compensation of
Interns in Member Offices', and `Allowance for Compensation of Interns
in House Leadership Offices'.''.
[[Page 133 STAT. 2760]]
(f) <<NOTE: Applicability.>> This section and the amendments made
by this section shall apply with respect to fiscal year 2020 and each
succeeding fiscal year.
cybersecurity assistance for house of representatives
Sec. 114. The head of any Federal entity that provides assistance
to the House of Representatives in the House's efforts to deter,
prevent, mitigate, or remediate cybersecurity risks to, and incidents
involving, the information systems of the House shall take all necessary
steps to ensure the constitutional integrity of the separate branches of
the government at all stages of providing the assistance, including
applying minimization procedures to limit the spread or sharing of
privileged House and Member information.
rescissions of funds
Sec. 115. (a) Of the unobligated balances available from prior
appropriations Acts from the revolving fund established under House
Resolution 94, Ninety-Eighth Congress, agreed to February 8, 1983, as
enacted into permanent law by section 110 of the Congressional
Operations Appropriations Act, 1984 (2 U.S.C. 4917), $1,000,000 is
hereby rescinded.
(b) Of the unobligated balances available from prior appropriations
Acts from the revolving fund established in the item relating to
``Stationery'' under the heading ``House of Representatives, Contingent
Expenses of the House'' in the first section of the Legislative Branch
Appropriation Act, 1948 (2 U.S.C. 5534), $4,000,000 is hereby rescinded.
use of available balances of expired appropriations
(including transfer of funds)
Sec. 116. (a) <<NOTE: 2 USC 5512.>> Subject to section 119 of the
Legislative Branch Appropriations Act, 2018 (2 U.S.C. 5511), available
balances of expired appropriations for the House of Representatives
shall be available to the House of Representatives--
(1) for the payment of a death gratuity which is
specifically appropriated by law and which is made in connection
with the death of an employee of the House of Representatives,
without regard to the fiscal year in which the payment is made;
and
(2) for deposit into the account established under section
109 of the Legislative Branch Appropriations Act, 1998 (2 U.S.C.
5508) for making payments of the House of Representatives to the
Employees' Compensation Fund under section 8147 of title 5,
United States Code, and for reimbursing the Secretary of Labor
for any amounts paid with respect to unemployment compensation
payments for former employees of the House.
(b) <<NOTE: Applicability.>> This section shall apply with respect
to funds appropriated or otherwise made available in fiscal year 2020
and each succeeding fiscal year.
[[Page 133 STAT. 2761]]
reduction in amount of tuition charged for children of employees of
house child care center
Sec. 117. (a) Section 312(d) of the Legislative Branch
Appropriations Act, 1992 (2 U.S.C. 2062(d)) is amended by adding at the
end the following new paragraph:
``(4) In the case of a child of an employee of the center
who is furnished care at the center, the Chief Administrative
Officer shall reduce the amount of tuition otherwise charged
with respect to such child during a month by the greater of--
``(A) 50 percent; or
``(B) such percentage as may be necessary to ensure
that the total amount of tuition paid by the employee
with respect to all children of the employee who are
furnished care at the center during the month does not
exceed $1,000.''.
(b) Section 312(d)(2) of such Act (2 U.S.C. 2062(d)(2)) is amended
by inserting after ``similar benefits and programs'' the following:
``(including the subsidies provided on behalf of employees of the center
as a result of reductions in the amount of tuition otherwise charged
with respect to children of such employees under paragraph (4))''.
(c) <<NOTE: Applicability. 2 USC 2062 note.>> The amendments made by
this section shall apply with respect to fiscal year 2020 and each
succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2021
For salaries and expenses associated with conducting the inaugural
ceremonies of the President and Vice President of the United States,
January 20, 2021, in accordance with such program as may be adopted by
the joint congressional committee authorized to conduct the inaugural
ceremonies of 2021, $1,500,000 to be disbursed by the Secretary of the
Senate and to remain available until September 30, 2021: Provided, That
funds made available under this heading shall be available for payment,
on a direct or reimbursable basis, whether incurred on, before, or
after, October 1, 2020: Provided further, That the compensation of any
employee of the Committee on Rules and Administration of the Senate who
has been designated to perform service with respect to the inaugural
ceremonies of 2021 shall continue to be paid by the Committee on Rules
and Administration, but the account from which such staff member is paid
may be reimbursed for the services of the staff member out of funds made
available under this heading: Provided further, That there are
authorized to be paid from the appropriations account for ``Expenses of
Inquiries and Investigations'' of the Senate such sums as may be
necessary, without
[[Page 133 STAT. 2762]]
fiscal year limitation, for agency contributions related to the
compensation of employees of the joint congressional committee.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$11,563,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) <<NOTE: Reimbursement.>> $2,800,000 for reimbursement to
the Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,868,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,509,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
<<NOTE: Notification.>> For salaries of employees of the Capitol
Police, including overtime, hazardous duty pay, and Government
contributions for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$379,062,000 of which overtime shall not exceed $47,048,000 unless the
Committee on Appropriations of the House and Senate are notified, to be
disbursed by the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training,
[[Page 133 STAT. 2763]]
medical services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $85,279,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2020 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provision
Sec. 120. Section 908(c) of the Emergency Supplemental Act, 2002 (2
U.S.C. 1926(c)), is amended by striking ``$40,000'' and inserting
``$60,000''.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the Office
of Congressional Workplace Rights, $6,333,000, of which $1,000,000 shall
remain available until September 30, 2021, and of which not more than
$1,000 may be expended on the certification of the Executive Director in
connection with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $54,941,000: Provided, That the Director shall use not less
than $500,000 of the amount made available under this heading for (1)
improving technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to Members
of Congress, employees of Members of Congress, and the public, and (2)
to increase the availability of models, economic assumptions, and data
for Members of Congress, employees of Members of Congress, and the
public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
[[Page 133 STAT. 2764]]
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation expenses,
to be expended as the Architect of the Capitol may approve; for purchase
or exchange, maintenance, and operation of a passenger motor vehicle,
$120,000,000.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $68,878,000, of which $40,899,000 shall remain available
until September 30, 2024.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $15,024,000, of which $3,000,000 shall remain
available until September 30, 2024.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$88,424,000, of which $23,100,000 shall remain available until September
30, 2024.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $153,273,000, of which $30,300,000 shall
remain available until September 30, 2024, and of which $62,000,000
shall remain available until expended for the restoration and renovation
of the Cannon House Office Building: Provided, That of the amount made
available under this heading, $8,000,000 shall be derived by transfer
from the House Office Building Fund established under section 176(d) of
the Continuing Appropriations Act, 2017, as added by section 101(3) of
the Further Continuing Appropriation Act, 2017 (Public Law 114-254; 2
U.S.C. 2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary
[[Page 133 STAT. 2765]]
Building and the Folger Shakespeare Library, expenses for which shall be
advanced or reimbursed upon request of the Architect of the Capitol and
amounts so received shall be deposited into the Treasury to the credit
of this appropriation, $98,957,000, of which $15,300,000 shall remain
available until September 30, 2024: Provided, That not more than
$10,000,000 of the funds credited or to be reimbursed to this
appropriation as herein provided shall be available for obligation
during fiscal year 2020.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$55,746,000, of which $25,200,000 shall remain available until September
30, 2024.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $55,216,000, of which
$28,000,000 shall remain available until September 30, 2024.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $16,094,000, of which $4,000,000 shall
remain available until September 30, 2024: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established under
section 307E of the Legislative Branch Appropriations Act, 1989 (2
U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or
a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $24,321,000.
Administrative Provision
no bonuses for contractors behind schedule or over budget
Sec. 130. <<NOTE: Determination.>> None of the funds made
available in this Act for the Architect of the Capitol may be used to
make incentive or award payments to contractors for work on contracts or
programs for which the contractor is behind schedule or over budget,
unless the Architect of the Capitol, or agency-employed designee,
determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program.
[[Page 133 STAT. 2766]]
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings;
information technology services provided centrally; special clothing;
cleaning, laundering and repair of uniforms; preservation of motion
pictures in the custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and distribution of
catalog records and other publications of the Library; hire or purchase
of one passenger motor vehicle; and expenses of the Library of Congress
Trust Fund Board not properly chargeable to the income of any trust fund
held by the Board, $504,164,000, of which not more than $6,000,000 shall
be derived from collections credited to this appropriation during fiscal
year 2020, and shall remain available until expended, under the Act of
June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150): Provided,
That the Library of Congress may not obligate or expend any funds
derived from collections under the Act of June 28, 1902, in excess of
the amount authorized for obligation or expenditure in appropriations
Acts: Provided further, That the total amount available for obligation
shall be reduced by the amount by which collections are less than
$6,000,000: Provided further, That of <<NOTE: Certification.>> the
total amount appropriated, not more than $18,000 may be expended, on the
certification of the Librarian of Congress, in connection with official
representation and reception expenses, including for the Overseas Field
Offices: Provided further, That of the total amount appropriated,
$9,110,000 shall remain available until expended for the digital
collections and educational curricula program: Provided further, That
of the total amount appropriated, $1,350,000 shall remain available
until expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total amount
appropriated, $250,000 shall remain available until expended for the
Surplus Books Program to promote the program and facilitate a greater
number of donations to eligible entities across the United States:
Provided further, That of the total amount appropriated, $3,587,000
shall remain available until expended for the Veterans History Project
to continue digitization efforts of already collected materials, reach a
greater number of veterans to record their stories, and promote public
access to the Project: Provided further, That of the total amount
appropriated, $10,000,000 shall remain available until expended for the
development of the Library's Visitor Experience project, and may be
obligated and expended only upon approval by the Subcommittee on the
Legislative Branch of the Committee on Appropriations of the House of
Representatives and by the Subcommittee on the Legislative Branch of the
Committee on Appropriations of the Senate.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $91,840,000, of
which not more than $43,221,000, to remain available until
[[Page 133 STAT. 2767]]
expended, shall be derived from collections credited to this
appropriation during fiscal year 2020 under sections 708(d) and 1316 of
title 17, United States Code: Provided, That the Copyright Office may
not obligate or expend any funds derived from collections under such
section in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That not more than $6,482,000
shall be derived from collections during fiscal year 2020 under sections
111(d)(2), 119(b)(3), 803(e), and 1005 of such title: Provided further,
That the total amount available for obligation shall be reduced by the
amount by which collections are less than $49,703,000: Provided
further, That of the funds provided under this heading, not less than
$17,100,000 is for modernization initiatives, of which $10,000,000 shall
remain available until September 30, 2021: Provided further, That not
more than $100,000 of the amount appropriated is available for the
maintenance of an ``International Copyright Institute'' in the Copyright
Office of the Library of Congress for the purpose of training nationals
of developing countries in intellectual property laws and policies:
Provided further, That not more than $6,500 may be expended, on the
certification of the Librarian of Congress, in connection with official
representation and reception expenses for activities of the
International Copyright Institute and for copyright delegations,
visitors, and seminars: Provided further, That, notwithstanding any
provision of chapter 8 of title 17, United States Code, any amounts made
available under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to sections 111, 119,
and chapter 10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with the
exception of the costs of salaries and benefits for the Copyright
Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $120,495,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public General
Bills), to be issued by the Library of Congress unless such publication
has obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee on Rules
and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That a
non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would be
made available on the CRS Congressional Intranet in the normal course of
business and does not include material prepared in response to
Congressional requests for confidential analysis or research.
[[Page 133 STAT. 2768]]
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $58,563,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2020, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $231,975,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$79,000,000: Provided, That this appropriation shall not be available
for paper copies of the permanent edition of the Congressional Record
for individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code: Provided
further, That this appropriation shall be available for the payment of
obligations incurred under the appropriations for similar purposes for
preceding fiscal years: Provided further, That <<NOTE: Time
periods.>> notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated or made
available under this Act or any other Act for printing and binding and
related services provided to Congress under chapter 7 of title 44,
United States Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date that such
document, report, or publication is authorized by Congress to be
printed, unless Congress reauthorizes such printing in accordance with
section 718 of title 44, United States Code: Provided
further, <<NOTE: Deadline. Time periods.>> That unobligated or
unexpended balances of expired discretionary funds made available under
this heading in this Act for this fiscal year may be transferred to, and
merged with, funds under the heading ``Government Publishing Office
Business Operations Revolving Fund'' no later than the end of the fifth
fiscal year after the last fiscal year for which such funds are
available for the purposes for which appropriated, to be available for
carrying out the purposes of this heading, subject to the approval of
the Committee on Appropriations of the House
[[Page 133 STAT. 2769]]
of Representatives and the Senate: Provided further, That
notwithstanding sections 901, 902, and 906 of title 44, United States
Code, this appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications in any format, and their
distribution to the public, Members of Congress, other Government
agencies, and designated depository and international exchange libraries
as authorized by law, $31,296,000: Provided, That amounts of not more
than $2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other related
publications for fiscal years 2018 and 2019 to depository and other
designated libraries: Provided further, <<NOTE: Deadline. Time
period.>> That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under the
heading ``Government Publishing Office Business Operations Revolving
Fund'' no later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the purposes for
which appropriated, to be available for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $6,704,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Publishing Office Business Operations Revolving Fund:
Provided further, That not <<NOTE: Certification.>> more than $7,500 may
be expended on the certification of the Director of the Government
Publishing Office in connection with official representation and
reception expenses: Provided further, That the Business Operations
Revolving Fund shall be available for the hire or purchase of not more
than 12 passenger motor vehicles: Provided further, That expenditures
in connection with travel expenses of the advisory councils to the
Director of the Government Publishing Office shall be deemed necessary
to carry out the provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be available
for temporary or intermittent services under section
[[Page 133 STAT. 2770]]
3109(b) of title 5, United States Code, but at rates for individuals not
more than the daily equivalent of the annual rate of basic pay for level
V of the Executive Schedule under section 5316 of such title: Provided
further, That activities financed through the Business Operations
Revolving Fund may provide information in any format: Provided further,
That the Business Operations Revolving Fund and the funds provided under
the heading ``Public Information Programs of the Superintendent of
Documents'' may not be used for contracted security services at
Government Publishing Office's passport facility in the District of
Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with official
representation and reception expenses; temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under section
5315 of such title; hire of one passenger motor vehicle; advance
payments in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable under
sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living quarters in
foreign countries, $630,000,000: Provided, That, in addition,
$24,800,000 of payments received under sections 782, 791, 3521, and 9105
of title 31, United States Code, shall be available without fiscal year
limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to the Forum
may be credited as reimbursements to any appropriation from which costs
involved are initially financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$5,900,000: Provided, <<NOTE: Russia.>> That funds made available to
support Russian participants shall only be used for those engaging in
free market development, humanitarian activities, and civic engagement,
and shall not be used for officials of the central government of Russia.
[[Page 133 STAT. 2771]]
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2020 unless expressly
so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation
of any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect thereto:
Provided, That the provisions in this Act for the various items of
official expenses of Members, officers, and committees of the Senate and
House of Representatives, and clerk hire for Senators and Members of the
House of Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, under section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating
[[Page 133 STAT. 2772]]
legislative branch entities (in such allocations among the entities as
the entities may determine) may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of Congress
and other offices of the House of Representatives and Senate, unless
through regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. <<NOTE: Huawei Technologies Company. ZTE
Corporation. Reviews.>> (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire telecommunications
equipment produced by Huawei Technologies Company, ZTE Corporation or a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology's (NIST) Federal Information Processing Standard Publication
199, ``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition
decisions for high-impact and moderate-impact information
systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) <<NOTE: Consultation. Assessment. Cyber
threats. China. Iran. North Korea. Russia.>> in consultation
with the Federal Bureau of Investigation or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People's
[[Page 133 STAT. 2773]]
Republic of China, the Islamic Republic of Iran, the Democratic
People's Republic of Korea, or the Russian Federation.
(b) <<NOTE: Determination.>> None of the funds appropriated or
otherwise made available under this Act may be used to acquire a high-
impact or moderate impact information system reviewed and assessed under
subsection (a) unless the head of the assessing entity described in
subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system is
in the vital national security interest of the United States;
and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate in
a manner that identifies the system intended for acquisition and
a detailed description of the mitigation strategies identified
in paragraph (1), provided that such report may include a
classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities or other official government activities.
plastic waste reduction
Sec. 210. All <<NOTE: Coordination. Consultation.>> agencies and
offices funded by this division that contract with a food service
provider or providers shall confer and coordinate with such food service
provider or providers, in consultation with disability advocacy groups,
to eliminate or reduce plastic waste, including waste from plastic
straws, explore the use of biodegradable items, and increase recycling
and composting opportunities.
adjustment to normal cost percentage rates
Sec. 211. Section 8423(a)(1)(B)(i) of title 5, United States Code,
is amended by inserting ``(including a separate normal-cost percentage
for Congressional employees that are members of the Capitol Police
covered under subsection (d) of section 8412 and subsection (c) of
section 8425)'' after ``Congressional employees''.
congressional staff compensation
Sec. 212. (a) Senate.--
(1) Change in maximum rates.--
(A) In general.--Section 105 of the Legislative
Branch Appropriation Act, 1968 (2 U.S.C. 4575) is
amended--
[[Page 133 STAT. 2774]]
(i) in subsection (d)(2), in the second
sentence, by striking ``or in excess'' and all
that follows through ``per annum.'' and inserting
``or in excess of $173,900.'';
(ii) in subsection (e)(3)(B), by striking ``in
excess of'' and all that follows and inserting
``in excess of $173,900.''; and
(iii) in subsection (f), in the first
sentence, by striking ``or in excess'' and all
that follows through ``unless expressly'' and
inserting ``or in excess of $173,900, unless
expressly''.
(B) <<NOTE: 2 USC 4575a.>> Authority for statutory
employees.--
(i) Fixed salary positions.--For any position
for which the Secretary of the Senate disburses
the pay for the position and for which the
specific amount of the rate of pay for the
particular position is fixed by statute on the day
before the effective date of the amendments made
by this section, on and after such effective date
the amount of the rate of pay for such position
shall be fixed by the President pro tempore in an
amount not to exceed the maximum rate of pay in
effect under section 105(f) of the Legislative
Branch Appropriation Act, 1968 (2 U.S.C. 4575(f)).
(ii) Positions with maximums.--For any
position for which the Secretary of the Senate
disburses the pay for the position and for which
the maximum rate of pay for the particular
position is fixed by statute on the day before the
effective date of the amendments made by this
section, on and after such effective date the
maximum rate of pay for such position shall be
fixed by the President pro tempore, which shall
not exceed the maximum rate of pay in effect under
section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).
(2) Adjustments.--
(A) In general.--Section 4 of the Federal Pay
Comparability Act of 1970 (2 U.S.C. 4571) is amended--
(i) in subsection (a)--
(I) in paragraph (1)--
(aa) in subparagraph (A), by
striking ``or'' at the end; and
(bb) by striking
subparagraph (B) and inserting
the following:
``(B) in the case of such personnel appointed to positions
for which the rates of pay for the particular positions were
fixed by or pursuant to law at specific rates on the day before
the effective date of the amendments made by section 212 of the
Legislative Branch Appropriations Act, 2020, adjust such rates;
and
``(C) in the case of such personnel appointed to positions
for which the maximum rates of pay for the particular positions
were fixed by or pursuant to law on the day before such
effective date, adjust such maximum rates; and''; and
(II) in the matter following
paragraph (2)--
(aa) by striking ``and with
such exceptions as may be
necessary to provide for
appropriate pay relationships
between positions''; and
[[Page 133 STAT. 2775]]
(bb) by striking ``to
restore'' and all that follows
through ``between positions.''
and inserting ``to maintain the
pay relationships that existed
on the effective date of the
amendments made by section 212
of the Legislative Branch
Appropriations Act, 2020 between
the maximum rate of pay for
Senate personnel and
Senators.''; and
(ii) in subsection (d), by striking ``to
restore'' and all that follows and inserting ``to
maintain the pay relationships that existed on the
effective date of the amendments made by section
212 of the Legislative Branch Appropriations Act,
2020 between the maximum rate of pay for Senate
personnel and Senators.''.
(B) Other adjustments.--Section 315(a) of the
Legislative Branch Appropriations Act, 1991 (2 U.S.C.
4573(a)) is amended by striking ``to the extent
necessary to maintain'' and all that follows and
inserting ``(including such personnel appointed to
positions for which the specific amount of the rate of
pay for the particular position is fixed by statute on
the day before the effective date of the amendments made
by section 212 of the Legislative Branch Appropriations
Act, 2020 and such personnel appointed to positions for
which the maximum rates of pay for the particular
positions were fixed by or pursuant to law on the day
before such effective date) to the extent necessary to
maintain the pay relationships that existed on such
effective date between the maximum rate of pay for
Senate personnel and Senators.''.
(3) Conforming amendments.--
(A) <<NOTE: Repeal.>> Section 105 of the
Legislative Branch Appropriation Act, 1976 (Public Law
94-59; 89 Stat. 275) <<NOTE: 2 USC 61h--61h-2, 61j, 273,
274 note, 4575 note, 6151 and note, 6531 and note, 6534-
6537 and note, 6591.>> is repealed.
(B) Section 201(a)(5)(A) of the Congressional Budget
Act of 1974 (2 U.S.C. 601(a)(5)(A)) is amended by
striking ``the lower of--'' and all that follows and
inserting ``the maximum rate of pay in effect under
section 105(f) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 4575(f)).''.
(C) Section 302(a)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1382(a)(2)(B)) is
amended by striking ``the lesser of--'' and all that
follows and inserting ``the maximum rate of pay in
effect under section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.
(D) The first section of the Act entitled ``An Act
to fix the annual rates of pay for the Architect of the
Capitol and the Assistant Architect of the Capitol'' (2
U.S.C. 1802) is amended to read as follows:
``SECTION 1. COMPENSATION.
``The compensation of the Architect of the Capitol shall be at an
annual rate which is equal to the maximum rate of pay in effect under
section 105(f) of the Legislative Branch Appropriation Act, 1968 (2
U.S.C. 4575(f)).''.
(E) Subsection (c) of the first section of the Act
entitled ``An Act to establish by law the position of
Chief of the Capitol Police, and for other purposes'' (2
U.S.C. 1902)
[[Page 133 STAT. 2776]]
is amended by striking ``the lower of'' and all that
follows and inserting ``the maximum rate of pay in
effect under section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.
(F) Senate Resolution 89, 100th Congress, agreed to
January 28, 1987, as enacted into law by section 9 of
the Legislative Branch Appropriations Act, 1990 (2
U.S.C. 6133), is amended in subsection (a) of the first
section by striking ``by the appropriate Leader'' and
all that follows and inserting ``by the appropriate
Leader.''.
(G) <<NOTE: Repeal.>> Section 2(a) of the
Legislative Branch Appropriations Act, 1988 (as enacted
into law by section 101(i) of Public Law 100-202 (101
Stat. 1329-290)) (2 U.S.C. 6651) is repealed.
(H) <<NOTE: Repeal.>> Section 203(g) of the Federal
Legislative Salary Act of 1964 (Public Law 88-426; 78
Stat. 415) <<NOTE: 2 USC 273, 6531, 6591.>> is
repealed.
(I) Section 701 of the Ethics in Government Act of
1978 (2 U.S.C. 288) is amended--
(i) by striking paragraph (4) of subsection
(a); and
(ii) in subsection (b)(1), by striking the
second sentence.
(b) House of Representatives.--
(1) Adjustments by speaker of the house.--Section 311(d) of
the Legislative Branch Appropriations Act, 1988 (as enacted into
law by section 101(i) of Public Law 100-202 (101 Stat. 1329-
290)) (2 U.S.C. 4532) is amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(C) the maintenance of the pay relationship described in
paragraph (3).'';
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) The pay relationship described in this paragraph is the
relationship in existence as of the effective date of the amendments
made by section 212 of the Legislative Branch Appropriations Act, 2020
between--
``(A) an annual rate of pay of $173,900; and
``(B) the annual rate of pay of a Member of the House of
Representatives who is not the Speaker, Majority Leader, or
Minority Leader of the House.''.
(2) Pay adjustments by chief administrative officer.--
Section 4(e) of the Federal Pay Comparability Act of 1970 (2
U.S.C. 4531(e)) is amended to read as follows:
``(e) No rate of pay for any position shall be adjusted under this
section to an amount in excess of the rate of pay in effect for such
position under an order issued by the Speaker of the House of
Representatives pursuant to the authority of section 311(d) of the
Legislative Branch Appropriations Act, 1988 (2 U.S.C. 4532).''.
(3) Certain positions of the house of representatives.--
[[Page 133 STAT. 2777]]
(A) Legislative counsel.--Section 523 of the
Legislative Reorganization Act of 1970 (2 U.S.C. 282b)
is amended--
(i) in subsection (a), by striking ``equal to
the rate of basic pay'' and all that follows and
inserting ``equal to the greater of $173,900 or
the rate of pay in effect for such position under
an order issued by the Speaker of the House of
Representatives pursuant to the authority of
section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''; and
(ii) in subsection (b), by striking ``in
excess of the rate of basic pay'' and all that
follows and inserting ``in excess of the
applicable rate of pay in effect under an order
issued by the Speaker of the House of
Representatives pursuant to the authority of
section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''.
(B) Law revision counsel.--Section 205(f) of House
Resolution 988, 93rd Congress, agreed to October 8,
1974, as enacted into law by the matter under the
heading ``Administrative Provisions'' under the heading
``HOUSE OF REPRESENTATIVES'' under chapter III of title
I of the Supplemental Appropriations Act, 1975 (2 U.S.C.
285e), is amended by striking ``Law Revision Counsel
shall be paid'' and all that follows and inserting ``Law
Revision Counsel shall be paid at a per annum gross rate
determined by the Speaker not to exceed the greater of
$173,900 or the rate of pay in effect for such position
under an order issued by the Speaker pursuant to the
authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532); and members of
the staff of the Office other than the Law Revision
Counsel shall be paid at per annum gross rates fixed by
the Law Revision Counsel with the approval of the
Speaker or in accordance with policies approved by the
Speaker, but not in excess of the applicable rate of pay
in effect under an order issued by the Speaker pursuant
to the authority of such section.''.
(C) Parliamentarian.--Section 4 of House Resolution
502, 95th Congress, agreed to April 20, 1977, as enacted
into law by section 115 of the Legislative Branch
Appropriation Act, 1978 (2 U.S.C. 287c), is amended--
(i) in subsection (a), by striking ``but not
in excess'' and all that follows and inserting
``but not in excess of the greater of $173,900 or
the rate of pay in effect for such position under
an order issued by the Speaker of the House of
Representatives pursuant to the authority of
section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''; and
(ii) in subsection (b), by striking ``, but
not in excess of the rate of basic pay set forth
in subsection (a)'' and inserting ``but not in
excess of the applicable rate of pay in effect
under an order issued by the Speaker of the House
of Representatives pursuant to the authority of
section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532)''.
(D) Chaplain.--Section 3 of House Resolution 661,
95th Congress, agreed to July 29, 1977, as enacted into
[[Page 133 STAT. 2778]]
law by section 111 of the Legislative Branch
Appropriation Act, 1979 (2 U.S.C. 5521), is amended by
striking section 3 and inserting the following:
``Sec. 3. The maximum per year gross rate of compensation of the
Chaplain of the House of Representatives shall not exceed the greater of
$173,900 or the rate of pay in effect for such position under an order
issued by the Speaker of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative Branch Appropriations
Act, 1988 (2 U.S.C. 4532).''.
(E) Certain leadership employees.--Subsection (b) of
the first section of House Resolution 393, 95th
Congress, agreed to March 31, 1977, as enacted into law
by section 115 of the Legislative Branch Appropriation
Act, 1978 (2 U.S.C. 5141(b)), is amended by striking
``The annual rate'' and all that follows through
``United States Code,'' and inserting the following:
``The maximum annual rate of compensation for any
individual employed under subsection (a) shall not
exceed the greater of $173,900 or the applicable rate of
pay in effect under an order issued by the Speaker of
the House of Representatives pursuant to the authority
of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532),''.
(4) Chief of staff of joint committee on taxation.--Section
214(e) of the Postal Revenue and Federal Salary Act of 1967 (2
U.S.C. 4302) is amended by striking ``The per annum rate of
compensation'' and all that follows through the period at the
end and inserting the following: ``The maximum annual rate of
compensation of the Chief of Staff of the Joint Committee on
Taxation shall not exceed the greater of $173,900 or the rate of
pay in effect for such position under an order issued by the
Speaker of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''.
(c) <<NOTE: 2 USC 282b note.>> Effective Date.--This section and
the amendments made by this section shall take effect on the later of--
(1) the first day of the first applicable pay period
beginning on or after January 1, 2020; or
(2) the first day of the first applicable pay period
beginning on or after the date of enactment of this Act.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2020''.
DIVISION <<NOTE: Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2020.>> F--MILITARY CONSTRUCTION, VETERANS
AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the
[[Page 133 STAT. 2779]]
functions of the Commander in Chief, $1,178,499,000, to remain available
until September 30, 2024: Provided,
That, <<NOTE: Determination. Notification.>> of this amount, not to
exceed $136,099,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of the Army determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $2,449,632,000, to remain available until September 30,
2024: Provided, That, <<NOTE: Determination. Notification.>> of this
amount, not to exceed $178,715,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,687,230,000, to remain available until September 30, 2024: Provided,
That, <<NOTE: Determination. Notification.>> of this amount, not to
exceed $153,148,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$2,362,529,000, to remain available until September 30, 2024: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further,
That, <<NOTE: Determination. Notification.>> of the amount, not to
exceed $298,655,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations
[[Page 133 STAT. 2780]]
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $210,819,000, to remain available until September
30, 2024: Provided, That, <<NOTE: Determination. Notification.>> of
the amount, not to exceed $20,469,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Director of the Army National Guard determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $164,471,000, to remain available until September
30, 2024: Provided, That, <<NOTE: Determination. Notification.>> of
the amount, not to exceed $17,000,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $60,928,000, to remain
available until September 30, 2024: Provided,
That, <<NOTE: Determination. Notification.>> of the amount, not to
exceed $6,000,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Chief
of the Army Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $54,955,000, to remain available until September 30,
2024: Provided, That, <<NOTE: Determination. Notification.>> of the
amount, not to exceed $4,780,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless
[[Page 133 STAT. 2781]]
the Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $59,750,000, to
remain available until September 30, 2024: Provided,
That, <<NOTE: Determination. Notification.>> of the amount, not to
exceed $4,604,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Chief
of the Air Force Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $172,005,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $398,526,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $141,372,000, to remain available
until September 30, 2024.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $357,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition,
[[Page 133 STAT. 2782]]
expansion, extension, and alteration, as authorized by law, $47,661,000,
to remain available until September 30, 2024.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $317,870,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $103,631,000, to remain available
until September 30, 2024.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $295,016,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $57,000,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$3,045,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $500,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883 of
title 10, United States Code, providing alternative means of acquiring
and improving military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None <<NOTE: Contracts.>> of the funds made available in
this title shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without the specific
[[Page 133 STAT. 2783]]
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. Funds <<NOTE: Certification.>> made available in this
title for construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to the
national defense by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None <<NOTE: Determinations.>> of the funds made
available in this title shall be used for purchase of land or land
easements in excess of 100 percent of the value as determined by the
Army Corps of Engineers or the Naval Facilities Engineering Command,
except: (1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the designee of the
Attorney General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be in the
public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None <<NOTE: Notification.>> of the funds made available
in this title for minor construction may be used to transfer or relocate
any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
Sec. 108. None <<NOTE: Steel.>> of the funds made available in
this title may be used for the procurement of steel for any construction
project or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such steel
procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None <<NOTE: Notification.>> of the funds made available
in this title may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. None <<NOTE: Japan. Contracts.>> of the funds made
available in this title may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for projects to
be accomplished in Japan, in any North Atlantic Treaty Organization
member country, or in countries bordering the Arabian Gulf, unless such
contracts are awarded to United States firms or United States firms in
joint venture with host nation firms.
Sec. 112. None <<NOTE: Kwajalein Atoll. Contracts.>> of the funds
made available in this title for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be applicable
to contract
[[Page 133 STAT. 2784]]
awards for which the lowest responsive and responsible bid of a United
States contractor exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided further, That
this section shall not apply to contract awards for military
construction on Kwajalein Atoll for which the lowest responsive and
responsible bid is submitted by a Marshallese contractor.
Sec. 113. The <<NOTE: Notification. Military exercise. Deadline.>>
Secretary of Defense shall inform the appropriate committees of both
Houses of Congress, including the Committees on Appropriations, of plans
and scope of any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to exceed
$100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117.
Subject <<NOTE: Deadlines. Notification. Determination.>> to 30 days
prior notification, or 14 days for a notification provided in an
electronic medium pursuant to sections 480 and 2883 of title 10, United
States Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the Secretary
of Defense may be transferred to: (1) the Department of Defense Family
Housing Improvement Fund from amounts appropriated for construction in
``Family Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available to cover
the costs, as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of subchapter IV of chapter 169 of
title 10, United States Code, pertaining to alternative means of
acquiring and improving
[[Page 133 STAT. 2785]]
military family housing, military unaccompanied housing, and supporting
facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan Development
Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A).
Any amounts transferred shall be merged with and be available for the
same purposes and for the same time period as the fund to which
transferred.
Sec. 119. Notwithstanding <<NOTE: 10 USC 2821 note.>> any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: Provided,
That <<NOTE: Deadlines. Notification.>> not more than $35,000 per unit
may be spent annually for the maintenance and repair of any general or
flag officer quarters without 30 days prior notification, or 14 days for
a notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation is exceeded solely due
to costs associated with environmental remediation that could not be
reasonably anticipated at the time of the budget submission: Provided
further, That <<NOTE: Reports.>> the Under Secretary of Defense
(Comptroller) is to report annually to the Committees on Appropriations
of both Houses of Congress all operation and maintenance expenditures
for each individual general or flag officer quarters for the prior
fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During <<NOTE: Time period. Determination.>> the 5-year
period after appropriations available in this Act to the Department of
Defense for military construction and family housing operation and
maintenance and construction have expired for obligation, upon a
determination that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments to such
appropriations for obligations incurred during the period of
availability of such appropriations, unobligated balances of such
appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'', to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be
[[Page 133 STAT. 2786]]
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military construction
and family housing construction contained in Department of Defense
Financial Management Regulation 7000.14-R, Volume 3, Chapter 7, of March
2011, as in effect on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2024:
``Military Construction, Army'', $79,500,000;
``Military Construction, Navy and Marine Corps'',
$374,529,000;
``Military Construction, Air Force'', $288,200,000;
``Military Construction, Army National Guard'',
$155,000,000;
``Military Construction, Air National Guard'', $57,000,000;
``Military Construction, Air Force Reserve'', $24,800,000;
and
``Military Construction, Defense-Wide'', $66,880,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department's
unfunded priority list for fiscal year 2020 submitted to Congress:
Provided further, That such projects are subject to authorization prior
to obligation and expenditure of funds to carry out construction:
Provided further, That <<NOTE: Deadline. Expenditure plan.>> not later
than 30 days after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
(rescissions of funds)
Sec. 125. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are hereby
rescinded from the following accounts in the amounts specified:
``Military Construction, Defense-Wide'', $45,055,000; and
``NATO Security Investment Program'', $25,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Sec. 126. For <<NOTE: Definition.>> the purposes of this Act, the
term ``congressional defense committees'' means the Committees on Armed
Services of the House of Representatives and the Senate, the
Subcommittee on Military Construction and Veterans Affairs of the
Committee on Appropriations of the Senate, and the Subcommittee on
Military Construction and Veterans Affairs of the Committee on
Appropriations of the House of Representatives.
Sec. 127. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
[[Page 133 STAT. 2787]]
Sec. 128.
Notwithstanding <<NOTE: Analysis. Reports. Certification.>> any other
provision of law, none of the funds appropriated or otherwise made
available by this or any other Act may be used to consolidate or
relocate any element of a United States Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer (RED HORSE)
outside of the United States until the Secretary of the Air Force: (1)
completes an analysis and comparison of the cost and infrastructure
investment required to consolidate or relocate a RED HORSE squadron
outside of the United States versus within the United States; (2)
provides to the Committees on Appropriations of both Houses of Congress
(``the Committees'') a report detailing the findings of the cost
analysis; and (3) certifies in writing to the Committees that the
preferred site for the consolidation or relocation yields the greatest
savings for the Air Force: Provided, That <<NOTE: Definition.>> the
term ``United States'' in this section does not include any territory or
possession of the United States.
Sec. 129. All amounts appropriated to the ``Department of Defense--
Military Construction, Army'', ``Department of Defense--Military
Construction, Navy and Marine Corps'', ``Department of Defense--Military
Construction, Air Force'', and ``Department of Defense--Military
Construction, Defense-Wide'' accounts pursuant to the authorization of
appropriations in a National Defense Authorization Act specified for
fiscal year 2020 in the funding table in section 4601 of that Act shall
be immediately available and allotted to contract for the full scope of
authorized projects.
Sec. 130. For an additional amount for the accounts and in the
amounts specified for planning and design, for improving military
installation resilience, to remain available until September 30, 2024:
``Military Construction, Army'', $20,000,000;
``Military Construction, Navy and Marine Corps'',
$35,000,000; and
``Military Construction, Air Force'', $20,000,000:
Provided, That <<NOTE: Deadline. Expenditure plan.>> not later than
60 days after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section: Provided further, That the
Secretary of the military department concerned may not obligate or
expend any funds prior to approval by the Committees on Appropriations
of both Houses of Congress of the expenditure plan required by this
section.
Sec. 131. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2021:
``Family Housing Operation and Maintenance, Army'',
$50,000,000;
``Family Housing Operation and Maintenance, Navy and Marine
Corps'', $59,600,000; and
``Family Housing Operation and Maintenance, Air Force'',
$31,200,000.
[[Page 133 STAT. 2788]]
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
other benefits as authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$1,439,931,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2019; and, $118,246,975,000 shall become available on October 1, 2020:
Provided, That <<NOTE: Reimbursement.>> not to exceed $18,147,000 of
the amount made available for fiscal year 2021 under this heading shall
be reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'', and ``Information Technology Systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That <<NOTE: Reimbursement.>> such
sums as may be earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment the funding
of individual medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$12,578,965,000, to remain available until expended and to become
available on October 1, 2020: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21 of
title 38, United States Code, $17,620,000, which shall be in addition to
funds previously appropriated under this
[[Page 133 STAT. 2789]]
heading that became available on October 1, 2019, to remain available
until expended; and, in addition, $129,224,000, shall become available
on October 1, 2020, and shall remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2020, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $200,377,391.
vocational rehabilitation loans program account
For the cost of direct loans, $57,729, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,008,232.
In addition, for administrative expenses necessary to carry out the
direct loan program, $401,880, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,186,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration for
security guard services, and reimbursement of the Department of Defense
for the cost of overseas employee mail, $3,125,000,000: Provided,
That <<NOTE: Determination.>> expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans Affairs
determines are necessary to enable entitled veterans: (1) to the maximum
extent feasible, to become employable and to obtain and maintain
suitable employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further, That, of
the funds made available under this heading, not to exceed 10 percent
shall remain available until September 30, 2021.
[[Page 133 STAT. 2790]]
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food services,
and salaries and expenses of healthcare employees hired under title 38,
United States Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code, loan
repayments authorized by section 604 of the Caregivers and Veterans
Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1174;
38 U.S.C. 7681 note), monthly assistance allowances authorized by
section 322(d) of title 38, United States Code, grants authorized by
section 521A of title 38, United States Code, and administrative
expenses necessary to carry out sections 322(d) and 521A of title 38,
United States Code, and hospital care and medical services authorized by
section 1787 of title 38, United States Code; $56,158,015,000, plus
reimbursements, shall become available on October 1, 2020, and shall
remain available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$1,500,000,000 shall remain available until September 30, 2022:
Provided further, That, <<NOTE: Priorities.>> notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans who have
service-connected disabilities, lower income, or have special needs:
Provided further, That, <<NOTE: Priorities.>> notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall give priority
funding for the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further,
That, <<NOTE: Drugs and drug abuse. Requirements.>> notwithstanding any
other provision of law, the Secretary of Veterans Affairs may authorize
the dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions
based on requirements established by the Secretary: Provided further,
That the implementation of the program described in the previous proviso
shall incur no additional cost to the Department of Veterans Affairs:
Provided further, That the Secretary of Veterans Affairs shall ensure
that sufficient amounts appropriated under this heading for medical
supplies and equipment are available for the acquisition of prosthetics
designed specifically for female veterans: Provided further, That of
the amount that became available on October 1, 2019, under this heading,
not less than $585,000,000 shall be for gender-specific care for women.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,521,400,000, which shall be in addition to
funds previously appropriated under this heading that became available
on October 1, 2019; and, in addition, $17,131,179,000, plus
reimbursements, shall become available on October 1, 2020, and shall
remain available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under
[[Page 133 STAT. 2791]]
this heading, $2,000,000,000 shall remain available until September 30,
2022: Provided further, That $615,000,000 of the additional amounts
provided for fiscal year 2020 under this heading in this Act shall be
derived by transfer from the Veterans Choice Fund pursuant to the
authority in section 802(c)(4) of the Veterans Access, Choice, and
Accountability Act of 2014, as amended (38 U.S.C. 1701 note), from prior
year unobligated balances in that Fund that were provided by section 510
of the VA MISSION Act of 2018 (Public Law 115-182).
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), $98,800,000
which shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2019; and, in addition,
$7,914,191,000, plus reimbursements, shall become available on October
1, 2020, and shall remain available until September 30, 2021: Provided,
That, of the amount made available on October 1, 2020, under this
heading, $150,000,000 shall remain available until September 30, 2022.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services; $6,433,265,000, plus
reimbursements, shall become available on October 1, 2020, and shall
remain available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$250,000,000 shall remain available until September 30, 2022.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $800,000,000, plus reimbursements, shall remain
available until September 30, 2021: Provided, That the Secretary of
Veterans Affairs shall ensure that sufficient amounts appropriated under
this heading are available for prosthetic research specifically for
female veterans, and for toxic exposure research.
[[Page 133 STAT. 2792]]
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $329,000,000, of which not to exceed 10 percent
shall remain available until September 30, 2021.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $355,911,000, of which not to exceed 10 percent
shall remain available until September 30, 2021: Provided, That funds
provided under this heading may be transferred to ``General Operating
Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$182,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2021.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $4,371,615,000, plus
reimbursements: Provided, That $1,204,238,000 shall be for pay and
associated costs, of which not to exceed 3 percent shall remain
available until September 30, 2021: Provided further, That
$2,739,597,000 shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30, 2021:
Provided further, That $427,780,000 shall be for information technology
systems development, and shall remain available until September 30,
2021: Provided further, That amounts made available for salaries and
expenses, operations and maintenance, and information technology
[[Page 133 STAT. 2793]]
systems development may be transferred among the three subaccounts after
the Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That amounts made
available for the ``Information Technology Systems'' account for
development may be transferred among projects or to newly defined
projects: Provided further, That <<NOTE: Time period.>> no project may
be increased or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further, That the
funds made available under this heading for information technology
systems development shall be for the projects, and in the amounts,
specified under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans Electronic
Health Record system, including contractual costs associated with
operations authorized by section 3109 of title 5, United States Code,
and salaries and expenses of employees hired under titles 5 and 38,
United States Code, $1,500,000,000, to remain available until September
30, 2022: Provided, That <<NOTE: Reports.>> the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of both Houses
of Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility: Provided further, That the funds
provided in this account shall only be available to the Office of the
Deputy Secretary, to be administered by that Office: Provided further,
That <<NOTE: Notification.>> none of the funds made available under
this heading may be obligated in a manner inconsistent with deployment
schedules provided to the Committees on Appropriations unless the
Secretary of Veterans Affairs provides notification to the Committees on
Appropriations of such change and an approval is issued.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $210,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2021.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition,
[[Page 133 STAT. 2794]]
where the estimated cost of a project is more than the amount set forth
in section 8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $1,235,200,000, of which $1,036,600,000 shall remain
available until September 30, 2024, and of which $198,600,000 shall
remain available until expended, of which $35,000,000 shall be available
for seismic improvement projects and seismic program management
activities, including for projects that would otherwise be funded by the
Construction, Minor Projects, Medical Facilities or National Cemetery
Administration accounts: Provided, That <<NOTE: Notification.>> except
for advance planning activities, including needs assessments which may
or may not lead to capital investments, and other capital asset
management related activities, including portfolio development and
management activities, and investment strategy studies funded through
the advance planning fund and the planning and design activities funded
through the design fund, including needs assessments which may or may
not lead to capital investments, and funds provided for the purchase,
security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of the funds
made available under this heading shall be used for any project that has
not been notified to Congress through the budgetary process or that has
not been approved by the Congress through statute, joint resolution, or
in the explanatory statement accompanying such Act and presented to the
President at the time of enrollment: Provided further,
That <<NOTE: Reimbursement.>> such sums as may be necessary shall be
available to reimburse the ``General Administration'' account for
payment of salaries and expenses of all Office of Construction and
Facilities Management employees to support the full range of capital
infrastructure services provided, including minor construction and
leasing services: <<NOTE: Contracts. Deadlines.>> Provided further,
That funds made available under this heading for fiscal year 2020, for
each approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2020; and (2) by the
awarding of a construction contract by September 30, 2021: Provided
further, That <<NOTE: Reports.>> the Secretary of Veterans Affairs
shall promptly submit to the Committees on Appropriations of both Houses
of Congress a written report on any approved major construction project
for which obligations are not incurred within the time limitations
established above: Provided further, That notwithstanding the
requirements of section 8104(a) of title 38, United States Code, amounts
made available under this heading for seismic improvement projects and
seismic program management activities shall be available for the
completion of both new and existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406
[[Page 133 STAT. 2795]]
and chapter 81 of title 38, United States Code, not otherwise provided
for, where the estimated cost of a project is equal to or less than the
amount set forth in section 8104(a)(3)(A) of title 38, United States
Code, $398,800,000, to remain available until September 30, 2024, along
with unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where the
estimated cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this heading shall
be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or catastrophe;
and (2) temporary measures necessary to prevent or to minimize further
loss by such causes.
grants for construction of
state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $90,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2020 for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: Provided, That, <<NOTE: Time period.>>
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2020, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That <<NOTE: Notification.>> any
transfers among the ``Medical Services'', ``Medical Community Care'',
and ``Medical Support and Compliance'' accounts of 1 percent or less of
the total amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of Veterans
Affairs to the Committees on Appropriations of both
[[Page 133 STAT. 2796]]
Houses of Congress of the amount and purpose of the transfer: Provided
further, That any transfers among the ``Medical Services'', ``Medical
Community Care'', and ``Medical Support and Compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent for the
fiscal year, may take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued: Provided further, That any
transfers to or from the ``Medical Facilities'' account may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and ``Construction,
Minor Projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws providing
such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United States Code, or the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.)), unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical Services'' account at such rates as
may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2019.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding <<NOTE: Reimbursements.>> any other
provision of law, during fiscal year 2020, the Secretary of Veterans
Affairs shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans' Special Life
Insurance Fund under section 1923 of title 38, United States Code, and
the United States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ``General Operating
Expenses, Veterans Benefits Administration'' and ``Information
Technology Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: <<NOTE: Time
period.>> Provided,
[[Page 133 STAT. 2797]]
That reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year 2020 that
are available for dividends in that program after claims have been paid
and actuarially determined reserves have been set aside: Provided
further, That if the cost of administration of such an insurance program
exceeds the amount of surplus earnings accumulated in that program,
reimbursement shall be made only to the extent of such surplus earnings:
Provided further, That <<NOTE: Determination.>> the Secretary shall
determine the cost of administration for fiscal year 2020 which is
properly allocable to the provision of each such insurance program and
to the provision of any total disability income insurance included in
that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, the Office of Employment Discrimination
Complaint Adjudication, and the Office of Diversity and Inclusion for
all services provided at rates which will recover actual costs but not
to exceed $57,263,000 for the Office of Resolution Management,
$6,000,000 for the Office of Employment Discrimination Complaint
Adjudication, and $4,628,000 for the Office of Diversity and Inclusion:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General Administration'' and
``Information Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of section
1729 of such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the reasonable
charges for such care or services from any person who does not make such
disclosure as required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects'' and
``Construction, Minor Projects'' accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums
[[Page 133 STAT. 2798]]
as realized are in addition to the amount provided for in
``Construction, Major Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The <<NOTE: Alaska.>> Secretary of Veterans Affairs may
enter into agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian Health
Service, to provide healthcare, including behavioral health and dental
care, to veterans in rural Alaska. <<NOTE: Requirement. Compliance.>>
The Secretary shall require participating veterans and facilities to
comply with all appropriate rules and regulations, as established by the
Secretary. <<NOTE: Definition.>> The term ``rural Alaska'' shall mean
those lands which are not within the boundaries of the municipality of
Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not <<NOTE: Reports.>> later than 30 days after the end
of each fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress a report
on the financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2020 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the
[[Page 133 STAT. 2799]]
total amount made available by this Act for the ``Information Technology
Systems'' account: Provided further, That, before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of Veterans
Affairs for fiscal year 2020 for ``Medical Services'', ``Medical
Community Care'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Construction, Minor Projects'', and ``Information
Technology Systems'', up to $314,409,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund, established by section 1704
of the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500): Provided, That <<NOTE: Notification.>> additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 220 of title II of division C
of Public Law <<NOTE: Repeal. 132 Stat. 2967.>> 115-244 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of Veterans
Affairs which become available on October 1, 2020, for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $322,931,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That <<NOTE: Notification.>> additional funds
may be transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--
[[Page 133 STAT. 2800]]
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571); and (2) for
operations of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That, notwithstanding section 1704(b)(3) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2573), amounts transferred to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility Demonstration
Fund shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall
be transferred to the DOD-VA Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States Code, to remain
available until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. None of the funds available to the Department of Veterans
Affairs, in this or any other Act, may be used to replace the current
system by which the Veterans Integrated Service Networks select and
contract for diabetes monitoring supplies and equipment.
Sec. 224. The <<NOTE: Notifications. Deadlines.>> Secretary of
Veterans Affairs shall notify the Committees on Appropriations of both
Houses of Congress of all bid savings in a major construction project
that total at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That <<NOTE: Contracts.>>
such notification shall occur within 14 days of a contract identifying
the programmed amount: Provided further, That the Secretary shall
notify the Committees on Appropriations of both Houses of Congress 14
days prior to the obligation of such bid savings and shall describe the
anticipated use of such savings.
Sec. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not <<NOTE: Reports. Data.>> later than 30 days after
the end of each fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of Congress a
quarterly report containing performance measures and data from each
Veterans Benefits Administration Regional Office: Provided, That, at a
minimum, the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number of
appeals pending at the Veterans Benefits Administration as well as the
Board of Veterans Appeals on a quarterly basis.
[[Page 133 STAT. 2801]]
Sec. 227. The <<NOTE: Notification. Deadline.>> Secretary of
Veterans Affairs shall provide written notification to the Committees on
Appropriations of both Houses of Congress 15 days prior to
organizational changes which result in the transfer of 25 or more full-
time equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 228. The <<NOTE: Time period. Notification.>> Secretary of
Veterans Affairs shall provide on a quarterly basis to the Committees on
Appropriations of both Houses of Congress notification of any single
national outreach and awareness marketing campaign in which obligations
exceed $1,000,000.
(including transfer of funds)
Sec. 229. The <<NOTE: Determination.>> Secretary of Veterans
Affairs, upon determination that such action is necessary to address
needs of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations made
available for fiscal year 2020 in this title (except appropriations made
to the ``General Operating Expenses, Veterans Benefits Administration''
account) or any discretionary unobligated balances within the Department
of Veterans Affairs, including those appropriated for fiscal year 2020,
that were provided in advance by appropriations Acts: Provided, That
transfers shall be made only with the approval of the Office of
Management and Budget: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
provided by law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That such authority to transfer may not be used unless for
higher priority items, based on emergent healthcare requirements, than
those for which originally appropriated and in no case where the item
for which funds are requested has been denied by
Congress: <<NOTE: Definitions.>> Provided further, That, upon
determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back to
that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2020, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits Administration''
accounts may be transferred between such accounts: Provided, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and receive approval of that
request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram funds
among major construction projects or programs if such
[[Page 133 STAT. 2802]]
instance of reprogramming will exceed $7,000,000, unless such
reprogramming is approved by the Committees on Appropriations of both
Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38, United
States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) <<NOTE: Definitions.>> In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) <<NOTE: Study. Time period. Analysis. Data.>> The Secretary
of Veterans Affairs shall conduct a study on the effectiveness of the
hotline specified in subsection (a) during the five-year period
beginning on January 1, 2016, based on an analysis of national suicide
data and data collected from such hotline.
(2) <<NOTE: Determinations.>> At a minimum, the study required by
paragraph (1) shall--
(A) determine the number of veterans who contact the hotline
specified in subsection (a) and who receive follow up services
from the hotline or mental health services from the Department
of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the hotline
who are not referred to, or do not continue receiving, mental
health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. None <<NOTE: Reports. Realignment plans.>> of the funds
in this or any other Act may be used to close Department of Veterans
Affairs (VA) hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services at existing
Veterans Health Administration medical facilities as part of a planned
realignment of VA services until the Secretary provides to the
Committees on Appropriations of both Houses of Congress a report
including the following elements--
(1) <<NOTE: Plan.>> a national realignment strategy that
includes a detailed description of realignment plans within each
Veterans Integrated Services Network (VISN), including an
updated Long Range Capital Plan to implement realignment
requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) <<NOTE: Analysis.>> a cost versus benefit analysis of
each planned realignment, including the cost of replacing
Veterans Health Administration services with contract care or
other outsourced services;
[[Page 133 STAT. 2803]]
(4) <<NOTE: Analysis.>> an analysis of how any such planned
realignment of services will impact access to care for veterans
living in rural or highly rural areas, including travel
distances and transportation costs to access a VA medical
facility and availability of local specialty and primary care;
(5) <<NOTE: Records.>> an inventory of VA buildings with
historic designation and the methodology used to determine the
buildings' condition and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation Act;
and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in any
VISN, which have been authorized or approved by Congress.
Sec. 234. Effective <<NOTE: Effective date. Time period.>> during
the period beginning on October 1, 2018 and ending on January 1, 2024,
none of the funds made available to the Secretary of Veterans Affairs by
this or any other Act may be obligated or expended in contravention of
the ``Veterans Health Administration Clinical Preventive Services
Guidance Statement on the Veterans Health Administration's Screening for
Breast Cancer Guidance'' published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health Promotion and
Disease Prevention.
Sec. 235. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) <<NOTE: Definitions.>> In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum on
the subject of ``Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II or
III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such a
member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
[[Page 133 STAT. 2804]]
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under the
same terms as apply under the adoption reimbursement program of
the Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the reimbursement limits
and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
Sec. 236. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 237. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 238. (a) <<NOTE: Consultation. Deadlines. 38 USC 5701 note
prec.>> Except as provided in subsection (b), the Secretary of Veterans
Affairs, in consultation with the Secretary of Defense and the Secretary
of Labor, shall discontinue using Social Security account numbers to
identify individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by the
Secretary, not later than 5 years after the date of the
enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this Act.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of the
Department of Veterans Affairs if and only if the use of such number is
required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
Sec. 239. For <<NOTE: Applicability.>> funds provided to the
Department of Veterans Affairs for each of fiscal year 2020 and 2021 for
``Medical Services'', section 239 of Division A of Public Law 114-223
shall apply.
Sec. 240. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
[[Page 133 STAT. 2805]]
Sec. 241. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and fiscal year 2021 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 242. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans Affairs
to enter into an agreement related to resolving a dispute or claim with
an individual that would restrict in any way the individual from
speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national defense or
the conduct of foreign affairs.
Sec. 243. For <<NOTE: Applicability.>> funds provided to the
Department of Veterans Affairs for each of fiscal year 2020 and 2021,
section 258 of Division A of Public Law 114-223 shall apply.
Sec. 244. (a) <<NOTE: Records.>> None of the funds appropriated or
otherwise made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records, documents,
or other materials available to the department or agency of the United
States Government over which such Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede the access of such Inspector General to such records,
documents, or other materials, under any provision of law, except a
provision of law that expressly refers to such Inspector General and
expressly limits the right of access of such Inspector General.
(b) A department or agency covered by this section shall provide its
Inspector General access to all records, documents, and other materials
in a timely manner.
(c) <<NOTE: Compliance.>> Each Inspector General covered by this
section shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) <<NOTE: Reports.>> Each Inspector General covered by this
section shall report to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of Representatives
within 5 calendar days of any failure by any department or agency
covered by this section to comply with this section.
Sec. 245. For <<NOTE: Applicability.>> funds provided to the
Department of Veterans Affairs for each of fiscal year 2020 and 2021,
section 248 of Division A of Public Law 114-223 shall apply.
Sec. 246. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38, United
States Code, does not exceed 125 veterans to one full-time employment
equivalent.
(b) <<NOTE: Reports.>> Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report on the programs of rehabilitation conducted under chapter 31 of
title 38, United States Code, including--
(1) <<NOTE: Assessment.>> an assessment of the veteran-to-
staff ratio for each such program; and
[[Page 133 STAT. 2806]]
(2) <<NOTE: Recommenda- tions.>> recommendations for such
action as the Secretary considers necessary to reduce the
veteran-to-staff ratio for each such program.
Sec. 247. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care at
medical facilities of the Department of Veterans Affairs.
Sec. 248. None <<NOTE: Notification. Deadline.>> of the funds
appropriated or otherwise made available by this Act to the Veterans
Health Administration may be used in fiscal year 2020 to convert any
program which received specific purpose funds in fiscal year 2019 to a
general purpose funded program unless the Secretary of Veterans Affairs
submits written notification of any such proposal to the Committees on
Appropriations of both Houses of Congress at least thirty days prior to
any such action and an approval is issued by the Committees.
Sec. 249. (a) <<NOTE: Effective date. 38 USC 303 note.>> None of
the funds appropriated or otherwise made available by this Act may be
used to conduct research commencing on or after October 1, 2019, that
uses any canine, feline, or non-human primate unless the Secretary of
Veterans Affairs approves such research specifically and in writing
pursuant to subsection (b).
(b)(1) <<NOTE: Effective date. Determination.>> The Secretary of
Veterans Affairs may approve the conduct of research commencing on or
after October 1, 2019, using canines, felines, or non-human primates if
the Secretary determines that--
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an
illness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) <<NOTE: Reports.>> If the Secretary approves any new research
pursuant to subsection (b), not later than 30 days before the
commencement of such research, the Secretary shall submit to the
Committees on Appropriations of the Senate and House of Representatives
a report describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the Secretary
that the scientific objectives of such research could only be
met using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research; and
(d) <<NOTE: Reports.>> Not later than 180 days after the date of
the enactment of this Act, and biannually thereafter, the Secretary
shall submit to such Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
[[Page 133 STAT. 2807]]
(2) the circumstances under which such research was
conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-
human primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
(e) <<NOTE: Deadlines. Plan.>> Not later than December 31, 2020,
the Secretary shall submit to such Committees a plan under which the
Secretary will eliminate or reduce the research conducted using canines,
felines, or non-human primates by not later than five years after the
date of the enactment of this Act.
Sec. 250. None <<NOTE: New York. Market assessment.>> of the funds
made available by this Act may be used by the Secretary of Veterans
Affairs to close the community based outpatient clinic located in
Bainbridge, New York, until the Secretary of Veterans Affairs submits to
the Committees on Appropriations of the House of Representatives and the
Senate a market area assessment.
Sec. 251. (a) <<NOTE: Deadline.>> Plan Required.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the appropriate committees of Congress
a plan to reduce the chances that clinical mistakes by employees of the
Department of Veterans Affairs will result in adverse events that
require institutional or clinical disclosures and to prevent any
unnecessary hardship for patients and families impacted by such adverse
events.
(b) Elements.--The plan required by subsection (a) shall include the
following:
(1) A description of a process for the timely identification
of individuals impacted by disclosures described in subsection
(a) and the process for contacting those individuals or their
next of kin.
(2) A description of procedures for expediting any remedial
or follow-up care required for those individuals.
(3) A detailed outline of proposed changes to the process of
the Department for clinical quality checks and oversight.
(4) A communication plan to ensure all facilities of the
Department are made aware of any requirements updated pursuant
to the plan.
(5) <<NOTE: Timeline.>> A timeline detailing the
implementation of the plan.
(6) An identification of the senior executive of the
Department responsible for ensuring compliance with the plan.
(7) An identification of potential impacts of the plan on
timely diagnoses for patients.
(8) An identification of the processes and procedures for
employees of the Department to make leadership at the facility
and the Department aware of adverse events that are concerning
and that result in disclosures and to ensure that the medical
impact on veterans of such disclosures is minimized.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and
[[Page 133 STAT. 2808]]
Related Agencies of the Committee on Appropriations of the House
of Representatives.
Sec. 252. (a) <<NOTE: Deadlines. Time
period. Handbook. Contracts. 38 USC 8110 note.>> Not later than 180
days after the date of the enactment of this Act, and not less
frequently than once every five-year period thereafter, the Secretary of
Veterans Affairs shall update the handbook of the Department of Veterans
Affairs titled ``Planning and Activating Community Based Outpatient
Clinics'', or a successor handbook, to reflect current policies, best
practices, and clarify the roles and responsibilities of the personnel
of the Department involved in the leasing projects of the Department.
(b) The Secretary shall ensure that the handbook specified in
subsection (a) defines ``community based outpatient clinic'' in the same
manner as such term is defined in the Veterans Health Administration
Site Tracking database (commonly known as ``VAST'') as of the date of
the enactment of this Act.
(c) The Secretary shall ensure that the Veterans Health
Administration incorporates the best practices contained in the handbook
specified in subsection (a) in conducting oversight of the medical
centers of the Department of Veterans Affairs and the Veterans
Integrated Service Network.
(d) <<NOTE: Guidance.>> Not later than 180 days after the date of
the enactment of this Act, the Secretary shall provide guidance and
training to employees of the Veterans Health Administration for the use
of the handbook specified in subsection (a). <<NOTE: Updates.>> The
Secretary shall update such guidance and training together with each
update of such handbook.
(rescissions of funds)
Sec. 253. Of the unobligated balances available to the Department
of Veterans Affairs from prior appropriations Acts, the following funds
are hereby rescinded from the following accounts in the amounts
specified:
``Veterans Health Administration, Medical Services'',
$350,000,000;
``Veterans Health Administration, Medical Support and
Compliance'', $10,000,000;
``Veterans Health Administration, Medical and Prosthetic
Research'', $50,000,000;
``Veterans Health Administration, DOD-VA Health Care Sharing
Incentive Fund'', $15,949,000;
``National Cemetery Administration'', $1,000,000;
``Departmental Administration, Board of Veterans Appeals'',
$8,000,000; and
``Departmental Administration, Veterans Electronic Health
Record'', $70,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Sec. 254. Section 252 of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018 (division J of
Public Law 115-141; 132 Stat. 825; 38 U.S.C. 1701 note) is amended by
striking ``The Secretary may carry out a 2-year pilot program'' and
inserting ``During the period preceding October 1, 2022, the Secretary
of Veterans Affairs may carry out a 2-year pilot program''.
[[Page 133 STAT. 2809]]
(rescission of funds)
Sec. 255. The remaining unobligated balances in the ``Department of
Veterans Affairs--Departmental Administration--General Operating
Expenses'' account from the following funds appropriated in Public Law
107-38 are hereby rescinded: Provided, That the amounts rescinded
pursuant to this section that were previously designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of that Act:
(1) funds subject to subsequent enactment and transferred
pursuant to chapter 13 of division B of Public Law 107-117; and
(2) funds made available and subsequently transferred
pursuant to the first proviso under the heading ``Executive
Office of the President and Funds Appropriated to the
President--Emergency Response Fund''.
Sec. 256. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any other
Act for fiscal years 2020 and 2021 may be used for expenses that would
otherwise be payable from the Veterans Choice Fund established by
section 802 of the Veterans Access, Choice, and Accountability Act, as
amended (38 U.S.C. 1701 note).
Sec. 257. Hereafter, <<NOTE: Applicability.>> the matter preceding
the first proviso under the heading ``Veterans Health Administration,
Medical Services'' in title II of division C of Public Law 115-244 shall
be applied for the purpose of the appropriations under that heading that
became available on October 1, 2019, by striking ``aid to State homes as
authorized by section 1741 of title 38, United States Code,''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $15,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $84,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be
[[Page 133 STAT. 2810]]
necessary, to remain available until expended, for purposes authorized
by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $35,400,000: Provided, That
$2,698,997 shall be available for the purpose of providing financial
assistance as described and in accordance with the process and reporting
procedures set forth under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $80,800,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2022. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $75,300,000, of which $12,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury to
the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military Cemeteries.
[[Page 133 STAT. 2811]]
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$111,968,000, to remain available until September 30, 2024, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $94,570,000, to remain available until September 30,
2024, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$391,988,000, to remain available until September 30, 2024, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $46,000,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. None <<NOTE: Lists. Time period.>> of the funds
appropriated for military construction projects outside the United
States under this title may be obligated or expended for planning and
design of any project associated with the European Deterrence Initiative
until the Secretary of Defense develops and submits to the congressional
defense committees, in a classified and unclassified format, a list of
all of the military construction projects associated with the European
Deterrence Initiative which the Secretary anticipates will be carried
out during each of the fiscal years 2021 through 2025.
[[Page 133 STAT. 2812]]
TITLE V
NATURAL DISASTER RELIEF
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $3,477,000,000, to remain available until September 30,
2024, for necessary expenses related to the consequences of Hurricanes
Michael and Florence and flooding and earthquakes occurring in fiscal
year 2019: Provided, That <<NOTE: Form requests.>> none of the funds
made available in this Act to the Navy and Marine Corps for such
recovery efforts shall be available for obligation until the Committees
on Appropriations of the House of Representatives and the Senate receive
form 1391 for each specific request: Provided further,
That, <<NOTE: Deadline. Expenditure plan.>> not later than 60 days
after enactment of this Act, the Secretary of the Navy, or his designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$2,605,200,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael and
Florence and flooding and earthquakes occurring in fiscal year 2019:
Provided, That <<NOTE: Form requests.>> none of the funds made
available in this Act to the Air Force for such recovery efforts shall
be available for obligation until the Committees on Appropriations of
the House of Representatives and the Senate receive form 1391 for each
specific request: Provided further, That, <<NOTE: Deadline. Expenditure
plan.>> not later than 60 days after enactment of this Act, the
Secretary of the Air Force, or his designee, shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed expenditure plan for funds provided under this heading
in this title: Provided further, That such funds may be obligated or
expended for planning and design and military construction projects not
otherwise authorized by law: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $77,175,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael and
Florence and flooding and earthquakes occurring in fiscal year 2019:
Provided, That <<NOTE: Form requests.>> none of the funds made
available in this Act to the Department of Defense for such recovery
efforts
[[Page 133 STAT. 2813]]
shall be available for obligation until the Committees on Appropriations
of the House of Representatives and the Senate receive form 1391 for
each specific request: Provided further,
That, <<NOTE: Deadline. Expenditure plan.>> not later than 60 days
after enactment of this Act, the Secretary of Defense, or his designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $66,000,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael and
Florence and flooding, tornadoes, and earthquakes occurring in fiscal
year 2019: Provided, That <<NOTE: Form requests.>> none of the funds
made available in this Act to the Army National Guard for such recovery
efforts shall be available for obligation until the Committees on
Appropriations of the House of Representatives and the Senate receive
form 1391 for each specific request: Provided further,
That, <<NOTE: Deadline. Expenditure plan.>> not later than 60 days
after enactment of this Act, the Director of the Army National Guard, or
his designee, shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a detailed expenditure plan for
funds provided under this heading in this title: Provided further, That
such funds may be obligated or expended for planning and design and
military construction projects not otherwise authorized by law:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Army Reserve
For an additional amount for ``Military Construction, Army
Reserve'', $3,300,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael and
Florence and flooding and earthquakes occurring in fiscal year 2019:
Provided, That <<NOTE: Form requests.>> none of the funds made
available in this Act to the Army Reserve for such recovery efforts
shall be available for obligation until the Committees on Appropriations
of the House of Representatives and the Senate receive form 1391 for
each specific request: Provided further,
That, <<NOTE: Deadline. Expenditure plan.>> not later than 60 days
after enactment of this Act, the Secretary of the Army, or his designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 133 STAT. 2814]]
ADMINISTRATIVE PROVISION
Sec. 501. Notwithstanding any other provision of law, funds made
available under each heading in this title shall only be used for the
purposes specifically described under that heading.
TITLE VI
GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 602. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 603. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 604. Unless <<NOTE: Reports. Notifications.>> stated
otherwise, all reports and notifications required by this Act shall be
submitted to the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military Construction
and Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the Senate.
Sec. 605. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 606. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 607. (a) <<NOTE: Public information. Web
posting. Reports. Determination.>> Any agency receiving funds made
available in this Act, shall, subject to subsections (b) and (c), post
on the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the national
interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) <<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. 608. (a) <<NOTE: Pornography.>> 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.
[[Page 133 STAT. 2815]]
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 609. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by an
employee of the agency in contravention of sections 301-10.122 through
301-10.124 of title 41, Code of Federal Regulations.
Sec. 610. None <<NOTE: Contracts.>> of the funds made available in
this Act may be used to execute a contract for goods or services,
including construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 611. None <<NOTE: Contracts.>> of the funds made available by
this Act may be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except in
accordance with Presidential Memorandum--Federal Fleet Performance,
dated May 24, 2011.
Sec. 612. Except <<NOTE: 1 USC 1 note.>> as expressly provided
otherwise, any reference to ``this Act'' contained in this division
shall be treated as referring only to the provisions of this division.
Sec. 613. None of the funds made available by this Act may be used
in contravention of section 101(e)(8) of title 10, United States Code.
Sec. 614. (a) <<NOTE: Detainees. Cuba.>> In General.--None of the
funds appropriated or otherwise made available to the Department of
Defense in this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or possessions to house
any individual detained at United States Naval Station, Guantanamo Bay,
Cuba, for the purposes of detention or imprisonment in the custody or
under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2020''.
[[Page 133 STAT. 2816]]
DIVISION <<NOTE: Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2020.>> G--DEPARTMENT OF STATE, FOREIGN
OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,125,687,000, of which
$754,468,000 may remain available until September 30, 2021, and of which
up to $4,095,899,000 may remain available until expended for Worldwide
Security Protection: Provided, That of the amount made available under
this heading for Worldwide Security Protection, $2,626,122,000 is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further,
That <<NOTE: Allocations.>> funds made available under this heading
shall be allocated in accordance with paragraphs (1) through (4) as
follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$2,896,063,000, of which up to $509,782,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,840,143,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State, including
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms control,
nonproliferation, and disarmament activities as authorized,
$780,057,000.
(4) Security programs.--For necessary expenses for security
activities, $3,609,424,000, of which up to $3,586,117,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
[[Page 133 STAT. 2817]]
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act,
funds may be reprogrammed within and between paragraphs
(1) through (4) under this heading subject to section
7015 of this Act.
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
(7) <<NOTE: Time periods. 22 USC 2651 note.>>
Clarification.--References to the ``Diplomatic and Consular
Programs'' account in any provision of law shall in this fiscal
year, and each fiscal year thereafter, be construed to include
the ``Diplomatic Programs'' account.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $139,500,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, of which $13,624,000 may remain available until September
30, 2021: Provided, That funds appropriated under this heading are made
available notwithstanding section 209(a)(1) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $54,900,000, to
remain available until September 30, 2021, which is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided, That funds
appropriated under this heading that are made available for the printing
and reproduction costs of SIGAR shall not exceed amounts for such costs
during fiscal year 2019.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $730,700,000, to remain available until
expended, of which not less than $272,000,000 shall be for the Fulbright
Program and not less than $111,860,000 shall be for Citizen Exchange
Program: Provided, That fees or other payments received from, or in
connection with, English teaching, educational advising and counseling
programs, and exchange visitor programs
[[Page 133 STAT. 2818]]
as authorized may be credited to this account, to remain available until
expended: Provided further, That <<NOTE: Fellowships and
scholarships. Consultation.>> a portion of the Fulbright awards from
the Eurasia and Central Asia regions shall be designated as Edmund S.
Muskie Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated under this
heading that are made available for the Benjamin Gilman International
Scholarships Program shall also be made available for the John S. McCain
Scholars Program, pursuant to section 7075 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided further,
That <<NOTE: Consultation.>> funds appropriated under this heading
shall be made available for a Civil Society Exchange Program, in
accordance with the requirements specified under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), and following consultation with
the Committees on Appropriations: Provided further,
That <<NOTE: Consultation. Notification.>> any substantive
modifications from the prior fiscal year to programs funded by this Act
under this heading shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,212,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2021.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $769,800,000, to remain
available until September 30, 2024, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be available
for acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,205,649,000, to remain
available until expended, of which $424,087,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred
[[Page 133 STAT. 2819]]
to, and merged with, funds appropriated by this Act under the heading
``Repatriation Loans Program Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$5,563,619.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions <<NOTE: United Nations. Notifications.>> to international
organizations
For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
provided for, to meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified pursuant to
the advice and consent of the Senate, conventions, or specific Acts of
Congress, $1,473,806,000, of which $96,240,000, to remain available
until September 30, 2021, is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That <<NOTE: Budget.>> the Secretary of State
shall, at the time of the submission of the President's budget to
Congress under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial budget
prepared by the United Nations for the operations of the United Nations:
Provided further, That <<NOTE: Deadline.>> the Secretary of State
shall notify the Committees on Appropriations at least 15 days in
advance (or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the United
Nations budget: Provided further, That any payment of arrearages under
this heading shall be directed to activities
[[Page 133 STAT. 2820]]
that are mutually agreed upon by the United States and the respective
international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That none of the funds appropriated under this heading shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known to
the United States Government by such organization for loans incurred on
or after October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,526,383,000, of
which $988,656,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That of the funds made available under this
heading, up to $1,069,315,000 may remain available until September 30,
2021: Provided further, That <<NOTE: Deadline. United
Nations. Notifications.>> none of the funds made available by this Act
shall be obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an emergency
as far in advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the mission, the
objectives of the mission, the national interest that will be served,
and the exit strategy; and (2) the sources of funds, including any
reprogrammings or transfers, that will be used to pay the cost of the
new or expanded mission, and the estimated cost in future fiscal years:
Provided further, That <<NOTE: Certification. Reports. Human
rights. Public information. Web posting.>> none of the funds
appropriated under this heading may be made available for obligation
unless the Secretary of State certifies and reports to the Committees on
Appropriations on a peacekeeping mission-by-mission basis that the
United Nations is implementing effective policies and procedures to
prevent United Nations employees, contractor personnel, and peacekeeping
troops serving in such mission from trafficking in persons, exploiting
victims of trafficking, or committing acts of sexual exploitation and
abuse or other violations of human rights, and to hold accountable
individuals who engage in such acts while participating in such mission,
including prosecution in their home countries and making information
about such prosecutions publicly available on the website of the United
Nations: Provided further, That the Secretary <<NOTE: Procedures. Human
rights.>> of State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement effective
vetting procedures to ensure that such troops have not violated human
rights: Provided further, That <<NOTE: Determination.>> funds shall be
available for peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further,
That <<NOTE: President. Recommenda- tion.>> none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless
[[Page 133 STAT. 2821]]
the President's military advisors have submitted to the President a
recommendation that such involvement is in the national interest of the
United States and the President has submitted to Congress such a
recommendation: Provided further, That <<NOTE: Evaluation.>> the
Secretary of State shall work with the United Nations and members of the
United Nations Security Council to evaluate and prioritize peacekeeping
missions, and to consider a drawdown when mission goals have been
substantially achieved: Provided further, That <<NOTE: Notification.>>
any payment of arrearages with funds appropriated by this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations.
International Commissions
For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
provided for, to meet obligations of the United States arising under
treaties, or specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For <<NOTE: Compliance.>> necessary expenses for the United States
Section of the International Boundary and Water Commission, United
States and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for representation
expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $48,170,000.
construction
For detailed plan preparation and construction of authorized
projects, $36,900,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by the North American
Free Trade Agreement Implementation Act (Public Law 103-182),
$15,008,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up to $1,250,000 may remain
available until September 30, 2021, and up to $9,000 may be made
available for representation expenses: Provided further, That of the
amount provided under this heading for the International Boundary
Commission, up to $1,000 may be made available for representation
expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $62,718,000: Provided,
That the United States share of such expenses may be
[[Page 133 STAT. 2822]]
advanced to the respective commissions pursuant to section 3324 of title
31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for Global
Media (USAGM), as authorized, to carry out international communication
activities, and to make and supervise grants for radio, Internet, and
television broadcasting to the Middle East, $798,696,000: Provided,
That in addition to amounts otherwise available for such purposes, up to
$40,708,000 of the amount appropriated under this heading may remain
available until expended for satellite transmissions and Internet
freedom programs, of which not less than $20,000,000 shall be for
Internet freedom programs: Provided further, That of the total amount
appropriated under this heading, not to exceed $35,000 may be used for
representation expenses, of which $10,000 may be used for such expenses
within the United States as authorized, and not to exceed $30,000 may be
used for representation expenses of Radio Free Europe/Radio Liberty:
Provided further, That <<NOTE: Notification. Deadline. Determination.>>
the USAGM shall notify the Committees on Appropriations within 15 days
of any determination by the USAGM that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism,
or is in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's
journalistic code of ethics: Provided further, That in addition to
funds made available under this heading, and notwithstanding any other
provision of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available until expended
for carrying out authorized purposes: Provided further,
That <<NOTE: Notification.>> significant modifications to USAGM
broadcast hours previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite, Internet, and
television), for all USAGM language services shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That up to $7,000,000 from the USAGM Buying Power
Maintenance account may be transferred to, and merged with, funds
appropriated by this Act under the heading ``International Broadcasting
Operations'', which shall remain available until expended: Provided
further, That <<NOTE: Consultation. Notification.>> such transfer
authority is in addition to any transfer authority otherwise available
under any other provision of law and shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That <<NOTE: Time
period. 22 USC 6203 note.>> any reference to the ``Broadcasting Board
of Governors'' or ``BBG'', including in any account providing amounts to
the Broadcasting Board of Governors, in any Act making appropriations
for the Department of State, foreign operations, and related programs
enacted before, on, or
[[Page 133 STAT. 2823]]
after the date of the enactment of this Act shall for this fiscal year,
and any fiscal year thereafter, be construed to mean the ``United States
Agency for Global Media'' or ``USAGM'', respectively.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such purposes,
$11,700,000, to remain available until expended, as authorized, of which
not less than $2,000,000 shall be made available for emergency repairs
to USAGM transmitting stations.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $19,000,000, to remain available until
expended: Provided, That <<NOTE: Apportionment. Deadline.>> funds
appropriated under this heading shall be apportioned and obligated to
the Foundation not later than 60 days after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $45,000,000, to remain available until September 30, 2021,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2020, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2020, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
[[Page 133 STAT. 2824]]
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2020, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000: Provided, That <<NOTE: Apportionment. Deadline.>> funds
appropriated under this heading shall be apportioned and obligated to
the Center not later than 60 days after enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment
for Democracy, as authorized by the National Endowment for Democracy Act
(22 U.S.C. 4412), $300,000,000, to remain available until expended, of
which $195,840,000 shall be allocated in the traditional and customary
manner, including for the core institutes, and $104,160,000 shall be for
democracy programs: Provided, That the requirements of section 7061(a)
of this Act shall not apply to funds made available under this heading:
Provided further, That <<NOTE: Apportionment. Deadline.>> funds
appropriated under this heading shall be apportioned and obligated to
the Endowment not later than 60 days after enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $675,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may procure
temporary, intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further,
That <<NOTE: Termination date. Notification.>> such authority shall
terminate on October 1, 2020: Provided further, That the Commission
shall notify the Committees on Appropriations prior to exercising such
authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et
seq.), $4,500,000, to remain available until September 30,
[[Page 133 STAT. 2825]]
2021, including not more than $4,000 for representation expenses:
Provided, That <<NOTE: Consultation. Notification.>> prior to the
obligation of $1,000,000 of the funds appropriated under this heading,
the Commission shall consult with the appropriate congressional
committees on the status of legislation to reauthorize the Commission,
and such funds shall be subject to the regular notification procedures
of the Committees on Appropriations.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.),
$2,579,000, including not more than $4,000 for representation expenses,
to remain available until September 30, 2021.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2021.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2021:
Provided, That <<NOTE: Extension. Applicability.>> the authorities,
requirements, limitations, and conditions contained in the second
through sixth provisos under this heading in the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) shall continue in effect during
fiscal year 2020 and shall apply to funds appropriated under this
heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $1,377,246,000, of which
[[Page 133 STAT. 2826]]
up to $206,587,000 may remain available until September 30, 2021:
Provided, That <<NOTE: Contracts. Reports.>> none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' in this title may be made available to finance the
construction (including architect and engineering services), purchase,
or long-term lease of offices for use by the United States Agency for
International Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the Committees on
Appropriations at least 15 days prior to the obligation of funds for
such purposes: Provided further, That contracts or agreements entered
into with funds appropriated under this heading may entail commitments
for the expenditure of such funds through the following fiscal year:
Provided further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the Secretary of
State to transfer funds appropriated to carry out chapter 1 of part I of
such Act to ``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That of the funds appropriated or
made available under this heading, not to exceed $250,000 may be
available for representation and entertainment expenses, of which not to
exceed $5,000 may be available for entertainment expenses, and not to
exceed $100,500 shall be for official residence expenses, for USAID
during the current fiscal year: Provided further,
That <<NOTE: Consultation. Deadline.>> the USAID Administrator shall
consult with the Committees on Appropriations not later than 60 days
after enactment of this Act on changes to the account structure as
described in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $210,300,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That
funds <<NOTE: Notification.>> appropriated under this heading shall be
available subject to the regular notification procedures of the
Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $75,500,000, of which up to
$11,325,000 may remain available until September 30, 2021, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
[[Page 133 STAT. 2827]]
global health programs
For <<NOTE: Apportionment. Deadline.>> necessary expenses to carry
out the provisions of chapters 1 and 10 of part I of the Foreign
Assistance Act of 1961, for global health activities, in addition to
funds otherwise available for such purposes, $3,162,450,000, to remain
available until September 30, 2021, and which shall be apportioned
directly to the United States Agency for International Development not
later than 60 days after enactment of this Act: Provided, That this
amount shall be made available for training, equipment, and technical
assistance to build the capacity of public health institutions and
organizations in developing countries, and for such activities as: (1)
child survival and maternal health programs; (2) immunization and oral
rehydration programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and children, and
related education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the prevention,
treatment, control of, and research on HIV/AIDS, tuberculosis, polio,
malaria, and other infectious diseases including neglected tropical
diseases, and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6) disaster
preparedness training for health crises; (7) programs to prevent,
prepare for, and respond to, unanticipated and emerging global health
threats; and (8) family planning/reproductive health: Provided further,
That funds appropriated under this paragraph may be made available for a
United States contribution to The GAVI
Alliance: <<NOTE: President. Determination.>> Provided further, That
none of the funds made available in this Act nor any unobligated
balances from prior appropriations Acts may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That <<NOTE: Determination. Deadline.>> any determination made under
the previous proviso must be made not later than 6 months after the date
of enactment of this Act, and must be accompanied by the evidence and
criteria utilized to make the determination: Provided further, That
none of the funds made available under this Act may be used to pay for
the performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That none of the funds made
available under this Act may be used to lobby for or against abortion:
Provided further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through referral to,
or information about access to, a broad range of family planning methods
and services, and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or referral
agents in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in
[[Page 133 STAT. 2828]]
exchange for becoming a family planning acceptor; or (B) program
personnel for achieving a numerical target or quota of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) <<NOTE: Time
period. Determination. Requirements.>> the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which participants
are advised of potential risks and benefits; and, not less than 60 days
after the date on which the USAID Administrator determines that there
has been a violation of the requirements contained in paragraph (1),
(2), (3), or (5) of this proviso, or a pattern or practice of violations
of the requirements contained in paragraph (4) <<NOTE: Reports.>> of
this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the
Agency: <<NOTE: Grants. Compliance. Requirements.>> Provided further,
That in awarding grants for natural family planning under section 104 of
the Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling about
all pregnancy options: Provided further, That information provided
about the use of condoms as part of projects or activities that are
funded from amounts appropriated by this Act shall be medically accurate
and shall include the public health benefits and failure rates of such
use.
In <<NOTE: Apportionment. Deadline.>> addition, for necessary
expenses to carry out the provisions of the Foreign Assistance Act of
1961 for the prevention, treatment, and control of, and research on,
HIV/AIDS, $5,930,000,000, to remain available until September 30, 2024,
which shall be apportioned directly to the Department of State not later
than 60 days after enactment of this Act: Provided, That funds
appropriated under this paragraph may be made available, notwithstanding
any other provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-
25), for a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That the
amount of such contribution shall be $1,560,000,000 and shall be for the
first installment of the sixth replenishment: Provided further,
That <<NOTE: Notification.>> up to 5 percent of the aggregate amount of
funds made available to the Global Fund in fiscal year 2020 may be made
available to USAID for technical assistance related to the activities of
the Global Fund, subject to the regular
[[Page 133 STAT. 2829]]
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this paragraph, up to
$17,000,000 may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the Office
of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $3,400,000,000, to remain available
until September 30, 2021: Provided,
That <<NOTE: Apportionment. Deadline.>> funds made available under this
heading shall be apportioned directly to the United States Agency for
International Development not later than 60 days after enactment of this
Act.
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $4,395,362,000, to remain
available until expended, of which $1,733,980,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided,
That <<NOTE: Apportionment. Deadline.>> funds made available under this
heading shall be apportioned to the United States Agency for
International Development not later than 60 days after enactment of this
Act.
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961, and to
support transition to democracy and long-term development of countries
in crisis, $92,043,000, to remain available until expended: Provided,
That such support may include assistance to develop, strengthen, or
preserve democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict:
Provided further, That <<NOTE: Reports. Deadline.>> the USAID
Administrator shall submit a report to the Committees on Appropriations
at least 5 days prior to beginning a new program of assistance:
Provided further, That <<NOTE: Determination.>> if the Secretary of
State determines that it is important to the national interest of the
United States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That <<NOTE: Consultation.>> funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities
[[Page 133 STAT. 2830]]
administered by the United States Agency for International Development
to prevent or respond to emerging or unforeseen foreign challenges and
complex crises overseas, $30,000,000, to remain available until
expended: Provided, That funds appropriated under this heading may be
made available on such terms and conditions as are appropriate and
necessary for the purposes of preventing or responding to such
challenges and crises, except that no funds shall be made available for
lethal assistance or to respond to natural disasters: Provided further,
That funds appropriated under this heading may be made available
notwithstanding any other provision of law, except sections 7007, 7008,
and 7018 of this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That funds appropriated under this heading may
be used for administrative expenses, in addition to funds otherwise
available for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided further,
That <<NOTE: Apportionment. Deadline.>> funds appropriated under this
heading shall be apportioned to USAID not later than 60 days after
enactment of this Act: Provided further,
That <<NOTE: Notifications. Deadline.>> funds appropriated under this
heading shall be subject to the regular notification procedures of the
Committees on Appropriations, except that such notifications shall be
transmitted at least 5 days prior to the obligation of funds.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $3,045,000,000, to remain
available until September 30, 2021.
democracy fund
For <<NOTE: Apportionment. Deadline.>> necessary expenses to carry
out the provisions of the Foreign Assistance Act of 1961 for the
promotion of democracy globally, including to carry out the purposes of
section 502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$178,450,000, to remain available until September 30, 2021, which shall
be made available for the Human Rights and Democracy Fund of the Bureau
of Democracy, Human Rights, and Labor, Department of State, and shall be
apportioned to such Bureau not later than 60 days after enactment of
this Act: Provided, That funds appropriated under this heading that are
made available to the National Endowment for Democracy and its core
institutes are in addition to amounts otherwise available by this Act
for such purposes: <<NOTE: Consultation.>> Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior to
the initial obligation of funds appropriated under this paragraph.
For <<NOTE: Apportionment. Deadline.>> an additional amount for
such purposes, $95,250,000, to remain available until September 30,
2021, which shall be made available for the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development, and shall be apportioned to such Bureau not
later than 60 days after enactment of this Act.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public
[[Page 133 STAT. 2831]]
Law 102-511), and the Support for Eastern European Democracy (SEED) Act
of 1989 (Public Law 101-179), $770,334,000, to remain available until
September 30, 2021, which shall be available, notwithstanding any other
provision of law, except section 7047 of this Act, for assistance and
related programs for countries identified in section 3 of the FREEDOM
Support Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989
(22 U.S.C. 5402), in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of the FREEDOM Support Act and section 601 of
the SEED Act of 1989: Provided further, That <<NOTE: Consideration.>>
funds appropriated under this heading shall be considered to be economic
assistance under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in that Act
for the use of economic assistance: Provided further, That funds
appropriated under this heading may be made available for contributions
to multilateral initiatives to counter hybrid
threats: <<NOTE: Notification.>> Provided further, That any
notification of funds made available under this heading in this Act or
prior Acts making appropriations for the Department of State, foreign
operations, and related programs shall include information (if known on
the date of transmittal of such notification) on the use of
notwithstanding authority: <<NOTE: Notification.>> Provided further,
That if subsequent to the notification of assistance it becomes
necessary to rely on notwithstanding authority, the Committees on
Appropriations should be informed at the earliest opportunity and to the
extent practicable.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
and other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
by sections 5921 through 5925 of title 5, United States Code; purchase
and hire of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $3,432,000,000, to remain
available until expended, of which: $1,521,355,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985; not less than $35,000,000 shall
be made available to respond to small-scale emergency humanitarian
requirements; and $5,000,000 shall be made available for refugees
resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
[[Page 133 STAT. 2832]]
2601(c)), $100,000, to remain available until expended: Provided, That
amounts in excess of the limitation contained in paragraph (2) of such
section shall be transferred to, and merged with, funds made available
by this Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States, $410,500,000, of which $6,330,000 is for
the Office of Inspector General, to remain available until September 30,
2021: Provided, That the Director of the Peace Corps may transfer to
the Foreign Currency Fluctuations Account, as authorized by section 16
of the Peace Corps Act (22 U.S.C. 2515), an amount not to exceed
$5,000,000: Provided further, That funds transferred pursuant to the
previous proviso may not be derived from amounts made available for
Peace Corps overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may be available
for representation expenses, of which not to exceed $4,000 may be made
available for entertainment expenses: <<NOTE: Abortion.>> Provided
further, That none of the funds appropriated under this heading shall be
used to pay for abortions: <<NOTE: Applicability.>> Provided further,
That notwithstanding the previous proviso, section 614 of division E of
Public Law 113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $905,000,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, up to $105,000,000 may be available for
administrative expenses of the Millennium Challenge
Corporation: <<NOTE: Applicability.>> Provided further, That section
605(e) of the MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated
under this heading: Provided further, That funds appropriated under
this heading may be made available for a Millennium Challenge Compact
entered into pursuant to section 609 of the MCA (22 U.S.C. 7708) only if
such Compact obligates, or contains a commitment to obligate subject to
the availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That no country should be eligible for a threshold program after such
country has completed a country compact: Provided further, That of the
funds appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment expenses, of which not to
exceed $5,000 may be available for entertainment expenses.
[[Page 133 STAT. 2833]]
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $37,500,000, to remain available
until September 30, 2021: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$33,000,000, to remain available until September 30, 2021, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further,
That <<NOTE: Waiver authority.>> notwithstanding section 505(a)(2) of
the African Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF may waive
the $250,000 limitation contained in that section with respect to a
project and a project may exceed the limitation by up to 10 percent if
the increase is due solely to foreign currency fluctuation: Provided
further, That <<NOTE: Reports.>> the USADF shall submit a report to the
appropriate congressional committees after each time such waiver
authority is exercised: Provided further, That the USADF may make rent
or lease payments in advance from appropriations available for such
purpose for offices, buildings, grounds, and quarters in Africa as may
be necessary to carry out its functions: Provided further, That the
USADF may maintain bank accounts outside the United States Treasury and
retain any interest earned on such accounts, in furtherance of the
purposes of the African Development Foundation Act: Provided further,
That the USADF may not withdraw any appropriation from the Treasury
prior to the need of spending such funds for program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $30,000,000, to remain available
until expended, of which not more than $6,000,000 may be used for
administrative expenses: Provided, That amounts made available under
this heading may be made available to contract for services as described
in section 129(d)(3)(A) of the Foreign Assistance Act of 1961, without
regard to the location in which such services are performed.
debt restructuring
For <<NOTE: President. Determination.>> the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of modifying loans
and loan guarantees, as
[[Page 133 STAT. 2834]]
the President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to part V of the Foreign
Assistance Act of 1961, $15,000,000, to remain available until September
30, 2021.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,391,000,000, to remain available until
September 30, 2021: Provided, That <<NOTE: Notification.>> the
Department of State may use the authority of section 608 of the Foreign
Assistance Act of 1961, without regard to its restrictions, to receive
excess property from an agency of the United States Government for the
purpose of providing such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That <<NOTE: Notification.>> section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds appropriated
under this heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That funds
appropriated under this heading shall be made available to support
training and technical assistance for foreign law enforcement,
corrections, judges, and other judicial authorities, utilizing regional
partners: Provided further, That <<NOTE: Notification.>> funds made
available under this heading that are transferred to another department,
agency, or instrumentality of the United States Government pursuant to
section 632(b) of the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a) of such
Act, shall be subject to the regular notification procedures of the
Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $895,750,000, to remain
available until September 30, 2021, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
Foreign Assistance Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961 for
a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory
[[Page 133 STAT. 2835]]
Commission, and for a voluntary contribution to the International Atomic
Energy Agency (IAEA): Provided,
That <<NOTE: Consultation. Notification.>> funds made available under
this heading for the Nonproliferation and Disarmament Fund shall be made
available, notwithstanding any other provision of law and subject to
prior consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and weapons
destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than
the Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the United
States to do so: Provided further,
That <<NOTE: Determination. Israel.>> funds appropriated under this
heading may be made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to participate in the
activities of that Agency: Provided further,
That <<NOTE: Notification.>> funds made available for conventional
weapons destruction programs, including demining and related activities,
in addition to funds otherwise available for such purposes, may be used
for administrative expenses related to the operation and management of
such programs and activities, subject to the regular notification
procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $457,348,000, of which $325,213,000,
to remain available until September 30, 2021, is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided, That funds
appropriated under this heading may be used, notwithstanding section 660
of the Foreign Assistance Act of 1961, to provide assistance to enhance
the capacity of foreign civilian security forces, including gendarmes,
to participate in peacekeeping operations: Provided further, That of
the funds appropriated under this heading, not less than $31,000,000
shall be made available for a United States contribution to the
Multinational Force and Observers mission in the Sinai and not less than
$71,000,000 shall be made available for the Global Peace Operations
Initiative: Provided further, That funds appropriated under this
heading may be made available to pay assessed expenses of international
peacekeeping activities in Somalia under the same terms and conditions,
as applicable, as funds appropriated by this Act under the heading
``Contributions for International Peacekeeping Activities'': Provided
further, That <<NOTE: Notification.>> none of the funds appropriated
under this heading shall be obligated except as provided through the
regular notification procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For <<NOTE: Consultation. Plan.>> necessary expenses to carry out
the provisions of section 541 of the Foreign Assistance Act of 1961,
$112,925,000, of which up to $11,000,000 may remain available until
September 30, 2021 and may not be obligated until the Secretary of State
submits to the Committees on Appropriations, following consultation with
[[Page 133 STAT. 2836]]
such Committees, a monitoring and evaluation plan for funds made
available under this heading, as described under this heading in Senate
Report 116-126: Provided, That the civilian personnel for whom military
education and training may be provided under this heading may include
civilians who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further, That of the
funds appropriated under this heading, not to exceed $50,000 may be
available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,156,924,000, of which $511,909,000, to remain available
until September 30, 2021, is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided,
That <<NOTE: Consultation. Notification. Contracts.>> to expedite the
provision of assistance to foreign countries and international
organizations, the Secretary of State, following consultation with the
Committees on Appropriations and subject to the regular notification
procedures of such Committees, may use the funds appropriated under this
heading to procure defense articles and services to enhance the capacity
of foreign security forces: Provided further,
That <<NOTE: Grants. Israel. Disbursement. Deadline. Israel.>> of the
funds appropriated under this heading, not less than $3,300,000,000
shall be available for grants only for Israel which shall be disbursed
within 30 days of enactment of this Act: Provided further, That to the
extent that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be available for
advanced weapons systems, of which not less than $805,300,000 shall be
available for the procurement in Israel of defense articles and defense
services, including research and development: Provided further, That
funds appropriated or otherwise made available under this heading shall
be nonrepayable notwithstanding any requirement in section 23 of the
Arms Export Control Act: Provided further, That funds made available
under this heading shall be obligated upon apportionment in accordance
with paragraph (5)(C) of section 1501(a) of title 31, United States
Code.
None <<NOTE: Contracts.>> of the funds made available under this
heading shall be available to finance the procurement of defense
articles, defense services, or design and construction services that are
not sold by the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement has
first signed an agreement with the United States Government specifying
the conditions under which such procurement may be financed with such
funds: Provided, That <<NOTE: Notification.>> all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used,
notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales Financing
[[Page 133 STAT. 2837]]
Program'' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading for procurement of defense articles, defense services, or design
and construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles and
services: <<NOTE: Notification.>> Provided further, That not more than
$70,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this heading
for general costs of administering military assistance and sales, not to
exceed $4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses: Provided
further, That <<NOTE: Notification.>> not more than $1,082,200,000 of
funds realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for expenses
incurred by the Department of Defense during fiscal year 2020 pursuant
to section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b)),
except that this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, $390,500,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund: Provided further,
That <<NOTE: Deadline. Consultation. Notification.>> not later than 60
days after enactment of this Act, such funds shall be made available for
core contributions for each entity listed in the table under this
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) unless otherwise
provided for in this Act, or if the Secretary of State has justified the
proposed uses of funds other than for core contributions following prior
consultation with, and subject to the regular notification procedures
of, the Committees on Appropriations.
International Financial Institutions
global environment facility
For <<NOTE: Deadline.>> payment to the International Bank for
Reconstruction and Development as trustee for the Global Environment
Facility by the Secretary of the Treasury, $139,575,000, to remain
available until, and to be fully disbursed not later than, September 30,
2021: Provided, That <<NOTE: Deadline.>> of such amount, $136,563,000,
which shall
[[Page 133 STAT. 2838]]
remain available until September 30, 2020, is only available for the
second installment of the seventh replenishment of the Global
Environment Facility, and shall be obligated and disbursed not later
than 90 days after enactment of this Act: Provided further,
That <<NOTE: Reports. Time period.>> the Secretary shall report to the
Committees on Appropriations on the status of funds provided under this
heading not less than quarterly until fully disbursed: Provided
further, That <<NOTE: Timeline.>> in such report the Secretary shall
provide a timeline for the obligation and disbursement of any funds that
have not yet been obligated or disbursed.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States share
of the paid-in portion of the increases in capital stock, $206,500,000,
to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share of
increases in capital stock in an amount not to exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,097,010,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $47,395,000, to remain available until
expended.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For <<NOTE: Deadline.>> payment to the International Fund for
Agricultural Development by the Secretary of the Treasury, $30,000,000,
to remain available until, and to be fully disbursed no later than,
September 30, 2021, for the second installment of the eleventh
replenishment of the International Fund for Agricultural Development:
Provided, That <<NOTE: Reports. Time period.>> the Secretary of the
Treasury shall report to the Committees on Appropriations on the status
of such payment not less than quarterly until fully disbursed: Provided
further, That <<NOTE: Timeline.>> in such report the Secretary shall
provide a timeline for the obligation and disbursement of any funds that
have not yet been obligated or disbursed.
[[Page 133 STAT. 2839]]
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $5,700,000, of which up to $855,000 may remain available
until September 30, 2021.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That <<NOTE: Contracts.>>
none of the funds available during the current fiscal year may be used
to make expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other than a
nuclear-weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000, of which up to $16,500,000 may remain available
until September 30, 2021: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further,
That <<NOTE: Fees.>> the Bank shall charge fees for necessary expenses
(including special services performed on a contract or fee basis, but
not including other personal services) in connection with the collection
of moneys owed the Bank, repossession or sale of pledged collateral or
other assets acquired by the Bank in satisfaction of moneys owed the
Bank, or the investigation or appraisal of any property, or the
evaluation of the legal, financial, or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, or systems infrastructure directly supporting
transactions: Provided further, That in addition to other funds
appropriated for administrative expenses, such fees shall be credited to
this account for such purposes, to remain available until expended.
[[Page 133 STAT. 2840]]
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $2,000,000, to remain available until September 30, 2021.
corporate capital account
The United States International Development Finance Corporation (the
Corporation) is authorized to make such expenditures and commitments
within the limits of funds and borrowing authority available to the
Corporation, and in accordance with the law, and to make such
expenditures and commitments without regard to fiscal year limitations,
as provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the programs for the current fiscal year for
the Corporation: Provided, That for necessary expenses of the
activities described in subsections (b), (c), (e), (f), and (g) of
section 1421 of the BUILD Act of 2018 (division F of Public Law 115-254)
and for administrative expenses to carry out authorized activities and
project-specific transaction costs described in section 1434(d) of such
Act, $299,000,000: Provided further, That of the amount provided--
(1) $119,000,000 shall remain available until September 30,
2022, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section
1434(k) of such Act, of which $1,000,000 shall remain available
until September 30, 2024;
(2) $150,000,000 shall remain available until September 30,
2022, for the activities described in section 1421(c) of such
Act, except such amounts obligated in a fiscal year shall remain
available for disbursement for the term of the underlying
project: Provided further, That <<NOTE: Time
period. Notification.>> if the term of the project extends
longer than 10 fiscal years, the Chief Executive Officer of the
Corporation shall inform the appropriate congressional
committees prior to the obligation or disbursement of funds, as
applicable: Provided further,
That <<NOTE: Guidelines. Criteria.>> amounts may only be
obligated after the Chief Executive Officer of the Corporation
submits to the appropriate congressional committees the
guidelines and criteria required by paragraph (3) of such
section; and
[[Page 133 STAT. 2841]]
(3) $30,000,000 shall be paid to the ``United States
International Development Finance Corporation--Program Account''
for programs authorized by subsections (b), (e), (f), and (g) of
section 1421 of the BUILD Act of 2018 (division F of Public Law
115-254):
Provided further, That <<NOTE: Consultation. Notification.>> funds
may only be obligated pursuant to section 1421(g) of the BUILD Act of
2018 subject to prior consultation with the appropriate congressional
committees and the regular notification procedures of the Committees on
Appropriations: Provided further, That <<NOTE: Collections. 22 USC 9634
note.>> in this fiscal year, and each fiscal year thereafter, the
Corporation shall collect the amounts described in section 1434(h) of
the BUILD Act of 2018: Provided further, That in fiscal year 2020 such
collections shall be credited as offsetting collections to this
appropriation: Provided further, That such collections collected in
fiscal year 2020 in excess of $299,000,000 shall be credited to this
account and shall be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That in
fiscal year 2020, if such collections are less than $299,000,000,
receipts collected pursuant to the BUILD Act of 2018 and the Federal
Credit Reform Act of 1990, in an amount equal to such shortfall, shall
be credited as offsetting collections to this appropriation: Provided
further, That funds appropriated or otherwise made available under this
heading may not be used to provide any type of assistance that is
otherwise prohibited by any other provision of law or to provide
assistance to any foreign country that is otherwise prohibited by any
other provision of law: Provided further, That <<NOTE: Reduction.>>
the sums herein appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by the offsetting collections described under
this heading so as to result in a final fiscal year appropriation from
the General Fund estimated at $0.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2022: Provided, That up to $80,000,000 of amounts
paid to this account from CCA or transferred to this account pursuant to
section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
254) shall be available for the costs of direct and guaranteed loans
provided by the Corporation pursuant to section 1421(b) of such Act:
Provided further, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such amounts obligated in a fiscal
year shall remain available for disbursement for the following 8 fiscal
years: Provided further, That funds transferred to carry out the
Foreign Assistance Act of 1961 pursuant to section 1434(j) of the BUILD
Act of 2018 may remain available for obligation for 1 additional fiscal
year: Provided further, That the total loan principal or guaranteed
principal amount shall not exceed $8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2021, of which no more than $19,000,000 may be used
for administrative expenses: Provided,
[[Page 133 STAT. 2842]]
That of the funds appropriated under this heading, not more than $5,000
may be available for representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any <<NOTE: Time period. Records.>> department or
agency of the United States Government to which funds are appropriated
or otherwise made available by this Act shall provide to the Committees
on Appropriations a quarterly accounting of cumulative unobligated
balances and obligated, but unexpended, balances by program, project,
and activity, and Treasury Account Fund Symbol of all funds received by
such department or agency in fiscal year 2020 or any previous fiscal
year, disaggregated by fiscal year: Provided, That the report required
by this section shall be submitted not later than 30 days after the end
of each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The <<NOTE: Contracts.>> expenditure of any
appropriation under title I of this Act for any consulting service
through procurement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A of
H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106-
113 and contained in appendix G of that Act), as amended by section 111
of the Department of State Authorities Act, Fiscal Year 2017 (Public Law
114-323), a project to construct a facility of the United States may
include office space or other accommodations for members of the United
States Marine Corps.
(b) <<NOTE: Consultation. Determination.>> New Diplomatic
Facilities.--For the purposes of calculating the fiscal year 2020 costs
of providing new United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director
[[Page 133 STAT. 2843]]
of the Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is proportional to the
contribution of the Department of State for this purpose.
(c) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2020,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include the
information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 116-78.
(d) Interim and Temporary Facilities Abroad.--
(1) <<NOTE: Consultation.>> Security vulnerabilities.--
Funds appropriated by this Act under the heading ``Embassy
Security, Construction, and Maintenance'' may be made available,
following consultation with the appropriate congressional
committees, to address security vulnerabilities at interim and
temporary United States diplomatic facilities abroad, including
physical security upgrades and local guard staffing, except that
the amount of funds made available for such purposes from this
Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be a
minimum of $25,000,000.
(2) <<NOTE: Notification. Waiver authority.>>
Consultation.--Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an interim
or temporary United States diplomatic facility shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations, except that such consultation and
notification may be waived if there is a security risk to
personnel.
(e) Soft Targets.--Of the funds appropriated by this Act under the
heading ``Embassy Security, Construction, and Maintenance'', not less
than $10,000,000 shall be made available for security upgrades to soft
targets, including schools, recreational facilities, and residences used
by United States diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within
[[Page 133 STAT. 2844]]
the United States not authorized before enactment of this Act by
Congress: Provided, That up to $25,000 may be made available to carry
out the provisions of section 316 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a
note).
prohibition against direct funding for certain countries
Sec. 7007. None <<NOTE: Cuba. North Korea. Iran. Syria.>> of the
funds appropriated or otherwise made available pursuant to titles III
through VI of this Act shall be obligated or expended to finance
directly any assistance or reparations for the governments of Cuba,
North Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall include
direct loans, credits, insurance, and guarantees of the Export-Import
Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided,
That <<NOTE: Certification. Reports.>> assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply to
assistance to promote democratic elections or public participation in
democratic processes: Provided further, That <<NOTE: Notification.>>
funds made available pursuant to the previous provisos shall be subject
to the regular notification procedures of the Committees on
Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for
Global Media.--
(1) Department of State.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the
Department of State under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers, and
no such transfer may be made to increase the appropriation under
the heading ``Representation Expenses''.
(B) <<NOTE: Determination. Reports. Consultation. Notification.>>
Embassy security.--Funds appropriated under the headings
``Diplomatic Programs'', including for Worldwide Security
Protection, ``Embassy Security, Construction, and Maintenance'',
and ``Emergencies in the Diplomatic and Consular Service'' in
this Act may be transferred to, and merged with, funds
appropriated under such headings if the Secretary of
[[Page 133 STAT. 2845]]
State determines and reports to the Committees on Appropriations
that to do so is necessary to implement the recommendations of
the Benghazi Accountability Review Board, for emergency
evacuations, or to prevent or respond to security situations and
requirements, following consultation with, and subject to the
regular notification procedures of, such Committees: Provided,
That such transfer authority is in addition to any transfer
authority otherwise available in this Act and under any other
provision of law.
(2) United States Agency for Global Media.--Not to exceed 5 percent
of any appropriation made available for the current fiscal year for the
United States Agency for Global Media under title I of this Act may be
transferred between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers.
(3) Treatment as Reprogramming.--Any transfer pursuant to this
subsection shall be treated as a reprogramming of funds under section
7015 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of the BUILD
Act of 2018 (division F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement in
the previous sentence shall not apply to agreements entered into
between USAID and the Department of State.
(c) United States International Development Finance Corporation.--
(1) Limitation.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law
[[Page 133 STAT. 2846]]
115-254) may only be transferred from funds made available under
title III of this Act, and such amounts shall not exceed
$50,000,000: Provided,
That <<NOTE: Consultation. Notification.>> any such transfers
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State, the Administrator
of the United States Agency for International Development, and
the Chief Executive Officer of the United States International
Development Finance Corporation (the Corporation), as
appropriate, shall ensure that the programs funded by such
transfers are coordinated with, and complement, foreign
assistance programs implemented by the Department of State and
USAID: Provided further, That no funds transferred pursuant to
such authority may be used by the Corporation to post personnel
abroad or for activities described in section 1421(c) of such
Act.
(2) Development credit authority account.--Funds transferred
from the Development Credit Authority program account of the
United States Agency for International Development to the
Corporate Capital Account of the United States International
Development Finance Corporation pursuant to section 1434(i) of
the BUILD Act of 2018 (division F of Public Law 115-254) shall
be transferred to, and merged with, such account, and may
thereafter be deemed to meet any minimum funding requirements
attributed for at the time of deposit into the Development
Credit Authority program account.
(d) <<NOTE: President. Deadline. Consultation. Policy
justification.>> Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be obligated
under an appropriations account to which such funds were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, not less than 5 days prior to the exercise of
any authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any agreement for the
transfer or allocation of funds appropriated by this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs entered into between the Department of State or
USAID and another agency of the United States Government under the
authority of section 632(a) of the Foreign Assistance Act of 1961, or
any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic program
and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
(f) Transfer of Overseas Contingency Operations/global War on
Terrorism Funds.--Funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military Financing Program''
that are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency
[[Page 133 STAT. 2847]]
Deficit Control Act of 1985 may be transferred to, and merged with, such
funds appropriated under such headings: Provided, That such transfer
authority may only be exercised to address contingencies: Provided
further, That such transfer authority is in addition to any transfer
authority otherwise available under any other provision of law,
including section 610 of the Foreign Assistance Act of 1961: Provided
further, That <<NOTE: Consultation. Notification.>> such transfer
authority shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made available
by this Act may be used for first-class travel by employees of United
States Government departments and agencies funded by this Act in
contravention of section 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this Act
for the operating expenses of any United States Government department or
agency may be used to establish or maintain a computer network for use
by such department or agency unless such network has filters designed to
block access to sexually explicit websites: Provided, That nothing in
this subsection shall limit the use of funds necessary for any Federal,
State, tribal, or local law enforcement agency, or any other entity
carrying out the following activities: criminal investigations,
prosecutions, and adjudications; administrative discipline; and the
monitoring of such websites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products, or to seek the reduction or removal by
any foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' in title I, and ``Operating Expenses'' and
``Capital Investment Fund'' in title II that are made available to the
Department of State and the United States Agency for International
Development may be made available to support the use or establishment of
email accounts or email servers created outside the .gov domain or not
fitted for automated records management as part of a Federal government
records management program in contravention of the Presidential and
Federal Records Act Amendments of 2014 (Public Law 113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies funded in titles
III or VI of this Act, shall take steps to ensure that domestic and
overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
[[Page 133 STAT. 2848]]
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions, and
amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided by this Act: Provided,
That <<NOTE: Time period.>> funds appropriated for the purposes of
chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of
part II of the Foreign Assistance Act of 1961, section 23 of the Arms
Export Control Act (22 U.S.C. 2763), and funds made available for
``United States International Development Finance Corporation'' and
under the heading ``Assistance for Europe, Eurasia and Central Asia''
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further,
That <<NOTE: Time period.>> notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to address
balance of payments or economic policy reform objectives, shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially allocated or obligated before the expiration of their
respective periods of availability contained in this Act: Provided
further, That <<NOTE: Reports.>> the Secretary of State shall provide a
report to the Committees on Appropriations not later than October 31,
2020, detailing by account and source year, the use of this authority
during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No <<NOTE: Time
period. Loans. President. Determination. Consultation.>> part of any
appropriation provided under titles III through VI in this Act shall be
used to furnish assistance to the government of any country which is in
default during a period in excess of 1 calendar year in payment to the
United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a program
for which funds are appropriated under this Act unless the President
determines, following consultation with the Committees on
Appropriations, that assistance for such country is in the national
interest of the United States.
[[Page 133 STAT. 2849]]
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency for
International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent <<NOTE: Deadline.>> to 200 percent of the total taxes
assessed during fiscal year 2020 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs by a foreign government or entity
against United States assistance programs, either directly or through
grantees, contractors, and subcontractors, shall be withheld from
obligation from funds appropriated for assistance for fiscal year 2021
and for prior fiscal years and allocated for the central government of
such country or for the West Bank and Gaza program, as applicable, if,
not later than September 30, 2021, such taxes have not been reimbursed:
Provided, That <<NOTE: Reports.>> the Secretary of State shall report
to the Committees on Appropriations by such date on the foreign
governments and entities that have not reimbursed such taxes, including
any amount of funds withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) <<NOTE: Reports.>> In general.--The provisions of this
section shall not apply to any foreign government or entity that
assesses such taxes if the Secretary of State reports to the
Committees on Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) <<NOTE: Deadline.>> Consultation.--The Secretary of
State shall consult with the Committees on Appropriations at
least 15 days prior to exercising the authority of this
subsection with regard to any foreign government or entity.
(f) <<NOTE: Regulations. Guidance.>> Implementation.--The Secretary
of State shall issue and update rules, regulations, or policy guidance,
as appropriate, to implement the prohibition against the taxation of
assistance contained in this section.
[[Page 133 STAT. 2850]]
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the Government
of the United States and the government of the country receiving
assistance that describes the privileges and immunities
applicable to United States foreign assistance for such country
generally, or an individual agreement between the Government of
the United States and such government that describes, among
other things, the treatment for tax purposes that will be
accorded the United States assistance provided under that
agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall not
include individual income taxes assessed to local staff.
(h) <<NOTE: Consultation.>> Report.--Not later than 90 days after
enactment of this Act, the Secretary of State, in consultation with the
heads of other relevant agencies of the United States Government, shall
submit a report to the Committees on Appropriations on the requirements
contained under this section in House Report 116-78.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible by
operation of any provision of this or any other Act: Provided,
That <<NOTE: Notification.>> any such reprogramming shall be subject to
the regular notification procedures of the Committees on Appropriations:
Provided further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and conditions
as originally provided.
(b) <<NOTE: Determination. Reports.>> Extension of Availability.--
In addition to the authority contained in subsection (a), the original
period of availability of funds appropriated by this Act and
administered by the Department of State or the United States Agency for
International Development that are specifically designated for
particular programs or activities by this or any other Act may be
extended for an additional fiscal year if the Secretary of State or the
USAID Administrator, as appropriate, determines and reports promptly to
the Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period of
availability: Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated only for the
purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That specifically
designated funding levels or minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds <<NOTE: Deadlines.>> made available in
[[Page 133 STAT. 2851]]
titles I and II of this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs to the
departments and agencies funded by this Act that remain available for
obligation in fiscal year 2020, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or of
currency reflows or other offsetting collections, or made available by
transfer, to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available for obligation in fiscal year
2020, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the department and agency
funded under title I of this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from
a reduction in personnel, which would result in a change in
existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
``United States International Development Finance Corporation'', and
``Peace Corps'', shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days in
advance of such obligation:
[[Page 133 STAT. 2852]]
Provided, That <<NOTE: President.>> the President shall not enter into
any commitment of funds appropriated for the purposes of section 23 of
the Arms Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major defense
items defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on Appropriations
are notified 15 days in advance of such commitment: Provided further,
That requirements of this subsection or any similar provision of this or
any other Act shall not apply to any reprogramming for a program,
project, or activity for which funds are appropriated under titles III
through VI of this Act of less than 10 percent of the amount previously
justified to Congress for obligation for such program, project, or
activity for the current fiscal year: Provided further, That any
notification submitted pursuant to subsection (f) of this section shall
include information (if known on the date of transmittal of such
notification) on the use of notwithstanding authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) <<NOTE: Consultation.>> Programs.--None of the funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be made available to support or continue any
program initially funded under any authority of title 10, United
States Code, or any Act making or authorizing appropriations for
the Department of Defense, unless the Secretary of State, in
consultation with the Secretary of Defense and in accordance
with the regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees that
includes a description of, and the estimated costs associated
with, the support or continuation of such program.
(2) <<NOTE: Notification.>> Funding.--Notwithstanding any
other provision of law, funds transferred by the Department of
Defense to the Department of State and the United States Agency
for International Development for assistance for foreign
countries and international organizations shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if notification is
required elsewhere in this Act for the use of appropriated funds
for specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also be
informed of the original acquisition cost of such defense
articles.
[[Page 133 STAT. 2853]]
(e) <<NOTE: Notifications.>> Waiver.--The requirements of this
section or any similar provision of this Act or any other Act, including
any prior Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations, may be
waived if failure to do so would pose a substantial risk to human health
or welfare: Provided, That <<NOTE: Deadline.>> in case of any such
waiver, notification to the Committees on Appropriations shall be
provided as early as practicable, but in no event later than 3 days
after taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating such
waiver: Provided further, That <<NOTE: Notification.>> any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated or
expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti,
Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan,
Philippines, the Russian Federation, Somalia, South Sudan, Sri Lanka,
Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the Committees
on Appropriations.
(g) <<NOTE: Notification.>> Trust Funds.--Funds appropriated or
otherwise made available in title III of this Act and prior Acts making
funds available for the Department of State, foreign operations, and
related programs that are made available for a trust fund held by an
international financial institution shall be subject to the regular
notification procedures of the Committees on Appropriations and such
notification shall include the information specified under this section
in House Report 116-78.
(h) Other Program Notification Requirement.--
(1) <<NOTE: Consultation.>> Diplomatic programs.--Funds
appropriated under title I of this Act under the heading
``Diplomatic Programs'' that are made available for lateral
entry into the Foreign Service shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that are
made available for the following programs and activities shall
be subject to the regular notification procedures of the
Committees on Appropriations:
(A) <<NOTE: Consultation.>> the Global Engagement
Center, except that the Secretary of State shall consult
with the appropriate congressional committees prior to
submitting such notification;
(B) the Power Africa initiative, or any successor
program;
(C) community-based police assistance conducted
pursuant to the authority of section 7035(a)(1) of this
Act;
(D) the Relief and Recovery Fund and the Global
Fragility Fund, if enacted into law;
(E) the Indo-Pacific Strategy and the Countering
Chinese Influence Fund;
(F) the Global Security Contingency Fund;
(G) the Countering Russian Influence Fund;
(H) programs to end modern slavery; and
(I) the Women's Global Development and Prosperity
Fund.
[[Page 133 STAT. 2854]]
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) <<NOTE: Consultation.>> Foreign Assistance Review or
Realignment.--Programmatic, funding, and organizational changes
resulting from implementation of any foreign assistance review or
realignment shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That such notifications may be submitted in classified form, if
necessary.
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act shall be
available to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the Department of State and
the United States Agency for International Development.
(b) Records Management and Related Cybersecurity Protections.--The
Secretary of State and USAID Administrator shall--
(1) <<NOTE: Review. Updates. Compliance.>> regularly review
and update the policies, directives, and oversight necessary to
comply with Federal statutes, regulations, and presidential
executive orders and memoranda concerning the preservation of
all records made or received in the conduct of official
business, including record emails, instant messaging, and other
online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in title
I, and ``Operating Expenses'' and ``Capital Investment Fund'' in
title II, as appropriate, to improve Federal records management
pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29,
31, and 33) and other applicable Federal records management
statutes, regulations, or policies for the Department of State
and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to
the Federal Government;
(4) improve the response time for identifying and retrieving
Federal records, including requests made pursuant to section 552
of title 5, United States Code (commonly known as the ``Freedom
of Information Act''); and
(5) <<NOTE: Implementation. Recommenda- tions.>> strengthen
cybersecurity measures to mitigate vulnerabilities, including
those resulting from the use of personal email accounts or
servers outside the .gov domain, improve the process to identify
and remove inactive user accounts, update and enforce guidance
related to the control of national security information, and
implement the recommendations of the applicable reports of the
cognizant Office of Inspector General.
[[Page 133 STAT. 2855]]
use of funds in contravention of this act
Sec. 7017.
If <<NOTE: President. Determination. Notification. Deadline.>> the
President makes a determination not to comply with any provision of this
Act on constitutional grounds, the head of the relevant Federal agency
shall notify the Committees on Appropriations in writing within 5 days
of such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None <<NOTE: President. Certification.>> of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended, may
be obligated or expended for any country or organization if the
President certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available at not less than the amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided, That such designated amounts for foreign countries and
international organizations shall serve as the amounts for such
countries and international organizations transmitted to Congress in the
report required by section 653(a) of the Foreign Assistance Act of 1961,
and shall be made available for such foreign countries and international
organizations notwithstanding the date of the transmission of such
report.
(b) Authorized Deviations Below Minimum Levels.--Unless otherwise
provided for by this Act, the Secretary of State and the Administrator
of the United States Agency for International Development, as
applicable, may deviate by not more than 10 percent below the minimum
amounts specifically designated in the respective tables in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided,
That <<NOTE: Consultation.>> deviations pursuant to this subsection
shall be subject to prior consultation with the Committees on
Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by
[[Page 133 STAT. 2856]]
section 653(a) of the Foreign Assistance Act of 1961, deviations
authorized by subsection (b) may only take place after submission of
such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables
included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act);
(B) funds for which the initial period of
availability has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) shall not apply to the
table included under the heading ``Global Health Programs'' in
such statement.
(3) <<NOTE: Applicability.>> With respect to the amounts
designated for ``Global Programs'' in the table under the
heading ``Economic Support Fund'' included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), subsection (b) shall be
applied by substituting ``5 percent'' for ``10 percent''.
(e) Reports.--The Secretary of State, USAID Administrator, and other
designated officials, as appropriate, shall submit the reports required,
in the manner described, in House Report 116-78, Senate Report 116-126,
and the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), unless directed
otherwise in such explanatory statement.
(f) Clarification.--Funds appropriated by this Act and the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6) under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall not be included for purposes of meeting
amounts designated for countries in this Act or the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or such prior Act or accompanying joint
explanatory statement, unless such headings are specifically designated
as the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge meets the requirements enumerated under this section in
House Report 116-78.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) <<NOTE: Determination.>> Prohibition.--None of the
funds appropriated or otherwise made available under titles III
through VI of this Act
[[Page 133 STAT. 2857]]
may be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 1754(c) of the Export Reform
Control Act of 2018 (50 U.S.C. 4813(c)): <<NOTE: Termination
date.>> Provided, That the prohibition under this section with
respect to a foreign government shall terminate 12 months after
that government ceases to provide such military equipment:
Provided further, That this section <<NOTE: Applicability.>>
applies with respect to lethal military equipment provided under
a contract entered into after October 1, 1997.
(2) <<NOTE: President.>> Determination.--Assistance
restricted by paragraph (1) or any other similar provision of
law, may be furnished if the President determines that to do so
is important to the national interest of the United States.
(3) <<NOTE: Reports.>> Report.--Whenever the President
makes a determination pursuant to paragraph (2), the President
shall submit to the Committees on Appropriations a report with
respect to the furnishing of such assistance, including a
detailed explanation of the assistance to be provided, the
estimated dollar amount of such assistance, and an explanation
of how the assistance furthers United States national interest.
(b) Bilateral Assistance.--
(1) <<NOTE: Determination.>> Limitations.--Funds
appropriated for bilateral assistance in titles III through VI
of this Act and funds appropriated under any such title in prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, shall not be made available to
any foreign government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) <<NOTE: President. Determination.>> Waiver.--The
President may waive the application of paragraph (1) to a
government if the President determines that national security or
humanitarian reasons justify such waiver: Provided,
That <<NOTE: Federal Register,
publication. Deadline. Notification.>> the President shall
publish each such waiver in the Federal Register and, at least
15 days before the waiver takes effect, shall notify the
Committees on Appropriations of the waiver (including the
justification for the waiver) in accordance with the regular
notification procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
[[Page 133 STAT. 2858]]
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign Military Financing
Program'' accounts, ``program, project, and activity'' shall also be
considered to include country, regional, and central program level
funding within each such account, and for the development assistance
accounts of the United States Agency for International Development,
``program, project, and activity'' shall also be considered to include
central, country, regional, and program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with the
report required by section 653(a) of the Foreign Assistance Act
of 1961 or as modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That <<NOTE: Consultation. Reports.>> prior
to conducting activities in a country for which assistance is
prohibited, the agency shall consult with the Committees on
Appropriations and report to such Committees within 15 days of taking
such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the Export-
Import Bank and the United States International Development Finance
Corporation shall be obligated or expended to finance any loan, any
assistance, or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing commodity:
Provided, That <<NOTE: Notification.>> such prohibition shall not
apply to the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United States
are likely to outweigh the injury to United States producers of the
same, similar, or competing commodity, and the Chairman of the Board so
notifies the Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
[[Page 133 STAT. 2859]]
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) <<NOTE: President. Determination.>> activities in a
country the President determines is recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in a
foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) <<NOTE: President. Determination.>> activities in a
country the President determines is recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(c) <<NOTE: 22 USC 262h note.>> International Financial
Institutions.--The Secretary of the Treasury shall instruct the United
States executive directors of the international financial institutions
to use the voice and vote of the United States to oppose any assistance
by such institutions, using funds appropriated or made available by this
Act, for the production or extraction of any commodity or mineral for
export, if it is in surplus on world markets and if the assistance will
cause substantial injury to United States producers of the same,
similar, or competing commodity.
separate accounts
Sec. 7026. (a) <<NOTE: 22 USC 2362 note.>> Separate Accounts for
Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) <<NOTE: Requirement.>> require that local
currencies be deposited in a separate account
established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
[[Page 133 STAT. 2860]]
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(b) Separate Accounts for Cash Transfers.--
(1) <<NOTE: Requirement.>> In general.--If assistance is
made available to the government of a foreign country, under
chapter 1 or 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961, as cash transfer assistance or as
nonproject sector assistance, that country shall be required to
maintain such funds in a separate account and not commingle with
any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) <<NOTE: Deadline. President.>> Notification.--At least
15 days prior to obligating any such cash transfer or nonproject
sector assistance, the President shall submit a notification
through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by
such assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) <<NOTE: Notification.>> Exemption.--Nonproject sector
assistance funds may be exempt from the requirements of
paragraph (1) only through
[[Page 133 STAT. 2861]]
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided,
That <<NOTE: President. Notification.>> before using the authority of
this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the Committees
on Appropriations pursuant to the regular notification procedures,
including a description of the program to be assisted, the assistance to
be provided, and the reasons for furnishing such assistance: Provided
further, That <<NOTE: Abortion. Sterilization.>> nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2020, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Food for Peace Act
(Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That <<NOTE: Notification.>> none of the funds appropriated to carry
out title I of such Act and made available pursuant to this subsection
may be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to the
United States Agency for International Development may only be made
available for limited competitions through local entities if--
(1) prior to the determination to limit competition to local
entities, USAID has--
(A) <<NOTE: Assessment.>> assessed the level of
local capacity to effectively implement, manage, and
account for programs included in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
[[Page 133 STAT. 2862]]
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2020.
international financial institutions
Sec. 7029. (a) <<NOTE: Public information.>> Evaluations and
Report.--The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to use
the voice of the United States to encourage such institution to adopt
and implement a publicly available policy, including the strategic use
of peer reviews and external experts, to conduct independent, in-depth
evaluations of the effectiveness of at least 25 percent of all loans,
grants, programs, and significant analytical non-lending activities in
advancing the institution's goals of reducing poverty and promoting
equitable economic growth, consistent with relevant safeguards, to
ensure that decisions to support such loans, grants, programs, and
activities are based on accurate data and objective analysis: Provided,
That not later than 45 days after enactment of this Act, the Secretary
shall submit a report to the Committees on Appropriations on steps taken
in fiscal year 2019 by the United States executive directors and the
international financial institutions consistent with this subsection
compared to the previous fiscal year.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development and the International
Development Association to use the voice and vote of the United
States to oppose any loan, grant, policy, or strategy if such
institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy, or
strategy that provides less protection than World Bank
safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification, and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation, cultural protection, and empowerment of
local populations, including free, prior and informed
consent of affected indigenous communities;
[[Page 133 STAT. 2863]]
(C) do not provide incentives for, or facilitate,
forced displacement; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate United
States executive director to such institution is compensated by the
institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such institution
in accordance with the requirements specified under this subsection in
Senate Report 116-126: <<NOTE: Consultation.>> Provided, That prior to
voting on any such loan, grant, policy, or strategy the executive
director shall consult with the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State, if the executive director has
reason to believe that such loan, grant, policy, or strategy could
result in forced displacement or other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to include
in loan, grant, and other financing agreements improvements in borrowing
countries' financial management and judicial capacity to investigate,
prosecute, and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish, to
the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution: <<NOTE: Reports.>>
Provided, That not later than 45 days after enactment of this Act, the
Secretary shall submit a report to the Committees on Appropriations on
steps taken in fiscal year 2019 by the United States executive directors
and the international financial institutions consistent with this
subsection compared to the previous fiscal year.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to encourage
each such institution to effectively implement and enforce policies and
procedures which meet or exceed best practices in the United States for
the protection of whistleblowers from retaliation, including--
[[Page 133 STAT. 2864]]
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
insecure communications networks
Sec. 7030. Funds appropriated by this Act shall be made available
for programs to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving assistance under
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs;
(2) <<NOTE: China.>> counter the establishment of insecure
communications networks and services, including 5G, promoted by
the People's Republic of China and other state-backed
enterprises that are subject to undue or extrajudicial control
by their country of origin; and
(3) provide policy and technical training to information
communication technology professionals in countries receiving
assistance under this Act, as appropriate.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of Public
Law 116-6) are fully met.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available
for direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That <<NOTE: Applicability.>> the requirements of this
paragraph shall only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds available for
cash transfer, budget support, and cash payments to individuals.
(3) <<NOTE: Reports.>> Suspension of assistance.--The
Administrator of the United States Agency for International
Development or the Secretary of State, as appropriate, shall
suspend any direct government-to-government assistance if the
Administrator or the Secretary has credible information of
material misuse of such assistance, unless the Administrator or
the Secretary reports to the Committees on Appropriations that
it is in the national interest of the United States to continue
such assistance, including a justification, or that such misuse
has been appropriately addressed.
[[Page 133 STAT. 2865]]
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2021 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country to
any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State <<NOTE: Updates.>> shall continue to update
and strengthen the ``minimum requirements of fiscal
transparency'' for each government receiving assistance
appropriated by this Act, as identified in the report required
by section 7031(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76).
(2) <<NOTE: Public information. Web posting.>>
Determination and report.--For each government identified
pursuant to paragraph (1), the Secretary of State, not later
than 180 days after enactment of this Act, shall make or update
any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State website: Provided, That such
report shall include the elements included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(3) Assistance.--Not less than $5,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise available for such purposes: Provided further,
That a description of the uses of such funds shall be included
in the annual ``Fiscal Transparency Report'' required by
paragraph (2).
(c) <<NOTE: 8 USC 1182 note.>> Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--(A) Officials of foreign governments and
their immediate family members about whom the Secretary of State
has credible information have been involved, directly or
indirectly, in significant corruption, including corruption
related to the extraction of natural resources, or a gross
violation of human rights shall be ineligible for entry into the
United States.
(B) The Secretary shall also publicly or privately designate
or identify the officials of foreign governments and their
immediate family members about whom the Secretary has such
credible information without regard to whether the individual
has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if such
entry
[[Page 133 STAT. 2866]]
would further important United States law enforcement objectives
or is necessary to permit the United States to fulfill its
obligations under the United Nations Headquarters Agreement:
Provided, That nothing in paragraph (1) shall be construed to
derogate from United States Government obligations under
applicable international agreements.
(3) <<NOTE: Determination.>> Waiver.--The Secretary may
waive the application of paragraph (1) if the Secretary
determines that the waiver would serve a compelling national
interest or that the circumstances which caused the individual
to be ineligible have changed sufficiently.
(4) <<NOTE: Classified information. Corruption. Human
rights. Time period. Lists.>> Report.--Not later than 30 days
after enactment of this Act, and every 90 days thereafter, the
Secretary of State shall submit a report, including a classified
annex if necessary, to the appropriate congressional committees
and the Committees on the Judiciary describing the information
related to corruption or violation of human rights concerning
each of the individuals found ineligible in the previous 12
months pursuant to paragraph (1)(A) as well as the individuals
who the Secretary designated or identified pursuant to paragraph
(1)(B), or who would be ineligible but for the application of
paragraph (2), a list of any waivers provided under paragraph
(3), and the justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4), and
(5), the records of the Department of State and of diplomatic
and consular offices of the United States pertaining to the
issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section 8204
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds, and
provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) Public disclosure and independent audits.--(A) The
Secretary of the Treasury shall instruct the executive director
of each international financial institution that it is the
policy of the United States to use the voice and vote of the
United States to oppose any assistance by such institutions
(including any loan, credit, grant, or guarantee) to any country
for the extraction and export of a natural resource if the
government of such country has in place laws, regulations, or
procedures to prevent or limit the public disclosure of company
payments as required by United States law, and unless such
government has adopted laws, regulations, or procedures in the
sector in which assistance is being considered to meet the
standards included under this section in the explanatory
statement
[[Page 133 STAT. 2867]]
described in section 4 (in the matter preceding division A of
this consolidated Act).
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance
website: Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon request and
in a timely manner, to the Department of State: Provided further,
That <<NOTE: Reports.>> not later than 60 days after enactment of this
Act, the Secretary of State and USAID Administrator shall report to the
Committees on Appropriations on the process and timeline required to
consolidate data from USAID's ``Foreign Aid Explorer'' and
``ForeignAssistance.gov'', in accordance with the requirements specified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,400,000,000 shall be made
available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant to
paragraph (1), not less than $102,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and Labor,
Department of State, at not less than the amounts specified for
certain countries and regional programs designated in the table
under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) Beneficiaries.--Funds made available by this Act for the
NED are made available pursuant to the authority of the National
Endowment for Democracy Act (title V of Public Law 98-164),
including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means programs
that support good governance, credible and competitive elections,
freedom of expression, association, assembly,
[[Page 133 STAT. 2868]]
and religion, human rights, labor rights, independent media, and the
rule of law, and that otherwise strengthen the capacity of democratic
political parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of democratic
states and institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law.
(e) Restriction on Prior Approval.--With respect to the provision of
assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided,
That <<NOTE: Reports. Compliance.>> the Secretary of State, in
coordination with the Administrator of the United States Agency for
International Development, shall report to the Committees on
Appropriations, not later than 120 days after enactment of this Act,
detailing steps taken by the Department of State and USAID to comply
with the requirements of this subsection.
(f) Continuation of Current Practices.--The United States Agency for
International Development shall continue to implement civil society and
political competition and consensus building programs abroad with funds
appropriated by this Act in a manner that recognizes the unique benefits
of grants and cooperative agreements in implementing such programs.
(g) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall regularly inform the National
Endowment for Democracy of democracy programs that are planned and
supported by funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs.
(h) Protection of Civil Society Activists and Journalists.--Of the
funds appropriated by this Act under the headings ``Economic Support
Fund'' and ``Democracy Fund'', not less than $20,000,000 shall be made
available to support and protect civil society activists and journalists
who have been threatened, harassed, or attacked, including journalists
affiliated with the United States Agency for Global Media, consistent
with the action plan submitted pursuant to, and on the same terms and
conditions of, section 7032(i) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018 (division K of
Public Law 115-141).
(i) International Freedom of Expression.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic Programs'' shall be made available for the
Bureau of Democracy, Human Rights, and Labor, Department of
State, for the costs of administering programs designed to
promote and defend freedom of expression and the independence of
the media in countries where such freedom and independence are
restricted or denied.
(2) Assistance.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $10,000,000
shall be made available for programs that promote
[[Page 133 STAT. 2869]]
and defend freedom of expression and the independence of the
media abroad: Provided, That such funds are in addition to
funds otherwise made available by this Act for such purposes,
and are intended to complement emergency and safety programs for
civil society, including journalists and media outlets at risk:
Provided further, That <<NOTE: Consultation. Notification.>>
such funds shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs'' shall
be made available for the Office of International Religious Freedom,
Department of State, including for support staff at not less than the
amounts specified for such office in the table under such heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Assistance.--Funds appropriated by this Act under the headings
``Democracy Fund'', ``Economic Support Fund'', and ``International
Broadcasting Operations'' shall be made available for international
religious freedom programs and funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian assistance
for vulnerable and persecuted religious minorities: Provided,
That <<NOTE: Consultations.>> funds made available by this Act under
the headings ``Economic Support Fund'' and ``Democracy Fund'' pursuant
to this section shall be the responsibility of the Ambassador-at-Large
for International Religious Freedom, in consultation with other relevant
United States Government officials, and shall be subject to prior
consultation with the Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the heading ``Economic Support Fund'' may be made
available notwithstanding any other provision of law for assistance for
ethnic and religious minorities in Iraq and Syria.
(d) <<NOTE: Extension.>> Designation of Non-state Actors.--Section
7033(e) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public 115-31) shall
continue in effect during fiscal year 2020.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other provision
of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $12,500,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
[[Page 133 STAT. 2870]]
crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for assistance
for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $8,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) <<NOTE: Recommenda- tions.>> Atrocities Prevention.--Of the
funds appropriated by this Act under the headings ``Economic Support
Fund'' and ``International Narcotics Control and Law Enforcement'', not
less than $5,000,000 shall be made available for programs to prevent
atrocities, including to implement recommendations of the Atrocities
Prevention Board: Provided, That funds made available pursuant to this
subsection are in addition to amounts otherwise made available for such
purposes: Provided further, That <<NOTE: Notification.>> such funds
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development, from this or any other Act, may be made
available as a general contribution to the World Food Programme,
notwithstanding any other provision of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) <<NOTE: Notification.>> Genocide victims memorial
sites.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Economic Support
Fund'' and ``Assistance for Europe, Eurasia and Central Asia''
may be made available as contributions to establish and maintain
memorial sites of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available
until September 30, 2022: Provided,
That <<NOTE: Consultation. Notification.>> funds made available
pursuant to this paragraph may only be made available following
prior consultation with the appropriate congressional
committees, and the regular notification procedures of the
Committees on Appropriations.
(4) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations Authorization
Act,
[[Page 133 STAT. 2871]]
Fiscal Year 1979 (22 U.S.C. 2656d), including to facilitate
collaboration with indigenous communities, and up to $1,000,000
may be made available for grants to carry out the activities of
the Cultural Antiquities Task Force.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions of
section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided, That each
individual award may not exceed $100,000: Provided further,
That no more than 15 such awards may be made during fiscal year
2020.
(6) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange Visitor
Program administered by the Department of State to implement the
Mutual Educational and Cultural Exchange Act of 1961 (Public Law
87-256; 22 U.S.C. 2451 et seq.), except through the formal
rulemaking process pursuant to the Administrative Procedure Act
(5 U.S.C. 551 et seq.) and notwithstanding the exceptions to
such rulemaking process in such Act: Provided,
That <<NOTE: Consultation. Notification.>> funds made available
for such purpose shall only be made available after consultation
with, and subject to the regular notification procedures of, the
Committees on Appropriations, regarding how any proposed
modification would affect the public diplomacy goals of, and the
estimated economic impact on, the United States: Provided
further, That <<NOTE: Deadline. Federal Register,
publication.>> such consultation shall take place not later
than 30 days prior to the publication in the Federal Register of
any regulatory action modifying the Exchange Visitor Program.
(f) <<NOTE: Consultation.>> Partner Vetting.--Prior to initiating a
partner vetting program, or making significant changes to the scope of
an existing partner vetting program, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the Committees on
Appropriations: Provided, That <<NOTE: Notification.>> the Secretary
and the Administrator shall provide a direct vetting option for prime
awardees in any partner vetting program initiated or significantly
modified after the date of enactment of this Act, unless the Secretary
of State or USAID Administrator, as applicable, informs the Committees
on Appropriations on a case-by-case basis that a direct vetting option
is not feasible for such program.
(g) Contingencies.--During fiscal year 2020, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(h) <<NOTE: Compliance.>> International Child Abductions.--The
Secretary of State should withhold funds appropriated under title III of
this Act for assistance for the central government of any country that
is not taking appropriate steps to comply with the Convention on the
Civil Aspects of International Child Abductions, done at the Hague on
October 25, 1980: Provided, That <<NOTE: Reports.>> the Secretary
shall report to the Committees on Appropriations within 15 days of
withholding funds under this subsection.
(i) Transfer of Funds for Extraordinary Protection.--The Secretary
of State <<NOTE: Deadline.>> may transfer to, and merge with, funds
under the heading ``Protection of Foreign Missions and Officials''
unobligated balances of expired funds appropriated under the
[[Page 133 STAT. 2872]]
heading ``Diplomatic Programs'' for fiscal year 2020, except for funds
designated for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, at no later than the end of the
fifth fiscal year after the last fiscal year for which such funds are
available for the purposes for which appropriated: Provided, That not
more than $50,000,000 may be transferred.
(j) Authority.--Funds made available by this Act under the heading
``Economic Support Fund'' to counter extremism may be made available
notwithstanding any other provision of law restricting assistance to
foreign countries, except sections 502B, 620A, and 620M of the Foreign
Assistance Act of 1961: Provided, That the
use <<NOTE: Consultation. Notification.>> of the authority of this
subsection shall be subject to prior consultation with the appropriate
congressional committees and the regular notification procedures of the
Committees on Appropriations.
(k) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The Secretary of State shall implement
section 203(a)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457): Provided,
That in addition to suspension on the basis of an unpaid default or
final civil judgment directly or indirectly related to human trafficking
against the employer or a family member assigned to an embassy,
suspension on this basis should also apply to an employer or family
member assigned to any diplomatic mission, or any international
organization: Provided further, That the Secretary of State should
assist in obtaining payment of final court judgments awarded to A-3 and
G-5 visa holders, including encouraging the sending states to provide
compensation directly to victims: Provided further,
That <<NOTE: Reports. Criteria.>> the Secretary shall include in the
Trafficking in Persons annual report a concise summary of each
trafficking case involving an A-3 or G-5 visa holder that meets one or
more of the following criteria: (1) a final court judgment (including a
default judgment) issued against a current or former employee of such
diplomatic mission or international organization; (2) the issuance of a
T-visa to the victim; or (3) a request by the Department of State to the
sending state that immunity of individual diplomats or family members be
waived to permit criminal prosecution.
(l) Extension of Authorities.--
(1) <<NOTE: Applicability. 22 USC 214 note.>> Passport
fees.--Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) shall be applied by substituting ``September
30, 2020'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September 30,
2020.
(3) <<NOTE: Applicability. 22 USC 2385 note.>> USAID civil
service annuitant waiver.--Section 625(j)(1) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied
by substituting ``September 30, 2020'' for ``October 1, 2010''
in subparagraph (B).
(4) Overseas pay comparability and limitation.--(A) Subject
to the limitation described in subparagraph (B), the authority
provided by section 1113 of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2020.
[[Page 133 STAT. 2873]]
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009 (Public Law 111-32)) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds of the
amount of the locality-based comparability payment (stated as a
percentage) that would be payable to such member under section
5304 of title 5, United States Code, if such member's official
duty station were in the District of Columbia.
(5) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2019'' and inserting ``2019, and 2020''; and
(ii) in subsection (e), by striking ``2019''
each place it appears and inserting ``2020''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ``2019'' and inserting ``2020''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2020, and may be used to facilitate the assignment
of persons for oversight of programs in Syria, South Sudan,
Yemen, Somalia, and Venezuela.
(7) <<NOTE: Notification. Reports. 22 USC 4831 note.>>
Accountability review boards.--The authority provided by section
301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect for
facilities in Afghanistan through September 30, 2020, except
that the notification and reporting requirements contained in
such section shall include the Committees on Appropriations.
(8) Special inspector general for afghanistan reconstruction
competitive status.--Notwithstanding any other provision of law,
any employee of the Special Inspector General for Afghanistan
Reconstruction (SIGAR) who completes at least 12 months of
continuous service after enactment of this Act or who is
employed on the date on which SIGAR terminates, whichever occurs
first, shall acquire competitive status for appointment to any
position in the competitive service for which the employee
possesses the required qualifications.
(9) <<NOTE: Extension. 8 USC 1715 note.>> Transfer of
balances.--Section 7081(h) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31) shall continue in effect
during fiscal year 2020.
(10) Department of state inspector general waiver
authority.--The Inspector General <<NOTE: Waiver authority.>>
of the Department of State may waive the provisions of
subsections (a) through (d) of section 824 of the Foreign
Service Act of 1980 (22 U.S.C. 4064) on a case-by-case basis for
an annuitant reemployed by the Inspector General on a temporary
basis, subject to the same constraints and in the same manner by
which the Secretary of State may exercise such waiver authority
pursuant to subsection (g) of such section.
(11) Afghan allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
[[Page 133 STAT. 2874]]
(A) in the heading, striking ``2015, 2016, AND
2017'' and inserting ``2015 THROUGH 2020'';
(B) in the matter preceding clause (i), by striking
``18,500'' and inserting ``22,500''; and
(C) in clauses (i) and (ii), by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
(m) Monitoring and Evaluation.--Funds appropriated by this Act that
are made available for monitoring and evaluation of assistance under the
headings ``Development Assistance'', ``International Disaster
Assistance'', and ``Migration and Refugee Assistance'' shall, as
appropriate, be made available for the regular collection of feedback
obtained directly from beneficiaries on the quality and relevance of
such assistance: Provided, That <<NOTE: Web
posting. Procedures. Guidelines.>> the Department of State and USAID
shall establish, and post on their respective websites, updated
procedures for implementing partners that receive funds under such
headings for regularly collecting and responding to such feedback,
including guidelines for the reporting on actions taken in response to
the feedback received: <<NOTE: Oversight.>> Provided further, That the
Department of State and USAID shall regularly conduct oversight to
ensure that such feedback is regularly collected and used by
implementing partners to maximize the cost-effectiveness and utility of
such assistance.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That <<NOTE: Notification.>> the authority in section
525(b)(5) of the Foreign Operations, Export Financing, and Related
Programs Appropriation Act, 2005 (Public Law 108-447) shall be exercised
by the Assistant Administrator for Global Health, USAID, with respect to
funds deposited for such non-HIV/AIDS pharmaceuticals and other
products, and shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further,
That <<NOTE: Records.>> the Secretary of State shall include in the
congressional budget justification an accounting of budgetary resources,
disbursements, balances, and reimbursements related to such fund.
(o) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine,
which are authorized to be provided: Provided, That amounts
made available under this paragraph for the costs of such
guarantees shall not be considered assistance for the purposes
of provisions of law limiting assistance to a country.
(2) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and
[[Page 133 STAT. 2875]]
related programs that were previously designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
(3) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'', not less than $50,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235), which may remain
available until September 30, 2024.
(2) <<NOTE: Definition. Time period. 22 USC 2152i note.>>
Eligible entities.--For the purposes of section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
``eligible entities'' shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000 from
USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(q) Western Hemisphere Drug Policy Commission.--Up to $499,000 of
the funds appropriated under the heading ``Western Hemisphere Drug
Policy Commission, Salaries and Expenses'' of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6) shall remain available for obligation
until September 30, 2021, notwithstanding the period of availability
under such heading.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) <<NOTE: 22 USC 262h note.>> International financial
institutions.--In this Act ``international financial
institutions'' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the
International Fund for Agricultural Development, the Asian
Development Fund, the Inter-American
[[Page 133 STAT. 2876]]
Investment Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) <<NOTE: Time periods.>> Southern kordofan.--Any
reference to Southern Kordofan in this or any other Act making
appropriations for the Department of State, foreign operations,
and related programs shall for this fiscal year, and each fiscal
year thereafter, be deemed to include portions of Western
Kordofan that were previously part of Southern Kordofan prior to
the 2013 division of Southern Kordofan.
(5) <<NOTE: 22 USC 2152i note.>> USAID.--In this Act, the
term ``USAID'' means the United States Agency for International
Development.
(6) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) Successor operating unit.--Any reference to a particular
USAID operating unit or office in this or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs shall be deemed to include any successor
operating unit or office performing the same or similar
functions.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made available
under titles III and IV of this Act to carry out the provisions
of chapter 1 of part I and chapters 4 and 6 of part II of the
Foreign Assistance Act of 1961, may be used, notwithstanding
section 660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, anti-
corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance,
including assistance for programs to prevent conflict, respond
to disasters, address gender-based violence, and foster improved
police relations with the communities they serve.
(2) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or
other terrorist organizations: Provided, That <<NOTE: Iraq.>>
such areas shall include the Kurdistan Region of Iraq: Provided
further, That prior to the obligation of funds made available
pursuant to this paragraph, the Secretary of State shall take
all practicable
[[Page 133 STAT. 2877]]
steps to ensure that mechanisms are in place for monitoring,
oversight, and control of such
funds: <<NOTE: Consultation. Notification.>> Provided further,
That funds made available pursuant to this paragraph shall be
subject to prior consultation with the appropriate congressional
committees, and the regular notification procedures of the
Committees on Appropriations.
(3) Combat casualty care.--(A) Consistent with the
objectives of the Foreign Assistance Act of 1961 and the Arms
Export Control Act, funds appropriated by this Act under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat casualty
training and equipment.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of lethal
assistance funded by this Act with funds appropriated under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That <<NOTE: Applicability.>>
the requirement of this subparagraph shall apply to a country in
conflict, unless the Secretary determines that such country has
in place, to the maximum extent practicable, functioning combat
casualty care treatment and equipment that meets or exceeds the
standards recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such training and
equipment for combat casualty care shall be made available
through an open and competitive process.
(4) Training related to international humanitarian law.--The
Secretary of State shall offer training related to the
requirements of international humanitarian law as a component of
any package of lethal assistance funded by this Act with funds
appropriated under the headings ``Peacekeeping Operations'' and
``Foreign Military Financing Program'': Provided, That the
requirement of this paragraph shall not apply to a country that
is a member of the North Atlantic Treaty Organization (NATO), is
a major non-NATO ally designated by section 517(b) of the
Foreign Assistance Act of 1961, or is complying with
international humanitarian law: Provided further, That any such
training shall be made available through an open and competitive
process.
(5) <<NOTE: Consultation.>> Security force
professionalization.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law Enforcement''
and ``Peacekeeping Operations'' shall be made available to
increase the capacity of foreign military and law enforcement
personnel to operate in accordance with appropriate standards
relating to human rights and the protection of civilians in the
manner specified under this section in Senate Report 116-126,
following consultation with the Committees on Appropriations:
Provided, That funds made available pursuant to this paragraph
shall be made available through an open and competitive process.
(6) <<NOTE: Notification.>> Global security contingency
fund.--Notwithstanding any other provision of this Act, up to
$7,500,000 from funds appropriated by this Act under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' may be transferred to, and merged with,
funds previously made available under the heading ``Global
Security Contingency Fund'', subject to the regular notification
procedures of the Committees on Appropriations.
[[Page 133 STAT. 2878]]
(7) International prison conditions.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'', not less than
$7,500,000 shall be made available for assistance to eliminate
inhumane conditions in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961: Provided,
That <<NOTE: Consultation. Deadline.>> the Secretary of State
and the USAID Administrator shall consult with the Committees on
Appropriations on the proposed uses of such funds prior to
obligation and not later than 60 days after enactment of this
Act: Provided further, That such funds shall be in addition to
funds otherwise made available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--Section
7034(d) <<NOTE: Extension.>> of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue in effect
during fiscal year 2020.
(3) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1011) is amended by striking ``of this section'' and all
that follows through the period at the end and inserting
``of this section after September 30, 2021.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2020'' and inserting ``2020, and 2021''.
(4) <<NOTE: Notification. President. Determination.>>
Commercial leasing of defense articles.--Notwithstanding any
other provision of law, and subject to the regular notification
procedures of the Committees on Appropriations, the authority of
section 23(a) of the Arms Export Control Act (22 U.S.C. 2763)
may be used to provide financing to Israel, Egypt, the North
Atlantic Treaty Organization (NATO), and major non-NATO allies
for the procurement by leasing (including leasing with an option
to purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible civilian
application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than
by government-to-government sale under such Act.
(5) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2022:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from
[[Page 133 STAT. 2879]]
the Fund shall be subject to the concurrence of the Secretary of
State.
(6) <<NOTE: Definition. Public
information. Determination. Reports.>> Public disclosure.--For
the purposes of funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs that are made available for
assistance for units of foreign security forces, the term ``to
the maximum extent practicable'' in section 620M(d)(7) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2378d) means that the
identity of such units shall be made publicly available unless
the Secretary of State, on a case-by-case basis, determines and
reports to the appropriate congressional committees that
disclosure would endanger the safety of human sources or reveal
sensitive intelligence sources and methods, or that non-
disclosure is in the national security interest of the United
States: Provided, That any such determination shall include a
detailed justification, and may be submitted in classified form.
(7) <<NOTE: Lists.>> Duty to inform.--If assistance to a
foreign security force is provided in a manner in which the
recipient unit or units cannot be identified prior to the
transfer of assistance, the Secretary of State shall provide a
list of units prohibited from receiving such assistance pursuant
to section 620M of the Foreign Assistance Act of 1961 to the
recipient government.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance
of landmines and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the
Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance shall
be furnished for cluster munitions, no defense export
license for cluster munitions may be issued, and no
cluster munitions or cluster munitions technology shall
be sold or transferred, unless--
(i) the submunitions of the cluster munitions,
after arming, do not result in more than 1 percent
unexploded ordnance across the range of intended
operational environments, and the agreement
applicable to the assistance, transfer, or sale of
such cluster munitions or cluster munitions
technology specifies that the cluster munitions
will only be used against clearly defined military
targets and will not be used where civilians are
known to be present or in areas normally inhabited
by civilians; or
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing or
permanently disposing of such cluster munitions.
(3) <<NOTE: Determination.>> Crowd control items.--Funds
appropriated by this Act should not be used for tear gas, small
arms, light weapons, ammunition, or other items for crowd
control purposes for
[[Page 133 STAT. 2880]]
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries that
the Secretary of State determines are undemocratic or are
undergoing democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a report on funds obligated
and expended during fiscal year 2019, by country and purpose of
assistance, under the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and ``Foreign
Military Financing Program''.
(2) <<NOTE: Definition.>> Annual foreign military training
report.--For the purposes of implementing section 656 of the
Foreign Assistance Act of 1961, the term ``military training
provided to foreign military personnel by the Department of
Defense and the Department of State'' shall be deemed to include
all military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally.
arab league boycott of israel
Sec. 7036. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
palestinian statehood
Sec. 7037. (a) <<NOTE: Determination. Certification.>> Limitation
on Assistance.--None of the funds appropriated under titles III through
VI of this Act may be provided
[[Page 133 STAT. 2881]]
to support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) <<NOTE: President. Determination.>> Waiver.--The President may
waive subsection (a) if the President determines that it is important to
the national security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the Palestinian
Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039.
(a) <<NOTE: Deadline. Certification. Procedures. Records. Review.>>
Oversight.--For fiscal year 2020, 30 days prior to the initial
obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the Committees on Appropriations
that procedures have been established to
[[Page 133 STAT. 2882]]
assure the Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) <<NOTE: Terrorism.>> Vetting.--Prior to the obligation of funds
appropriated by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State shall take
all appropriate steps to ensure that such assistance is not provided to
or through any individual, private or government entity, or educational
institution that the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist activity nor,
with respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or governing
board of trustees any individual that has been determined to be involved
in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization: Provided,
That <<NOTE: Termination. Determination.>> the Secretary of State
shall, as appropriate, establish procedures specifying the steps to be
taken in carrying out this subsection and shall terminate assistance to
any individual, entity, or educational institution which the Secretary
has determined to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on
the extent of Palestinian compliance with such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) <<NOTE: Audits. Contracts. Grants. Deadline.>> The
Administrator of the United States Agency for International
Development shall ensure that Federal or non-Federal audits of
all contractors and grantees, and significant subcontractors and
sub-grantees, under the West Bank and Gaza Program, are
conducted at least on an annual basis to ensure, among other
things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
[[Page 133 STAT. 2883]]
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) <<NOTE: Investigation. Time period.>> Comptroller General of
the United States Audit.--Subsequent to the certification specified in
subsection (a), the Comptroller General of the United States shall
conduct an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in fiscal year
2020 under the heading ``Economic Support Fund'', and such audit shall
address--
(1) <<NOTE: Compliance.>> the extent to which such Program
complies with the requirements of subsections (b) and (c); and
(2) <<NOTE: Examination.>> an examination of all programs,
projects, and activities carried out under such Program,
including both obligations and expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) <<NOTE: President. Certification.>> Waiver.--The prohibition
included in subsection (a) shall not apply if the President certifies in
writing to the Speaker of the House of Representatives, the President
pro tempore of the Senate, and the Committees on Appropriations that
waiving such prohibition is important to the national security interest
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) <<NOTE: President.>> Report.--Whenever the waiver authority
pursuant to subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the justification
for the waiver, the purposes for which the funds will be spent, and the
accounting procedures in place to ensure that the funds are properly
disbursed: Provided, That the report shall also detail the steps the
Palestinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) <<NOTE: President. Reports.>> Certification.--If the President
exercises the waiver authority under subsection (b), the Secretary of
State must certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian Authority
financing and all financing mechanisms flow through this account, no
parallel financing mechanisms exist outside of the Palestinian Authority
treasury account, and there is a single comprehensive civil service
roster and payroll, and the Palestinian Authority is acting to counter
incitement of violence against Israelis and is supporting
[[Page 133 STAT. 2884]]
activities aimed at promoting peace, coexistence, and security
cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas
is a member, or that results from an agreement with Hamas and
over which Hamas exercises undue influence.
(2) <<NOTE: President. Certification. Reports.>>
Notwithstanding the limitation of paragraph (1), assistance may
be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that
such government, including all of its ministers or such
equivalent, has publicly accepted and is complying with the
principles contained in section 620K(b)(1) (A) and (B) of the
Foreign Assistance Act of 1961, as amended.
(3) <<NOTE: President.>> The President may exercise the
authority in section 620K(e) of the Foreign Assistance Act of
1961, as added by the Palestinian Anti-Terrorism Act of 2006
(Public Law 109-446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a full
accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law restricting
assistance for Egypt, except for this subsection and section
620M of the Foreign Assistance Act of 1961, and may only be made
available for assistance for the Government of Egypt if the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $125,000,000 shall be made available for assistance for
Egypt, of which not less than $40,000,000 should be made
available for higher education programs, including not less
[[Page 133 STAT. 2885]]
than $15,000,000 for scholarships for Egyptian students with
high financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited by a
regional accrediting agency recognized by the United States
Department of Education, or meets standards equivalent to those
required for United States institutional accreditation by a
regional accrediting agency recognized by such Department:
Provided, That such funds shall be made available for democracy
programs, and for development programs in the Sinai: Provided
further, That <<NOTE: Certification. Reports.>> such funds may
not be made available for cash transfer assistance or budget
support unless the Secretary of State certifies and reports to
the appropriate congressional committees that the Government of
Egypt is taking consistent and effective steps to stabilize the
economy and implement market-based economic reforms.
(3) Foreign military financing program.--(A) Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', $1,300,000,000, to remain available until
September 30, 2021, should be made available for assistance for
Egypt: Provided, That <<NOTE: Consultation. Notification.>>
such funds may be transferred to an interest bearing account in
the Federal Reserve Bank of New York, following consultation
with the Committees on Appropriations, and the uses of any
interest earned on such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That <<NOTE: Certification. Reports. Human
rights.>> $300,000,000 of such funds shall be withheld from
obligation until the Secretary of State certifies and reports to
the Committees on Appropriations that the Government of Egypt is
taking sustained and effective steps to--
(i) strengthen the rule of law, democratic
institutions, and human rights in Egypt, including to
protect religious minorities and the rights of women,
which are in addition to steps taken during the previous
calendar year for such purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly,
including the ability of civil society organizations,
human rights defenders, and the media to function
without interference;
(iii) release political prisoners and provide
detainees with due process of law;
(iv) hold Egyptian security forces accountable,
including officers credibly alleged to have violated
human rights;
(v) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(vi) provide regular access for United States
officials to monitor such assistance in areas where the
assistance is used:
Provided further, That the certification requirement of this
paragraph shall not apply to funds appropriated by this Act
under such heading for counterterrorism, border security, and
nonproliferation programs for Egypt.
(B) <<NOTE: Waiver authority. Determination. Reports.>> The
Secretary of State may waive the certification requirement in
subparagraph (A) if the Secretary determines and reports to the
Committees on Appropriations that to do so is important to the
national security interest of the United States, and submits a
report to such Committees containing
[[Page 133 STAT. 2886]]
a detailed justification for the use of such waiver and the
reasons why any of the requirements of subparagraph (A) cannot
be met: Provided, That the report required by this paragraph
shall be submitted in unclassified form, but may be accompanied
by a classified annex.
(4) <<NOTE: Assessment. Time period. April Corley.>>
Report.--Not later than 30 days after enactment of this Act, and
every 60 days thereafter, the Secretary of State shall submit a
report to the appropriate congressional committees describing
and assessing the actions taken by the Government of Egypt
during the previous 60 days to fairly compensate April Corley
for injuries and losses sustained as a result of the attack on
her tour group by the Egyptian military on September 13, 2015,
and progress in resolving her case: Provided, That if the
Secretary reports that no progress has been made in the previous
60 days, the report shall include the reasons for the lack of
progress.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for the programs and
activities described under this section in House Report 116-78.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135(d)(4) of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) <<NOTE: Consultation.>> Sanctions report.--Not
later than 180 days after the date of enactment of this
Act, the Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the
appropriate congressional committees a report on--
(i) the status of United States bilateral
sanctions on Iran;
(ii) the reimposition and renewed enforcement
of secondary sanctions; and
(iii) the impact such sanctions have had on
Iran's destabilizing activities throughout the
Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Iraq for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region
of Iraq and for the Marla Ruzicka Iraqi War Victims
Fund;
(B) stabilization assistance, including in Anbar
Province;
(C) humanitarian assistance, including in the
Kurdistan Region of Iraq; and
(D) programs to protect and assist religious and
ethnic minority populations in Iraq, including as
described under this section in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act).
[[Page 133 STAT. 2887]]
(2) <<NOTE: Consultation. Notification.>> United states
consulate general basrah.--Any change in the status of
operations at United States Consulate General Basrah, including
the return of Consulate property located adjacent to the Basrah
International Airport to the Government of Iraq, shall be
subject to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(3) Basing rights agreement.--None of the funds appropriated
or otherwise made available by this Act may be used by the
Government of the United States to enter into a permanent basing
rights agreement between the United States and Iraq.
(d) Jordan.--
(1) Assistance appropriated by this act.--Of the funds
appropriated by this Act under titles III and IV, not less than
$1,525,000,000 shall be made available for assistance for
Jordan, of which: not less than $1,082,400,000 shall be made
available under the heading ``Economic Support Fund'', of which
not less than $745,100,000 shall be made available for budget
support for the Government of Jordan; and not less than
$425,000,000 shall be made available under the heading ``Foreign
Military Financing Program''.
(2) Assistance appropriated by prior acts.--Of the funds
appropriated under the heading ``Economic Support Fund'' in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, not less than
$125,000,000 shall be made available for assistance for Jordan,
of which $100,000,000 shall be made available for budget support
for the Government of Jordan and $25,000,000 shall be made
available for programs to increase electricity transmission to
neighboring countries, including Iraq: Provided, That such
funds are in addition to amounts otherwise made available for
such purposes.
(e) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Lebanon:
Provided, That such funds made available under the heading
``Economic Support Fund'' may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) <<NOTE: Consultation.>> Funds appropriated by
this Act under the headings ``International Narcotics
Control and Law Enforcement'' and ``Foreign Military
Financing Program'' that are made available for
assistance for Lebanon may be made available for
programs and equipment for the Lebanese Internal
Security Forces (ISF) and the Lebanese Armed Forces
(LAF) to address security and stability requirements in
areas affected by conflict in Syria, following
consultation with the appropriate congressional
committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may only be made
available for programs to--
[[Page 133 STAT. 2888]]
(i) professionalize the LAF to mitigate
internal and external threats from non-state
actors, including Hizballah;
(ii) strengthen border security and combat
terrorism, including training and equipping the
LAF to secure the borders of Lebanon and address
security and stability requirements in areas
affected by conflict in Syria, interdicting arms
shipments, and preventing the use of Lebanon as a
safe haven for terrorist groups; and
(iii) implement United Nations Security
Council Resolution 1701:
Provided, That <<NOTE: Spend plan. Deadline.>> prior
to obligating funds made available by this subparagraph
for assistance for the LAF, the Secretary of State shall
submit to the Committees on Appropriations a spend plan,
including actions to be taken to ensure equipment
provided to the LAF is used only for the intended
purposes, except such plan may not be considered as
meeting the notification requirements under section 7015
of this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted not later
than September 1, 2020: Provided further,
That <<NOTE: Notification.>> any notification submitted
pursuant to such section shall include any funds
specifically intended for lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for the ISF or the LAF if the ISF or the
LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(f) Libya.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for stabilization assistance
for Libya, including support for a United Nations-facilitated
political process and border security: Provided,
That <<NOTE: Applicability.>> the limitation on the uses of
funds for certain infrastructure projects in section 7041(f)(2)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law 113-
76) shall apply to such funds.
(2) <<NOTE: Reports.>> Certification.--Prior to the initial
obligation of funds made available by this Act for assistance
for Libya, the Secretary of State shall certify and report to
the Committees on Appropriations that all practicable steps have
been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided,
That <<NOTE: Deadline.>> not later than 90 days after enactment
of this Act and prior to the obligation of such funds, the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development, shall
consult with the Committees on Appropriations on the proposed
uses of such funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for
[[Page 133 STAT. 2889]]
Morocco may only be used for the purposes requested in the
Congressional Budget Justification, Foreign Operations, Fiscal
Year 2017.
(h) Saudi Arabia.--
(1) International military education and training.--None of
the funds appropriated by this Act under the heading
``International Military Education and Training'' may be made
available for assistance for the Government of Saudi Arabia.
(2) Export-import bank.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs should be obligated or expended by the
Export-Import Bank of the United States to guarantee, insure, or
extend (or participate in the extension of) credit in connection
with the export of nuclear technology, equipment, fuel,
materials, or other nuclear technology-related goods or services
to Saudi Arabia unless the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation agreement
pursuant to section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153);
(B) has committed to renounce uranium enrichment and
reprocessing on its territory under that agreement; and
(C) has signed and implemented an Additional
Protocol to its Comprehensive Safeguards Agreement with
the International Atomic Energy Agency.
(i) Syria.--
(1) Non-lethal assistance.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'', and
``Peacekeeping Operations'', not less than $40,000,000 shall be
made available, notwithstanding any other provision of law, for
non-lethal stabilization assistance for Syria, of which not less
than $7,000,000 shall be made available for emergency medical
and rescue response and chemical weapons use investigations.
(2) Limitations.--Funds made available pursuant to paragraph
(1) of this subsection--
(A) may not be made available for a project or
activity that supports or otherwise legitimizes the
Government of Iran, foreign terrorist organizations (as
designated pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189)), or a proxy of Iran
in Syria;
(B) <<NOTE: Russia. Determination.>> may not be
made available for activities that further the strategic
objectives of the Government of the Russian Federation
that the Secretary of State determines may threaten or
undermine United States national security interests; and
(C) <<NOTE: Bashar al-Assad.>> should not be used
in areas of Syria controlled by a government led by
Bashar al-Assad or associated forces.
(3) Monitoring and oversight.--Prior to the obligation of
any funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
[[Page 133 STAT. 2890]]
(4) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available following
consultation with the appropriate congressional committees, and
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(j) Tunisia.--
(1) Assistance appropriated by this act.--Of the funds
appropriated under titles III and IV of this Act, not less than
$191,400,000 shall be made available for assistance for Tunisia.
(2) Assistance appropriated by prior acts.--Of the funds
appropriated under the heading ``Economic Support Fund'' in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, not less than
$50,000,000 shall be made available for assistance for Tunisia:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) <<NOTE: Waiver authority. Certification. Reports.>>
Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same standing
as member states or full membership as a state in
the United Nations or any specialized agency
thereof outside an agreement negotiated between
Israel and the Palestinians; or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support such
an investigation, that subjects Israeli nationals
to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph resulting
from the application of subclause (I) of such clause if
the Secretary certifies to the Committees on
Appropriations that to do so is in the national security
interest of the United States, and submits a report to
such Committees detailing how the waiver and the
continuation of assistance would assist in furthering
Middle East peace.
(B)(i) <<NOTE: President. Determination.>> The
President may waive the provisions of section 1003 of
the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of
the House of Representatives, the President pro tempore
of the Senate, and the appropriate congressional
committees
[[Page 133 STAT. 2891]]
that the Palestinians have not, after the date of
enactment of this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel and
the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for
alleged crimes against Palestinians.
(ii) <<NOTE: Deadline.>> Not less than 90 days
after the President is unable to make the certification
pursuant to clause (i) of this subparagraph, the
President may waive section 1003 of Public Law 100-204
if the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees
on Appropriations that the Palestinians have entered
into direct and meaningful negotiations with Israel:
Provided, That any waiver of the provisions of section
1003 of Public Law 100-204 under clause (i) of this
subparagraph or under previous provisions of law must
expire before the waiver under the preceding sentence
may be exercised.
(iii) <<NOTE: Time period.>> Any waiver pursuant to
this subparagraph shall be effective for no more than a
period of 6 months at a time and shall not apply beyond
12 months after the enactment of this Act.
(3) <<NOTE: Determination.>> Reduction.--The Secretary of
State shall reduce the amount of assistance made available by
this Act under the heading ``Economic Support Fund'' for the
Palestinian Authority by an amount the Secretary determines is
equivalent to the amount expended by the Palestinian Authority,
the Palestine Liberation Organization, and any successor or
affiliated organizations with such entities as payments for acts
of terrorism by individuals who are imprisoned after being
fairly tried and convicted for acts of terrorism and by
individuals who died committing acts of terrorism during the
previous calendar year: Provided, That <<NOTE: Reports.>> the
Secretary shall report to the Committees on Appropriations on
the amount reduced for fiscal year 2020 prior to the obligation
of funds for the Palestinian Authority.
(4) Private sector partnership programs.--Funds appropriated
by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
may be made available for private sector partnership programs
for the West Bank and Gaza if such funds are authorized:
Provided, That <<NOTE: Consultation. Notification.>> funds made
available pursuant to this paragraph shall be subject to prior
consultation with the appropriate congressional committees, and
the regular notification procedures of the Committees on
Appropriations.
(5) <<NOTE: Applicability.>> Security report.--The
reporting requirements in section 1404 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252) shall apply to
funds made available by this Act, including a description of
modifications, if any, to the security strategy of the
Palestinian Authority.
(6) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit
[[Page 133 STAT. 2892]]
a report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter incitement
of violence against Israelis and to promote peace and
coexistence with Israel.
(l) Yemen.--Funds appropriated under title III of this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be made available for
stabilization assistance for Yemen.
africa
Sec. 7042. (a) <<NOTE: Determination. Reports.>> African Great
Lakes Region Assistance Restriction.--Funds appropriated by this Act
under the heading ``International Military Education and Training'' for
the central government of a country in the African Great Lakes region
may be made available only for Expanded International Military Education
and Training and professional military education until the Secretary of
State determines and reports to the Committees on Appropriations that
such government is not facilitating or otherwise participating in
destabilizing activities in a neighboring country, including aiding and
abetting armed groups.
(b) <<NOTE: Boko Haram.>> Cameroon.--Funds appropriated under title
IV of this Act that are made available for assistance for the armed
forces of Cameroon, including the Rapid Intervention Battalion, may only
be made available to counter regional terrorism, including Boko Haram
and other Islamic State affiliates, participate in international
peacekeeping operations, and for military education and maritime
security programs.
(c) Central African Republic.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than $3,000,000
shall be made available for a contribution to the Special Criminal Court
in Central African Republic.
(d) Democratic Republic of the Congo.--Funds appropriated by this
Act under titles III and IV shall be made available for assistance for
the Democratic Republic of the Congo for stabilization, global health,
and bilateral economic assistance, including in areas affected by, and
at risk from, the Ebola virus disease.
(e) Lake Chad Basin Countries.--Funds appropriated under titles III
and IV of this Act shall be made available, following consultation with
the Committees on Appropriations, for assistance for Cameroon, Chad,
Niger, and Nigeria for--
(1) democracy, development, and health programs;
(2) <<NOTE: Boko Haram.>> assistance for individuals
targeted by foreign terrorist and other extremist organizations,
including Boko Haram, consistent with the provisions of section
7059 of this Act;
(3) assistance for individuals displaced by violent
conflict; and
(4) counterterrorism programs.
(f) Malawi.--Of the funds appropriated by this Act under the heading
``Development Assistance'', not less than $60,000,000 shall be made
available for assistance for Malawi, of which up to $10,000,000 shall be
made available for higher education programs.
(g) Sahel Stabilization and Security.--Funds appropriated under
titles III and IV of this Act shall be made available for stabilization,
health, development, and security programs in the countries of the Sahel
region.
(h) South Sudan.--
[[Page 133 STAT. 2893]]
(1) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for South
Sudan, not less than $15,000,000 shall be made available for
democracy programs and not less than $8,000,000 shall be made
available for conflict mitigation and reconciliation programs.
(2) <<NOTE: Consultation.>> Limitation on assistance for
the central government.--Funds appropriated by this Act that are
made available for assistance for the central Government of
South Sudan may only be made available, following consultation
with the Committees on Appropriations, for--
(A) humanitarian assistance;
(B) health programs, including to prevent, detect,
and respond to the Ebola virus disease;
(C) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement
and mutual arrangements related to such agreement:
Provided, That <<NOTE: Consultation.>> prior to the initial
obligation of funds made available pursuant to subparagraphs (C) and
(D), the Secretary of State shall consult with the Committees on
Appropriations on the intended uses of such funds and steps taken by
such government to advance or implement a peace agreement.
(i) Sudan.--
(1) Limitations on assistance and loans.--(A)
Notwithstanding any other provision of law, none of the funds
appropriated by this Act may be made available for assistance
for the Government of Sudan.
(B) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and credit
agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy, health, agriculture,
economic growth, and education programs;
(C) assistance for the Darfur region, Southern
Kordofan State, Blue Nile State, other marginalized
areas and populations in Sudan, and Abyei; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement,
mutual arrangements related to post-referendum issues
associated with such Agreement, or any other viable
peace agreement in Sudan.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for any
new program or activity in Sudan shall be subject to prior
consultation with the appropriate congressional committees.
(j) <<NOTE: Certifications. Reports. 22 USC 2151 note.>>
Zimbabwe.--
[[Page 133 STAT. 2894]]
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant to
the Government of Zimbabwe, except to meet basic human needs or
to promote democracy, unless the Secretary of State certifies
and reports to the Committees on Appropriations that the rule of
law has been restored, including respect for ownership and title
to property, and freedoms of expression, association, and
assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) <<NOTE: Consultation.>> Bilateral economic
assistance.--(A) Of the funds appropriated under title III of
this Act, not less than $131,450,000 shall be made available for
assistance for Burma: Provided, That such funds may be made
available notwithstanding any other provision of law and
following consultation with the appropriate congressional
committees: Provided further, That such funds shall be made
available for programs to promote ethnic and religious tolerance
and to combat gender-based violence, including in Kachin, Karen,
Rakhine, and Shan states: Provided further, That such funds may
be made available for ethnic groups and civil society in Burma
to help sustain ceasefire agreements and further prospects for
reconciliation and peace, which may include support to
representatives of ethnic armed groups for this purpose.
(B) Funds appropriated under title III of this Act for
assistance for Burma shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for Burmese
refugees from funds appropriated by this Act under the heading
``Migration and Refugee Assistance'': Provided, That such funds
may be available for programs to support the return of Kachin,
Karen, Rohingya, Shan, and other refugees and internally
displaced persons to their locations of origin or preference in
Burma only if such returns are voluntary and consistent with
international law.
(C) <<NOTE: Reports.>> Funds appropriated under title III
of this Act for assistance for Burma that are made available for
assistance for the Government of Burma to support the
implementation of Nationwide Ceasefire Agreement conferences,
committees, and other procedures may only be made available if
the Secretary of State reports to the Committees on
Appropriations that such conferences, committees, and procedures
are directed toward a sustainable peace and the Government of
Burma is implementing its commitments under such Agreement.
[[Page 133 STAT. 2895]]
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That <<NOTE: Consultations.>> the Department
of State may continue consultations with the armed forces of
Burma only on human rights and disaster response in a manner
consistent with the prior fiscal year, and following
consultation with the appropriate congressional committees.
(3) Limitations.--None of the funds appropriated under title
III of this Act for assistance for Burma may be made available
to any organization or entity controlled by the armed forces of
Burma, or to any individual or organization that advocates
violence against ethnic or religious groups or individuals in
Burma, as determined by the Secretary of State for programs
administered by the Department of State and USAID or the
President of the National Endowment for Democracy (NED) for
programs administered by NED.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2020 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under title III
of this Act, not less than $82,505,000 shall be made available
for assistance for Cambodia.
(2) Certification and exceptions.--
(A) <<NOTE: Reports.>> Certification.--None of the
funds appropriated by this Act that are made available
for assistance for the Government of Cambodia may be
obligated or expended unless the Secretary of State
certifies and reports to the Committees on
Appropriations that such Government is taking effective
steps to--
(i) strengthen regional security and
stability, particularly regarding territorial
disputes in the South China Sea and the
enforcement of international sanctions with
respect to North Korea;
(ii) assert its sovereignty against
interference by the People's Republic of China,
including by verifiably maintaining the neutrality
of Ream Naval Base, other military installations
in Cambodia, and dual use facilities such as the
Dara Sakor development project; and
(iii) respect the rights, freedoms, and
responsibilities enshrined in the Constitution of
the Kingdom of Cambodia as enacted in 1993.
(B) Exceptions.--The certification required by
subparagraph (A) shall not apply to funds appropriated
by this Act and made available for democracy, health,
education, and environment programs, programs to
strengthen the sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of the
influence efforts of the People's Republic of China in
Cambodia.
(3) Uses of funds.--Funds appropriated under title III of
this Act for assistance for Cambodia shall be made available
for--
(A) research and education programs associated with
the Khmer Rouge in Cambodia; and
[[Page 133 STAT. 2896]]
(B) programs in the Khmer language to monitor, map,
and publicize the efforts by the People's Republic of
China to expand its influence in Cambodia, including in
Sihanoukville, Bavet, Poipet, Koh Kong, and areas
bordering Vietnam.
(c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act of
2018.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,482,000,000 shall be made
available to support the implementation of the Indo-Pacific
Strategy and the Asia Reassurance Initiative Act of 2018 (Public
Law 115-409).
(2) <<NOTE: Consultation.>> Countering chinese influence
fund.--Of the funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'', not less
than $300,000,000 shall be made available for a Countering
Chinese Influence Fund to counter the influence of the People's
Republic of China globally, which shall be subject to prior
consultation with the Committees on Appropriations: Provided,
That such funds are in addition to amounts otherwise made
available for such purposes: Provided further, That such funds
appropriated under such headings may be transferred to, and
merged with, funds appropriated under such headings: Provided
further, That <<NOTE: Notification.>> such transfer authority
is in addition to any other transfer authority provided by this
Act or any other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity that
directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of
China; and
(B) <<NOTE: Consultation. Determination.>> the use
of technology, including biotechnology, digital,
telecommunications, and cyber, developed by the People's
Republic of China unless the Secretary of State, in
consultation with the USAID Administrator and the Chief
Executive Officer of the United States International
Development Finance Corporation, as appropriate,
determines that such use does not adversely impact the
national security of the United States.
(d) Laos.--Of the funds appropriated under title III of this Act,
not less than $34,280,000 shall be made available for assistance for
Laos.
(e) North Korea.--
(1) <<NOTE: Determination. Reports.>> Cybersecurity.--None
of the funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for assistance for
the central government of a country the Secretary of State
determines and reports to the appropriate congressional
committees engages in significant transactions contributing
materially to the malicious cyber-intrusion capabilities of the
Government of North Korea: <<NOTE: Reports.>> Provided, That
[[Page 133 STAT. 2897]]
the Secretary of State shall submit the report required by
section 209 of the North Korea Sanctions and Policy Enhancement
Act of 2016 (Public Law 114-122; 22 U.S.C. 9229) to the
Committees on Appropriations: Provided further,
That <<NOTE: Waiver authority. Determination. Reports.>> the
Secretary of State may waive the application of the restriction
in this paragraph with respect to assistance for the central
government of a country if the Secretary determines and reports
to the appropriate congressional committees that to do so is
important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Human rights promotion and limitation on use of funds.--
(A) Funds appropriated by this Act under the headings ``Economic
Support Fund'' and ``Democracy Fund'' shall be made available
for the promotion of human rights in North Korea: Provided,
That <<NOTE: Applicability.>> the authority of section
7032(b)(1) of this Act shall apply to such funds.
(B) None of the funds made available by this Act under the
heading ``Economic Support Fund'' may be made available for
assistance for the Government of North Korea.
(f) People's Republic of China.--
(1) <<NOTE: Deadline. Notification.>> Limitation on use of
funds.--None of the funds appropriated under the heading
``Diplomatic Programs'' in this Act may be obligated or expended
for processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC) unless, at
least 15 days in advance, the Committees on Appropriations are
notified of such proposed action.
(2) <<NOTE: Applicability.>> People's liberation army.--The
terms and requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign assistance
projects or activities of the People's Liberation Army (PLA) of
the PRC, to include such projects or activities by any entity
that is owned or controlled by, or an affiliate of, the PLA:
Provided, That none of the funds appropriated or otherwise made
available pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any entity
that the Secretary of State has reason to believe is owned or
controlled by, or an affiliate of, the PLA.
(3) <<NOTE: Consultation. Reports.>> United states-china
friendship volunteer program.--Not later than 90 days after
enactment of this Act and following consultation with the heads
of other relevant Federal agencies, the Director of the Peace
Corps shall submit a report to the appropriate congressional
committees on the United States-China Friendship Volunteer
Program, including a description of program coordination,
implementation, and oversight, and the goals and objectives
served: Provided, That the Director shall also consult with the
Committees on Appropriations on such report.
(4) Hong kong.--
(A) Democracy programs.--Of the funds appropriated
by this Act under the heading ``Democracy Fund'' for the
Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of
[[Page 133 STAT. 2898]]
State, not less than $1,500,000 shall be made available
for democracy programs for Hong Kong, including legal
and other support for democracy activists.
(B) Report.--Funds appropriated under title I of
this Act shall be made available to prepare and submit
to Congress the report required by section 301 of the
United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5731), which shall also include a description of--
(i) efforts by the Hong Kong authorities and
the Government of the People's Republic of China
to prevent free assembly and communications by the
people of Hong Kong;
(ii) the technical surveillance equipment and
methods used by the Hong Kong authorities and the
Government of the People's Republic of China to
monitor the movement and communications of the
Hong Kong population;
(iii) the application of social and political
control tools developed by the Government of the
People's Republic of China and used by such
Government and the Hong Kong authorities in Hong
Kong;
(iv) the disinformation and political
influence campaigns conducted by the Government of
the People's Republic of China in Hong Kong and
overseas with respect to the situation in Hong
Kong; and
(v) the mission and activities of the People's
Armed Police, the People's Liberation Army, the
Ministries of Public Security and State Security
in Beijing, the Government of the People's
Republic of China, and other Chinese security
forces in Hong Kong, including their respective
roles in human rights abuses against the people of
Hong Kong.
(g) Philippines.--None of the funds appropriated by this Act under
the heading ``International Narcotics Control and Law Enforcement'' may
be made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction.
(h) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director of
each international financial institution to use the voice and
vote of the United States to support financing of projects in
Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and natural
resources to non-Tibetans, are based on a thorough needs-
assessment, foster self-sufficiency of the Tibetan people and
respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--(A) Notwithstanding
any other provision of law, of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$8,000,000 shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education, and
environmental conservation in Tibetan communities
[[Page 133 STAT. 2899]]
in the Tibet Autonomous Region and in other Tibetan communities
in China.
(B) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $6,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development of the
next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in subparagraph (A) for programs inside Tibet.
(C) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $3,000,000 shall be
made available for programs to strengthen the capacity of the
Central Tibetan Administration: Provided, That such funds shall
be administered by the United States Agency for International
Development.
(i) Vietnam.--Of the funds appropriated under titles III and IV of
this Act, not less than $159,634,000 shall be made available for
assistance for Vietnam, of which not less than--
(1) $13,000,000 shall be made available for health and
disability programs in areas sprayed with Agent Orange and
contaminated with dioxin, to assist individuals with severe
upper or lower body mobility impairment or cognitive or
developmental disabilities;
(2) $20,000,000 shall be made available, notwithstanding any
other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam,
including the military, for such purposes; and
(3) $1,500,000 shall be made available for a war legacy
reconciliation program.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' that are made available
for assistance for Afghanistan--
(A) shall be made available to implement the South
Asia Strategy, the Revised Strategy for United States
Engagement in Afghanistan, and the United States Agency
for International Development Country Development
Cooperation Strategy for Afghanistan;
(B) shall be made available to continue support for
institutions of higher education in Kabul, Afghanistan
that are accessible to both women and men in a
coeducational environment, including for the costs for
operations and security for such institutions;
(C) shall be made available for programs that
protect and strengthen the rights of Afghan women and
girls and promote the political and economic empowerment
of women including their meaningful inclusion in
political processes: Provided, That <<NOTE: Grants.>>
such assistance to promote the economic empowerment of
women shall be made available as grants
[[Page 133 STAT. 2900]]
to Afghan organizations, to the maximum extent
practicable; and
(D) may not be made available for any program,
project, or activity pursuant to section 7044(a)(1)(C)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6).
(2) Afghan women.--
(A) In general.--The Secretary of State shall
promote the meaningful participation of Afghan women in
ongoing peace and reconciliation processes in
Afghanistan in a manner consistent with the Women,
Peace, and Security Act of 2017 (Public Law 115-68),
including advocacy for the inclusion of Afghan women
leaders in ongoing and future dialogue and negotiations
and efforts to ensure that any peace agreement reached
with the Taliban protects the rights of women and girls
and ensures their freedom of movement, rights to
education and work, and access to healthcare and legal
representation.
(B) <<NOTE: Reports.>> Assistance.--Funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading
``Economic Support Fund'' shall be made available for an
endowment pursuant to paragraph (3)(A)(iv) of this
subsection for an institution of higher education in
Kabul, Afghanistan that is accessible to both women and
men in a coeducational environment: Provided, That such
endowment shall be established in partnership with a
United States-based American higher education
institution that will serve on its board of trustees:
Provided further, That prior to the obligation of funds
for such an endowment, the Administrator of the United
States Agency for International Development shall submit
a report to the Committees on Appropriations describing
the governance structure, including a proposed board of
trustees, and financial safeguards, including regular
audit and reporting requirements, in any endowment
agreement: Provided further, That the USAID
Administrator shall provide a report on the expenditure
of funds generated from such an endowment to the
Committees on Appropriations on an annual basis.
(3) Authorities.--
(A) Funds appropriated by this Act under titles III
through VI that are made available for assistance for
Afghanistan may be made available--
(i) notwithstanding section 7012 of this Act
or any similar provision of law and section 660 of
the Foreign Assistance Act of 1961;
(ii) for reconciliation programs and
disarmament, demobilization, and reintegration
activities for former combatants who have
renounced violence against the Government of
Afghanistan, including in accordance with section
7046(a)(2)(B)(ii) of the Department of State,
Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law
112-74);
[[Page 133 STAT. 2901]]
(iii) for an endowment to empower women and
girls; and
(iv) for an endowment for higher education.
(B) <<NOTE: Applicability.>> Section 7046(a)(2)(A)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012 (division I of
Public Law 112-74) shall apply to funds appropriated by
this Act for assistance for Afghanistan.
(C) Of the funds appropriated by this Act under the
heading ``Diplomatic Programs'', up to $3,000,000 may be
transferred to any other appropriation of any department
or agency of the United States Government, upon the
concurrence of the head of such department or agency, to
support operations in, and assistance for, Afghanistan
and to carry out the provisions of the Foreign
Assistance Act of 1961: Provided,
That <<NOTE: Notification.>> any such transfer shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(4) Agreement and certification.--Funds appropriated by this
Act shall be made available for the following purposes--
(A) <<NOTE: President. Records. Deadline.>> the
submission to the appropriate congressional committees
by the President of a copy of any agreement or
arrangement between the Government of the United States
and the Taliban relating to the United States presence
in Afghanistan or Taliban commitments on the future of
Afghanistan, which shall be submitted not later than 30
days after finalizing such an agreement or arrangement;
and
(B) the submission to the appropriate congressional
committees of a joint certification by the Secretary of
State and Secretary of Defense that such agreement or
arrangement will further the objective of setting
conditions for the long-term defeat of al Qaeda and
Islamic State and will not make the United States more
vulnerable to terrorist attacks originating from
Afghanistan or supported by terrorist elements in
Afghanistan.
(5) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III and IV
of this Act, not less than $198,323,000 shall be made available for
assistance for Bangladesh, of which--
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from
Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and due process of
law; and
(3) not less than $23,300,000 shall be made available for
democracy programs, of which not less than $2,000,000 shall be
made available for such programs for the Rohingya community in
Bangladesh.
(c) Nepal.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $130,265,000 shall be
[[Page 133 STAT. 2902]]
made available for assistance for Nepal, including for
earthquake recovery and reconstruction programs and democracy
programs.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and in
support of international peacekeeping operations: Provided,
That <<NOTE: Certification. Reports. Human rights.>> such funds
may only be made available for any additional uses if the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Nepal is investigating and
prosecuting violations of human rights and the laws of war, and
the Nepal Army is cooperating fully with civilian judicial
authorities in such cases.
(d) Pakistan.--
(1) <<NOTE: Extension.>> Terms and conditions.--The terms
and conditions of section 7044(c) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6) shall continue in effect
during fiscal year 2020.
(2) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for Pakistan,
not less than $15,000,000 shall be made available for democracy
programs and not less than $10,000,000 shall be made available
for gender programs.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly in
areas recovering from ethnic and religious conflict: Provided,
That such funds shall be made available for programs to assist
in the identification and resolution of cases of missing
persons.
(2) <<NOTE: Reports.>> Certification.--Funds appropriated
by this Act for assistance for the central Government of Sri
Lanka, except for funds made available for humanitarian
assistance, victims of trauma, and technical assistance to
promote fiscal transparency and sovereignty, may be made
available only if the Secretary of State certifies and reports
to the Committees on Appropriations that such Government is
taking effective and consistent steps to--
(A) <<NOTE: Human rights.>> respect and uphold the
rights and freedoms of the people of Sri Lanka
regardless of ethnicity and religious belief, including
by investigating violations of human rights and holding
perpetrators of such violations accountable;
(B) assert its sovereignty against interference by
the People's Republic of China; and
(C) promote reconciliation between ethnic and
religious groups arising from past conflict in Sri
Lanka, including by addressing land confiscation and
ownership issues, resolving cases of missing persons,
and reducing the presence of the armed forces in former
conflict zones.
(3) International security assistance.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', not to exceed $500,000 may be made
available for assistance for Sri Lanka: Provided, That such
funds may be made available only for programs to support
[[Page 133 STAT. 2903]]
humanitarian and disaster response preparedness and maritime
security, including professionalization and training for the
navy and coast guard: Provided further,
That <<NOTE: Notification.>> funds made available under the
heading ``Peacekeeping Operations'' may only be made available
subject to the regular notification procedures of the Committees
on Appropriations.
(f) Regional Programs.--Funds appropriated by this Act shall be made
available for assistance for Afghanistan, Pakistan, and other countries
in South and Central Asia to significantly increase the recruitment,
training, and retention of women in the judiciary, police, and other
security forces, and to train judicial and security personnel in such
countries to prevent and address gender-based violence, human
trafficking, and other practices that disproportionately harm women and
girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--
(A) Fiscal year 2020.--Of the funds appropriated by
this Act under titles III and IV, not less than
$519,885,000 should be made available for assistance for
Belize, Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama, including through the Central
America Regional Security Initiative: Provided,
That <<NOTE: Priority.>> such assistance shall be
prioritized for programs and activities that addresses
the key factors that contribute to the migration of
unaccompanied, undocumented minors to the United States
and such funds shall be made available for global
health, humanitarian, development, democracy, border
security, and law enforcement programs for such
countries, including for programs to reduce violence
against women and girls and to combat corruption, and
for support of commissions against corruption and
impunity, as appropriate: Provided further, That not
less than $45,000,000 shall be for support of offices of
Attorneys General and of other entities and activities
to combat corruption and impunity in such countries.
(B) Fiscal year 2019.--Of the funds appropriated
under titles III and IV of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6), not less
than $527,600,000 should be made available for
assistance for Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama, including
through the Central America Regional Security
Initiative: Provided, That such funds shall be made
available subject to the conditions in paragraph (2) of
this subsection and notwithstanding paragraphs (1) and
(2) of section 7045(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6).
(2) Northern triangle.--
(A) <<NOTE: Certification. Reports.>> Limitation on
assistance to certain central governments.--Of the funds
made available pursuant to paragraph (1) under the
heading ``Economic Support Fund'' and under title IV of
this Act that are made available for assistance for each
of the central governments of El
[[Page 133 STAT. 2904]]
Salvador, Guatemala, and Honduras, 50 percent may only
be obligated after the Secretary of State certifies and
reports to the appropriate congressional committees that
such government is--
(i) combating corruption and impunity,
including prosecuting corrupt government
officials;
(ii) implementing reforms, policies, and
programs to increase transparency and strengthen
public institutions;
(iii) protecting the rights of civil society,
opposition political parties, and the independence
of the media;
(iv) providing effective and accountable law
enforcement and security for its citizens, and
upholding due process of law;
(v) implementing policies to reduce poverty
and promote equitable economic growth and
opportunity;
(vi) supporting the independence of the
judiciary and of electoral institutions;
(vii) improving border security;
(viii) combating human smuggling and
trafficking and countering the activities of
criminal gangs, drug traffickers, and
transnational criminal organizations; and
(ix) informing its citizens of the dangers of
the journey to the southwest border of the United
States.
(B) Reprogramming.--If the Secretary is unable to
make the certification required by subparagraph (A) for
one or more of the governments, such assistance for such
central government shall be reprogrammed for assistance
for other countries in Latin America and the Caribbean,
notwithstanding the minimum funding requirements of this
subsection and of section 7019 of this
Act: <<NOTE: Notification.>> Provided, That any such
reprogramming shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(C) Exceptions.--The limitation of subparagraph (A)
shall not apply to funds appropriated by this Act that
are made available for--
(i) the Mission to Support the Fight Against
Corruption and Impunity in Honduras, the
International Commission Against Impunity in El
Salvador, and support of offices of Attorneys
General and of other entities and activities
related to combating corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) humanitarian assistance; and
(iv) food security programs.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, not less than $448,253,000 shall be made
available for assistance for Colombia: Provided, That such
funds shall be made available for the programs and activities
described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) <<NOTE: Certification. Reports.>> Withholding of
funds.--
[[Page 133 STAT. 2905]]
(A) Counternarcotics.--Of the funds appropriated by
this Act under the heading ``International Narcotics
Control and Law Enforcement'' and made available for
assistance for Colombia, 20 percent may be obligated
only after the Secretary of State certifies and reports
to the Committees on Appropriations that the Government
of Colombia is continuing to implement a national whole-
of-government counternarcotics strategy intended to
reduce by 50 percent cocaine production and coca
cultivation levels in Colombia by 2023.
(B) Human rights.--Of the funds appropriated by this
Act under the heading ``Foreign Military Financing
Program'' and made available for assistance for
Colombia, 20 percent may be obligated only after the
Secretary of State certifies and reports to the
Committees on Appropriations that--
(i) the Special Jurisdiction for Peace and
other judicial authorities are taking effective
steps to hold accountable perpetrators of gross
violations of human rights in a manner consistent
with international law, including for command
responsibility, and sentence them to deprivation
of liberty;
(ii) the Government of Colombia is taking
effective steps to prevent attacks against human
rights defenders and other civil society
activists, trade unionists, and journalists, and
judicial authorities are prosecuting those
responsible for such attacks; and
(iii) senior military officers responsible for
ordering, committing, and covering up cases of
false positives are being held accountable,
including removal from active duty if found guilty
through criminal or disciplinary proceedings.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs and made
available for assistance for Colombia may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities, and to
provide transport in support of alternative development programs
and investigations by civilian judicial authorities.
(5) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for assistance for Colombia may be made available for payment of
reparations to conflict victims or compensation to demobilized
combatants associated with a peace agreement between the
Government of Colombia and illegal armed groups.
(c) Haiti.--
(1) <<NOTE: Reports.>> Certification.--Funds appropriated
by this Act under the heading ``Economic Support Fund'' that are
made available for assistance for Haiti may not be made
available for assistance for the central Government of Haiti
unless the Secretary of State certifies and reports to the
Committees on Appropriations
[[Page 133 STAT. 2906]]
that such government is taking effective steps, which are steps
taken since the certification and report submitted during the
prior year, if applicable, to--
(A) strengthen the rule of law in Haiti, including
by--
(i) selecting judges in a transparent manner
based on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the
judiciary; and
(iv) improving governance by implementing
reforms to increase transparency and
accountability, including through the penal and
criminal codes;
(B) combat corruption, including by implementing the
anti-corruption law enacted in 2014 and prosecuting
corrupt officials;
(C) increase government revenues, including by
implementing tax reforms, and increasing expenditures on
public services; and
(D) resolve commercial disputes between United
States entities and the Government of Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(3) Limitation.--None of the funds made available by this
Act may be used to provide assistance to the armed forces of
Haiti.
(d) The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $60,000,000 shall be made available for
the Caribbean Basin Security Initiative.
(e) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $30,000,000 shall be
made available for democracy programs for Venezuela.
(2) Funds appropriated under title III of this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be made available for
assistance for communities in countries supporting or otherwise
impacted by refugees from Venezuela, including Colombia, Peru,
Ecuador, Curacao, and Trinidad and Tobago: Provided,
That <<NOTE: Consultation. Notification.>> such amounts are in
addition to funds otherwise made available for assistance for
such countries, subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $448,000,000 shall be made
available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act may be
made available for assistance for a government of an Independent State
of the former Soviet Union if such government directs
[[Page 133 STAT. 2907]]
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That <<NOTE: President. Determination.>> except as otherwise provided
in section 7047(a) of this Act, funds may be made available without
regard to the restriction in this subsection if the President determines
that to do so is in the national security interest of the United States:
Provided further, That <<NOTE: Consultation.>> prior to executing the
authority contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how such
assistance supports the national security interest of the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD Act
of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) <<NOTE: Determination. Reports.>> Turkey.--None of the funds
made available by this Act may be used to facilitate or support the sale
of defense articles or defense services to the Turkish Presidential
Protection Directorate (TPPD) under Chapter 2 of the Arms Export Control
Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines
and reports to the appropriate congressional committees that members of
the TPPD that are named in the July 17, 2017, indictment by the Superior
Court of the District of Columbia, and against whom there are pending
charges, have returned to the United States to stand trial in connection
with the offenses contained in such indictment or have otherwise been
brought to justice: Provided, That the limitation in this paragraph
shall not apply to the use of funds made available by this Act for
border security purposes, for North Atlantic Treaty Organization or
coalition operations, or to enhance the protection of United States
officials and facilities in Turkey.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Crimea.--
[[Page 133 STAT. 2908]]
(1) <<NOTE: Determination. Reports.>> Prohibition.--None of
the funds appropriated by this Act may be made available for
assistance for the central government of a country that the
Secretary of State determines and reports to the Committees on
Appropriations has taken affirmative steps intended to support
or be supportive of the Russian Federation annexation of Crimea
or other territory in Ukraine: Provided, That <<NOTE: Waiver
authority. Determination. Reports.>> except as otherwise
provided in subsection (a), the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary determines and reports to such Committees that to do
so is in the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of Russian-backed
separatists, if such activity includes the participation
of Russian Government officials, or other Russian owned
or controlled financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of Russian-backed separatists,
if such assistance includes the participation of Russian
Government officials, or other Russian owned or
controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use the
voice and vote of the United States to oppose any assistance by
such institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty or territorial
integrity of Ukraine.
(4) <<NOTE: Determination. Reports.>> Duration.--The
requirements and limitations of this subsection shall cease to
be in effect if the Secretary of State determines and reports to
the Committees on Appropriations that the Government of Ukraine
has reestablished sovereignty over Crimea and other territory in
Ukraine under the control of Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) <<NOTE: Determination. Reports.>> Prohibition.--None of
the funds appropriated by this Act may be made available for
assistance for the central government of a country that the
Secretary of State determines and reports to the Committees on
Appropriations has recognized the independence of, or has
established diplomatic relations with, the Russian Federation
occupied Georgian territories of Abkhazia and Tskhinvali Region/
South Ossetia: <<NOTE: Web posting. Lists.>> Provided, That
the Secretary shall publish on the Department of State website a
list of any such central governments in a timely manner:
Provided further, That <<NOTE: Waiver
authority. Determination. Reports.>> the Secretary may waive
the restriction on assistance required by this paragraph if the
Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of the
United States, and includes a justification for such interest.
[[Page 133 STAT. 2909]]
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use the
voice and vote of the United States to oppose any assistance by
such institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty and territorial
integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this Act under
the headings ``Assistance for Europe, Eurasia and Central
Asia'', ``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'', not less than $290,000,000 shall
be made available to carry out the purposes of the Countering
Russian Influence Fund, as authorized by section 254 of the
Countering Russian Influence in Europe and Eurasia Act of 2017
(Public Law 115-44; 22 U.S.C. 9543) and notwithstanding the
country limitation in subsection (b) of such section, and
programs to enhance the capacity of law enforcement and security
forces in countries in Europe, Eurasia, and Central Asia and
strengthen security cooperation between such countries and the
United States and the North Atlantic Treaty Organization, as
appropriate.
(2) Economics and trade.--Funds appropriated by this Act and
made available for assistance for the Eastern Partnership
countries shall be made available to advance the implementation
of Association Agreements and trade agreements with the European
Union, and to reduce their vulnerability to external economic
and political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation
and other countries in Europe, Eurasia, and Central Asia, including to
promote Internet freedom: <<NOTE: Deadline. Consultation. Strategy.>>
Provided, That not later than 90 days after enactment of this Act, the
Secretary of State, in consultation with the Administrator of the United
States Agency for International Development, shall submit to the
appropriate congressional committees a comprehensive, multiyear strategy
for the promotion of democracy in such countries.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) <<NOTE: Determination. Reports.>> Withholding of
funds.--Of the funds appropriated under the heading
``Contributions to International Organizations'' in title I and
``International Organizations and Programs'' in title V of this
Act that are available for contributions to the United Nations
(including the Department of Peacekeeping Operations), any
United Nations agency, or the Organization of American States,
15 percent may not be obligated for such organization,
department, or agency until the Secretary of State determines
and reports to the Committees on Appropriations that the
organization, department, or agency is--
[[Page 133 STAT. 2910]]
(A) <<NOTE: Public information. Web
posting. Audits.>> posting on a publicly available
website, consistent with privacy regulations and due
process, regular financial and programmatic audits of
such organization, department, or agency, and providing
the United States Government with necessary access to
such financial and performance audits;
(B) effectively implementing and enforcing policies
and procedures which meet or exceed best practices in
the United States for the protection of whistleblowers
from retaliation, including--
(i) protection against retaliation for
internal and lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting
retaliation;
(iv) access to binding independent
adjudicative bodies, including shared cost and
selection external arbitration; and
(v) results that eliminate the effects of
proven retaliation, including provision for the
restoration of prior employment; and
(C) effectively implementing and enforcing policies
and procedures on the appropriate use of travel funds,
including restrictions on first class and business class
travel.
(2) <<NOTE: Determination. Reports.>> Waiver.--The
restrictions imposed by or pursuant to paragraph (1) may be
waived on a case- by-case basis if the Secretary of State
determines and reports to the Committees on Appropriations that
such waiver is necessary to avert or respond to a humanitarian
crisis.
(b) <<NOTE: Terrorism.>> Restrictions on United Nations Delegations
and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses for
any United States delegation to any specialized agency, body, or
commission of the United Nations if such agency, body, or
commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as a
contribution to any organization, agency, commission, or program
within the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a country
the government of which the Secretary of State has determined,
for purposes of section 620A of the Foreign Assistance Act of
1961, section 40 of the Arms Export Control Act, section 1754(c)
of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or
any other provision of law, is a government that has repeatedly
provided support for acts of international terrorism.
(3) <<NOTE: Determination. Reports.>> Waiver.--The
Secretary of State may waive the restriction in this subsection
if the Secretary determines and reports to the Committees on
Appropriations that to do so is important to the national
interest of the United States, including a description of the
national interest served.
[[Page 133 STAT. 2911]]
(c) <<NOTE: Determination. Reports.>> United Nations Human Rights
Council.--None of the funds appropriated by this Act may be made
available in support of the United Nations Human Rights Council unless
the Secretary of State determines and reports to the Committees on
Appropriations that participation in the Council is important to the
national interest of the United States and that such Council is taking
significant steps to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council: Provided, That
such report shall include a description of the national interest served
and the steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council: Provided
further, That <<NOTE: Time period.>> the Secretary of State shall
report to the Committees on Appropriations not later than September 30,
2020, on the resolutions considered in the United Nations Human Rights
Council during the previous 12 months, and on steps taken to remove
Israel as a permanent agenda item and ensure integrity in the election
of members to such Council.
(d) <<NOTE: Reports.>> United Nations Relief and Works Agency.--
Prior to the initial obligation of funds for the United Nations Relief
and Works Agency (UNRWA), the Secretary of State shall report to the
Committees on Appropriations, in writing, on whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance Act
of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate
purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section 301(c)
of the Foreign Assistance Act of 1961 and continuing regular
reporting to the Department of State on actions it has taken to
ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of the
organization; and
(7) <<NOTE: Compliance.>> in compliance with the United
Nations Board of Auditors' biennial audit requirements and is
implementing in a timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for
[[Page 133 STAT. 2912]]
participation of another country's delegation at international
conferences held under the auspices of multilateral or international
organizations.
(f) Report.--Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation or
expenditure in fiscal year 2020 for contributions to any organization,
department, agency, or program within the United Nations system or any
international program that are withheld from obligation or expenditure
due to any provision of law: Provided, That the
Secretary <<NOTE: Updates.>> shall update such report each time
additional funds are withheld by operation of any provision of law:
Provided further, That <<NOTE: Consultation. Notification.>> the
reprogramming of any withheld funds identified in such report, including
updates thereof, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping Operations.--The
Secretary of State should withhold assistance to any unit of the
security forces of a foreign country if the Secretary has credible
information that such unit has engaged in sexual exploitation or abuse,
including while serving in a United Nations peacekeeping operation,
until the Secretary determines that the government of such country is
taking effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided,
That <<NOTE: Notifications. Deadline. Determination.>> the Secretary
shall promptly notify the government of each country subject to any
withholding of assistance pursuant to this paragraph, and shall notify
the appropriate congressional committees of such withholding not later
than 10 days after a determination to withhold such assistance is made:
Provided further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible members
of such unit to justice.
(h) <<NOTE: Notification.>> Additional Availability.--Subject to
the regular notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made available
due to the implementation of subsection (a), the third proviso under the
heading ``Contributions for International Peacekeeping Activities'' in
title I of this Act, or section 307(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2227(a)), shall remain available for obligation until
September 30, 2021: Provided, That the requirement to withhold funds
for programs in Burma under section 307(a) of the Foreign Assistance Act
of 1961 shall not apply to funds appropriated by this Act.
(i) <<NOTE: Consultations. Determinations. Reports.>> National
Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall withhold 5
percent of the funds appropriated by this Act under the heading
``Contributions to International Organizations'' for a
specialized agency or other entity of the United Nations if the
Secretary, in consultation with the United States Ambassador to
the United Nations, determines and reports to the Committees on
Appropriations that such agency or entity has taken an official
action that is against the national security interest of the
United States or an ally of the United States, including Israel.
(2) Release of funds.--The Secretary of State, in
consultation with the United States Ambassador to the United
Nations, may release funds withheld pursuant to paragraph
[[Page 133 STAT. 2913]]
(1) if the Secretary determines and reports to the Committees on
Appropriations that such agency or entity is taking steps to
address the action that resulted in the withholding of such
funds.
(3) Reprogramming.--Should the Secretary of State be unable
to make a determination pursuant to paragraph (2) regarding the
release of withheld funds, such funds may be reprogrammed for
other purposes under the heading ``Contributions to
International Organizations''.
(4) Waiver.--The Secretary of State, following consultation
with the Committees on Appropriations, may waive the
requirements of this subsection if the Secretary determines that
to do so in the national interest.
war crimes tribunals
Sec. 7049. (a) <<NOTE: President. Determination.>> If the President
determines that doing so will contribute to a just resolution of charges
regarding genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities
and services for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security Council
or such other tribunals or commissions as the Council may establish or
authorize to deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided
further, That <<NOTE: Notification.>> funds made available pursuant to
this section shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
(b) None of the funds appropriated by this Act may be made available
for a United States contribution to the International Criminal Court:
Provided, That funds may be made available for technical assistance,
training, assistance for victims, protection of witnesses, and law
enforcement support related to international investigations,
apprehensions, prosecutions, and adjudications of genocide, crimes
against humanity, and war crimes: Provided further, That the previous
proviso shall not apply to investigations, apprehensions, or
prosecutions of American service members and other United States
citizens or nationals, or nationals of the North Atlantic Treaty
Organization (NATO) or major non-NATO allies initially designated
pursuant to section 517(b) of the Foreign Assistance Act of 1961.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2020 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$65,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized for
countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum
[[Page 133 STAT. 2914]]
extent practicable, by sources other than the United States Government,
including from the private sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act under
the headings ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' that are
made available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs funded
by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) for programs to implement the May 2011,
International Strategy for Cyberspace, the Department of
State International Cyberspace Policy Strategy required
by section 402 of the Cybersecurity Act of 2015
(division N of Public Law 114-113), and the
comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section
414 of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of
repressive Internet-related laws and regulations,
including countering threats to Internet freedom at
international organizations; to combat violence against
bloggers and other users; and to enhance digital
security training and capacity building for democracy
activists;
(D) made available for research of key threats to
Internet freedom; the continued development of
technologies that provide or enhance access to the
Internet, including circumvention tools that bypass
Internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and
maintenance of the technological advantage of the United
States Government over such censorship techniques:
Provided,
That <<NOTE: Consultation. Coordination. Assessment.>>
the Secretary of State, in consultation with the Chief
Executive Officer (CEO) of the United States Agency for
Global Media (USAGM), shall coordinate any such research
and development programs with other relevant United
States Government departments and agencies in order to
share information, technologies, and best practices, and
to assess the effectiveness of such technologies; and
(E) made available only after the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State, concurs that such funds are
allocated consistent with--
(i) the strategies referenced in subparagraph
(B) of this paragraph;
(ii) best practices regarding security for,
and oversight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship
technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading ``International
[[Page 133 STAT. 2915]]
Broadcasting Operations'' that are made available pursuant to
subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute USAGM digital content,
facilitate audience access to such content on websites
that are censored, coordinate the distribution of USAGM
digital content to targeted regional audiences, and to
promote and distribute such tools and techniques,
including digital security techniques;
(B) coordinated with programs funded by this Act
under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the USAGM CEO to provide Internet
circumvention tools and techniques for audiences in
countries that are strategic priorities for the USAGM
and in a manner consistent with the USAGM Internet
freedom strategy; and
(D) <<NOTE: Consultation. Evaluation.>> made
available for the research and development of new tools
or techniques authorized in subparagraph (A) only after
the USAGM CEO, in consultation with the Secretary of
State and other relevant United States Government
departments and agencies, evaluates the risks and
benefits of such new tools or techniques, and
establishes safeguards to minimize the use of such new
tools or techniques for illicit purposes.
(c) <<NOTE: Consultation. Deadline.>> Coordination and Spend
Plans.--After consultation among the relevant agency heads to coordinate
and de-conflict planned activities, but not later than 90 days after
enactment of this Act, the Secretary of State and the USAGM CEO shall
submit to the Committees on Appropriations spend plans for funds made
available by this Act for programs to promote Internet freedom globally,
which shall include a description of safeguards established by relevant
agencies to ensure that such programs are not used for illicit purposes:
Provided, That the Department of State spend plan shall include funding
for all such programs for all relevant Department of State and the
United States Agency for International Development offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support technologies that undergo comprehensive security audits
conducted by the Bureau of Democracy, Human Rights, and Labor,
Department of State to ensure that such technology is secure and has not
been compromised in a manner detrimental to the interest of the United
States or to individuals and organizations benefiting from programs
supported by such funds: Provided, That the
security <<NOTE: Review. Updates.>> auditing procedures used by such
Bureau shall be reviewed and updated periodically to reflect current
industry security standards.
(e) <<NOTE: Determination. Reports.>> Surge.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'', up
to $2,500,000 may be made available to surge Internet freedom programs
in closed societies if the Secretary of State determines and reports to
the appropriate congressional committees that such use of funds is in
the national interest: Provided, That such funds are in addition to
amounts made available for such purposes: Provided further,
That <<NOTE: Consultation. Notification.>> such funds may be
transferred to, and merged with, funds appropriated
[[Page 133 STAT. 2916]]
by this Act under the heading ``International Broadcasting Operations''
following consultation with, and the regular notification procedures of,
the Committees on Appropriations.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Limitation.--None of the funds made available by this
Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) <<NOTE: Consultation.>> Assistance.--Funds appropriated under
titles III and IV of this Act shall be made available, notwithstanding
section 660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for assistance to
eliminate torture and other cruel, inhuman, or degrading treatment or
punishment by foreign police, military or other security forces in
countries receiving assistance from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) <<NOTE: Applicability. Determination. Reports.>> Property
Disposal.--The authority provided in subsection (a) shall apply only
after the Secretary of State determines and reports to the Committees on
Appropriations that the equipment is no longer required to meet
programmatic purposes in the designated country or region: Provided,
That <<NOTE: Consultation. Notification.>> any such transfer shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be coordinated
under the authority of the appropriate Chief of Mission:
Provided, That notwithstanding section 7063(b) of this Act, such
aircraft may be used to transport, on a reimbursable or non-
reimbursable basis, Federal and non-Federal personnel supporting
Department of State and USAID programs and activities: Provided
further, That official travel for other agencies for other
purposes may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis:
Provided further, That funds received by the Department of State
in connection with the use of aircraft owned, leased, or
chartered by the Department of State may be credited to the
Working Capital Fund of the Department and shall be available
for expenses related to the purchase, lease, maintenance,
chartering, or operation of such aircraft.
[[Page 133 STAT. 2917]]
(2) <<NOTE: Applicability.>> Scope.--The requirement and
authorities of this subsection shall only apply to aircraft, the
primary purpose of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The <<NOTE: Applicability.>> terms and conditions of
section 7055 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That the date ``September 30, 2009''
in subsection (f)(2)(B) of such section shall be deemed to be
``September 30, 2019''.
international monetary fund
Sec. 7054. (a) <<NOTE: Applicability.>> Extensions.--The terms and
conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
extradition
Sec. 7055. (a) <<NOTE: Notification.>> Limitation.--None of the
funds appropriated in this Act may be used to provide assistance (other
than funds provided under the headings ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International Narcotics Control
and Law Enforcement'', ``Migration and Refugee Assistance'', ``United
States Emergency Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Assistance'')
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States any
individual indicted for a criminal offense for which the maximum penalty
is life imprisonment without the possibility of parole or for killing a
law enforcement officer, as specified in a United States extradition
request.
(b) <<NOTE: Applicability.>> Clarification.--Subsection (a) shall
only apply to the central government of a country with which the United
States maintains diplomatic relations and with which the United States
has an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) <<NOTE: Certification.>> Waiver.--The Secretary of State may
waive the restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that such waiver
is important to the national interest of the United States.
[[Page 133 STAT. 2918]]
impact on jobs in the united states
Sec. 7056. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act (19 U.S.C.
2467(4)(D) and (E)) should be commensurate with the level of
development of the recipient country and sector, and shall not
preclude assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States if
such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to the Supplemental Guidelines
for High Carbon Intensity Projects approved by the Export-Import
Bank of the United States on December 12, 2013, when enforcement
of such rule, regulation, policy, or guidelines would prohibit,
or have the effect of prohibiting, any coal-fired or other
power-generation project the purpose of which is to--
(A) provide affordable electricity in International
Development Association (IDA)-eligible countries and
IDA-blend countries; and
(B) increase exports of goods and services from the
United States or prevent the loss of jobs from the
United States.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2020, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) <<NOTE: Notification.>> Availability of Funds.--Funds
appropriated by this Act for UNFPA, that are not made available for
UNFPA because of the operation of any provision of law, shall be
transferred to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of the
Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
[[Page 133 STAT. 2919]]
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
UNFPA is budgeting for the year in which the report is submitted
for a country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided,
That of the funds appropriated under title III of this Act, not less
than $575,000,000 should be made available for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species.
(b) Infectious Disease Outbreaks.--
(1) <<NOTE: Determination. Reports.>> Extraordinary
measures.--If the Secretary of State determines and reports to
the Committees on Appropriations that an international
infectious disease outbreak is sustained, severe, and is
spreading internationally, or that it is in the national
interest to respond to a Public Health Emergency of
International Concern, funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises Fund'',
``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and Refugee
Assistance'', and ``Millennium Challenge Corporation'' may be
made available to combat such infectious disease or public
health emergency, and may be transferred to, and merged with,
funds appropriated under such headings for the purposes of this
paragraph.
(2) Emergency reserve fund.--Up to $10,000,000 of the funds
made available under the heading ``Global Health Programs'' may
be made available for the Emergency Reserve
[[Page 133 STAT. 2920]]
Fund established pursuant to section 7058(c)(1) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31):
Provided, That such funds shall be made available under the same
terms and conditions of such section.
(3) Ebola virus disease.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``International Disaster Assistance'' that are made available to
respond to the Ebola virus disease outbreak in the Democratic
Republic of the Congo, including in countries affected by, or at
risk of being affected by, such outbreak, shall be the
responsibility of the Assistant Administrator for Democracy,
Conflict, and Humanitarian Assistance, USAID, or successor
official responsible for USAID Ebola response.
(4) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with the
appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
gender equality
Sec. 7059. (a) Women's Empowerment.--
(1) Gender equality.--Funds appropriated by this Act shall
be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the
status, increasing the participation, and protecting the rights
of women and girls worldwide.
(2) Women's economic empowerment.--Funds appropriated by
this Act are available to implement the Women's Entrepreneurship
and Economic Empowerment Act of 2018 (Public Law 115-428):
Provided, That <<NOTE: Consultation.>> the Secretary of State
and the Administrator of the United States Agency for
International Development, as appropriate, shall consult with
the Committees on Appropriations on the implementation of such
Act.
(3) Women's global development and prosperity fund.--Of the
funds appropriated under title III of this Act, up to
$100,000,000 may be made available for the Women's Global
Development and Prosperity Fund.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available for programs
specifically designed to increase leadership opportunities for women in
countries where women and girls suffer discrimination due to law,
policy, or practice, by strengthening protections for women's political
status, expanding women's participation in political parties and
elections, and increasing women's opportunities for leadership positions
in the public and private sectors at the local, provincial, and national
levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $165,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
[[Page 133 STAT. 2921]]
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'' should be made
available to support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower women as
equal partners in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected by conflict
or in political transition, and to ensure the equitable provision of
relief and recovery assistance to women and girls.
(e) Women and Girls at Risk From Extremism and Conflict.--Of the
funds appropriated by this Act under the heading ``Economic Support
Fund'', not less than $15,000,000 shall be made available to support
women and girls who are at risk from extremism and conflict, and for the
activities described in section 7059(e)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141): Provided,
That <<NOTE: Consultation. Notification.>> such funds are in addition
to amounts otherwise made available by this Act for such purposes, and
shall be made available following consultation with, and the regular
notification procedures of, the Committees on Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--(A) Of the funds appropriated under
title III of this Act, not less than $875,000,000 shall be made
available for assistance for basic education, and such funds may
be made available notwithstanding any other provision of law
that restricts assistance to foreign countries: Provided, That
such funds shall also be used for secondary education
activities: Provided further, That <<NOTE: Consultation.>> the
Administrator of the United States Agency for International
Development, following consultation with the Committees on
Appropriations, may reprogram such funds between
countries: <<NOTE: Notification.>> Provided further, That
funds made available under the headings ``Development
Assistance'' and ``Economic Support Fund'' for the support of
non-state schools in this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs shall be subject to the regular
notification procedures of the Committees on Appropriations.
(B) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $125,000,000 shall be made available for
contributions to multilateral partnerships that support
education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education: Provided,
That <<NOTE: Notification.>> such funds may be made available
notwithstanding any other provision of law that restricts
assistance to foreign countries, and shall be subject to the
regular notification procedures of the
[[Page 133 STAT. 2922]]
Committees on Appropriations: Provided further, That of such
amount, not less than $35,000,000 shall be made available for
new and ongoing partnerships between higher education
institutions in the United States and developing countries
focused on building the capacity of higher education
institutions and systems in developing
countries: <<NOTE: Deadline. Consultation.>> Provided further,
That not later than 45 days after enactment of this Act, the
USAID Administrator shall consult with the Committees on
Appropriations on the proposed uses of funds for such
partnerships.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $17,000,000
shall be made available for cooperative development programs of USAID
and not less than $30,000,000 shall be made available for the American
Schools and Hospitals Abroad program.
(c) Environment Programs.--
(1)(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support environment programs.
(B) <<NOTE: Notification.>> Funds made available pursuant
to this subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(2)(A) Of the funds appropriated under title III of this
Act, not less than $315,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $100,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(C) <<NOTE: Determination. Reports.>> None of the funds
appropriated under title IV of this Act may be made available
for training or other assistance for any military unit or
personnel that the Secretary of State determines has been
credibly alleged to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the appropriate
congressional committees that to do so is in the national
security interest of the United States.
(D) Funds appropriated by this Act for biodiversity programs
shall not be used to support the expansion of industrial scale
logging or any other industrial scale extractive activity into
areas that were primary/intact tropical forests as of December
30, 2013, and the Secretary of the Treasury shall instruct the
United States executive directors of each international
financial institutions (IFI) to use the voice and vote of the
United States to oppose any financing of any such activity.
(3) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy of
the United States to use the voice and vote of the United
States, in relation to any loan, grant, strategy, or policy of
such institution, regarding the construction of any large dam
consistent with the criteria set forth in Senate Report 114-79,
while also considering whether the project involves important
foreign policy objectives.
[[Page 133 STAT. 2923]]
(4) Of the funds appropriated under title III of this Act,
not less than $135,000,000 shall be made available for
sustainable landscapes programs.
(5) Of the funds appropriated under title III of this Act,
not less than $177,000,000 shall be made available for
adaptation programs.
(6) Of the funds appropriated under title III of this Act,
not less than $179,000,000 shall be made available for renewable
energy programs.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,005,600,000
shall be made available for food security and agricultural development
programs to carry out the purposes of the Global Food Security Act of
2016 (Public Law 114-195): Provided, That funds may be made available
for a contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as amended by
section 3310 of the Agriculture Improvement Act of 2018 (Public Law 115-
334).
(e) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be made
available to support the development of, and access to financing for,
micro, small, and medium-sized enterprises that benefit the poor,
especially women.
(f) Programs To Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'', not
less than $67,000,000 shall be made available for activities to combat
trafficking in persons internationally, of which not less than
$45,000,000 shall be from funds made available under the heading
``International Narcotics Control and Law Enforcement'': Provided, That
funds appropriated by this Act that are made available for programs to
end modern slavery shall be in addition to funds made available by this
subsection to combat trafficking in persons.
(g) Reconciliation Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $30,000,000
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic,
religious, and political backgrounds from areas of civil strife and war,
including between Israelis and Palestinians living in the West Bank and
Gaza: Provided, That <<NOTE: Consultation. Notification.>> the USAID
Administrator shall consult with the Committees on Appropriations, prior
to the initial obligation of funds, on the uses of such funds, and such
funds shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That to the maximum
extent practicable, such funds shall be matched by sources other than
the United States Government: Provided further, That such funds shall
be administered by the Office of Conflict Management and Mitigation,
USAID.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $450,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $225,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $15,000,000 shall be
made available to
[[Page 133 STAT. 2924]]
support initiatives by local communities in developing countries to
build and maintain safe latrines.
budget documents
Sec. 7061. (a) <<NOTE: Deadlines.>> Operating Plans.--Not later
than 45 days after enactment of this Act, each department, agency, or
organization funded in titles I, II, and VI of this Act, and the
Department of the Treasury and Independent Agencies funded in title III
of this Act, including the Inter-American Foundation and the United
States African Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or funds
otherwise available for obligation in fiscal year 2020, that provides
details of the uses of such funds at the program, project, and activity
level: Provided, That such plans shall include, as applicable, a
comparison between the congressional budget justification funding
levels, the most recent congressional directives or approved funding
levels, and the funding levels proposed by the department or agency; and
a clear, concise, and informative description/justification: Provided
further, That <<NOTE: Notification.>> operating plans that include
changes in levels of funding for programs, projects, and activities
specified in the congressional budget justification, in this Act, or
amounts specifically designated in the respective tables included in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), as applicable, shall be subject to
the notification and reprogramming requirements of section 7015 of this
Act.
(b) Spend Plans.--
(1) Not later than 90 days after enactment of this Act, the
Secretary of State or Administrator of the United States Agency
for International Development, as appropriate, shall submit to
the Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, Colombia, and countries in Central America;
(B) assistance made available pursuant to section
7047(d) of this Act to counter Russian influence and
aggression, except that such plan shall be on a country-
by-country basis;
(C) assistance made available pursuant to section
7059 of this Act;
(D) the Indo-Pacific Strategy;
(E) democracy programs, Power Africa, and sectors
enumerated in subsections (a), (c), (d), (e), (f), (g)
and (h) of section 7060 of this Act;
(F) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for
International Organized Crime and for Cybercrime and
Intellectual Property Rights: Provided, That the spend
plans shall include bilateral and global programs funded
under such heading along with a brief description of the
activities planned for each country; and
(G) the regional security initiatives described
under this heading in Senate Report 116-126.
(2) Not later than 90 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees
[[Page 133 STAT. 2925]]
on Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Spending Report.--Not later than 45 days after enactment of this
Act, the USAID Administrator shall submit to the Committees on
Appropriations a detailed report on spending of funds made available
during fiscal year 2019 under the heading ``Development Credit
Authority''.
(d) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in this
Act or under section 634A of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) Submission.--The congressional budget justification for
Department of State operations and foreign operations shall be
provided to the Committees on Appropriations concurrent with the
date of submission of the President's budget for fiscal year
2021: Provided, That <<NOTE: Appendices.>> the appendices for
such justification shall be provided to the Committees on
Appropriations not later than 10 calendar days thereafter.
(2) Multi-year availability of certain funds.--The Secretary
of State and the USAID Administrator shall include in the
congressional budget justification a detailed justification for
multi-year availability for any funds requested under the
headings ``Diplomatic Programs'' and ``Operating Expenses''.
reorganization
Sec. 7062. (a) Oversight.--
(1) Prior consultation and notification.--Funds appropriated
by this Act, prior Acts making appropriations for the Department
of State, foreign operations, and related programs, or any other
Act may not be used to implement a reorganization, redesign, or
other plan described in paragraph (2) by the Department of
State, the United States Agency for International Development,
or any other Federal department, agency, or organization funded
by this Act without prior consultation by the head of such
department, agency, or organization with the appropriate
congressional committees: <<NOTE: Notification.>> Provided,
That such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That any such notification submitted to such Committees
shall include a detailed justification for any proposed action,
including the information specified under section 7073 of the
joint explanatory statement accompanying the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6): Provided further,
That congressional notifications submitted in prior fiscal years
pursuant to similar provisions of law in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be deemed to meet the notification
requirements of this section.
(2) Description of activities.--Pursuant to paragraph (1), a
reorganization, redesign, or other plan shall include any action
to--
[[Page 133 STAT. 2926]]
(A) expand, eliminate, consolidate, or downsize
covered departments, agencies, or organizations,
including bureaus and offices within or between such
departments, agencies, or organizations, including the
transfer to other agencies of the authorities and
responsibilities of such bureaus and offices;
(B) expand, eliminate, consolidate, or downsize the
United States official presence overseas, including at
bilateral, regional, and multilateral diplomatic
facilities and other platforms; or
(C) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and
locally employed staff workforce of the Department of
State and USAID from the levels specified in sections
7063(d)(1) and 7064(i)(1) of this Act.
(b) Additional Requirements and Limitations.--
(1) <<NOTE: Reports.>> USAID reorganization.--Not later
than 30 days after enactment of this Act, and quarterly
thereafter until September 30, 2021, the USAID Administrator
shall submit a report to the appropriate congressional
committees on the status of USAID's reorganization in the manner
described in House Report 116-78.
(2) Bureau of population, refugees, and migration,
department of state.--None of the funds appropriated by this
Act, prior Acts making appropriations for the Department of
State, foreign operations, and related programs, or any other
Act may be used to downsize, downgrade, consolidate, close,
move, or relocate the Bureau of Population, Refugees, and
Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(3) Administration of funds.--Funds made available by this
Act--
(A) under the heading ``Migration and Refugee
Assistance'' shall be administered by the Assistant
Secretary for Population, Refugees, and Migration,
Department of State, and this responsibility shall not
be delegated; and
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United
States Ambassador-at-Large for Global Women's Issues,
Department of State, and this responsibility shall not
be delegated.
department of state management
Sec. 7063. (a) Financial Systems Improvement.--Funds appropriated by
this Act for the operations of the Department of State under the
headings ``Diplomatic Programs'' and ``Capital Investment Fund'' shall
be made available to implement the recommendations contained in the
Foreign Assistance Data Review Findings Report (FADR) and the Office of
Inspector General (OIG) report entitled ``Department Financial Systems
Are Insufficient to Track and Report on Foreign Assistance
Funds'': <<NOTE: Deadline. Plan update.>> Provided, That not later
than 45 days after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations an update to the plan
required under section 7006 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017 (division J of
Public Law 115-31) for implementing the FADR and OIG recommendations:
Provided further, That such
[[Page 133 STAT. 2927]]
funds may not be obligated for enhancements to, or expansions of, the
Budget System Modernization Financial System, Central Resource
Management System, Joint Financial Management System, or Foreign
Assistance Coordination and Tracking System until such updated plan is
submitted to the Committees on Appropriations: Provided further,
That <<NOTE: Consultation. Review. Certification.>> such funds may not
be obligated for new, or expansion of existing, ad hoc electronic
systems to track commitments, obligations, or expenditures of funds
unless the Secretary of State, following consultation with the Chief
Information Officer of the Department of State, has reviewed and
certified that such new system or expansion is consistent with the FADR
and OIG recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2020: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this Act:
Provided further, That Federal agency components shall be charged only
for their direct usage of each Working Capital Fund
service: <<NOTE: Deadline. Assessment.>> Provided further, That prior
to increasing the percentage charged to Department of State bureaus and
offices for procurement-related activities, the Secretary of State shall
include the proposed increase in the Department of State budget
justification or, at least 60 days prior to the increase, provide the
Committees on Appropriations a justification for such increase,
including a detailed assessment of the cost and benefit of the services
provided by the procurement fee: Provided further, That Federal agency
components may only pay for Working Capital Fund services that are
consistent with the purpose and authorities of such components:
Provided further, That the Working Capital Fund shall be paid in advance
or reimbursed at rates which will return the full cost of each service.
(c) Certification.--
(1) <<NOTE: Reports.>> Compliance.--Not later than 45 days
after the initial obligation of funds appropriated under titles
III and IV of this Act that are made available to a Department
of State bureau or office with responsibility for the management
and oversight of such funds, the Secretary of State shall
certify and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office is
in compliance with Department and Federal financial and grants
management policies, procedures, and regulations, as applicable.
(2) Considerations.--When making a certification required by
paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) <<NOTE: Timeline.>> Plan.--If the Secretary of State is
unable to make a certification required by paragraph (1), the
Secretary shall
[[Page 133 STAT. 2928]]
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(d) Personnel Levels.--
(1) Funds made available by this Act are made available to
support the permanent Foreign Service and Civil Service staff
levels of the Department of State at not less than the hiring
targets established in the fiscal year 2019 operating plan.
(2) <<NOTE: Reports.>> Not later than 60 days after
enactment of this Act, and every 60 days thereafter until
September 30, 2021, the Secretary of State shall report to the
appropriate congressional committees on the on-board personnel
levels, hiring, and attrition of the Civil Service, Foreign
Service, eligible family member, and locally employed staff
workforce of the Department of State, on an operating unit-by-
operating unit basis: Provided, That <<NOTE: Hiring
plan. Timelines.>> such report shall also include a hiring
plan, including timelines, for maintaining the agency-wide, on-
board Foreign Service and Civil Service at not less than the
levels specified in paragraph (1).
(e) <<NOTE: Records.>> Information Technology Platform.--
(1) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may be
made available for a new major information technology (IT)
investment without the concurrence of the Chief Information
Officer, Department of State.
(2) <<NOTE: Deadline.>> None of the funds made available by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be used
by an agency to submit a project proposal to the Technology
Modernization Board for funding from the Technology
Modernization Fund unless, not later than 15 days in advance of
submitting the project proposal to the Board, the head of the
agency--
(A) <<NOTE: Notification.>> notifies the Committees
on Appropriations of the proposed submission of the
project proposal; and
(B) submits to the Committees on Appropriations a
copy of the project proposal.
(3) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be used by an agency to
carry out a project that is approved by the Board unless the
head of the agency--
(A) submits to the Committees on Appropriations a
copy of the approved project proposal, including the
terms of reimbursement of funding received for the
project; and
(B) <<NOTE: Reports.>> agrees to submit to the
Committees on Appropriations a copy of each report
relating to the project that the head of the agency
submits to the Board.
united states agency for international development management
Sec. 7064. (a) <<NOTE: 22 USC 3948 note.>> Authority.--Up to
$100,000,000 of the funds made available in title III of this Act
pursuant to or to carry out the provisions of part I of the Foreign
Assistance Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be used by the
United States Agency for International Development to hire and employ
[[Page 133 STAT. 2929]]
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) <<NOTE: Expiration date. 22 USC 3948 note. 22 USC 3948 note.>>
Restriction.--The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2021.
(c) Program Account Charged.--The account charged for the cost of an
individual hired and employed under the authority of this section shall
be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out this
section may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating Expenses''.
(d) <<NOTE: 22 USC 3948 note.>> Foreign Service Limited
Extensions.--Individuals hired and employed by USAID, with funds made
available in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs, pursuant
to the authority of section 309 of the Foreign Service Act of 1980 (22
U.S.C. 3949), may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(e) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Office
of Food for Peace.
(g) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
[[Page 133 STAT. 2930]]
(i) Personnel Levels.--
(1) Funds made available by this Act under the heading
``Operating Expenses'' are made available to support 1,850
permanent Foreign Service Officers and 1,600 permanent Civil
Service staff.
(2) <<NOTE: Reports.>> Not later than 60 days after
enactment of this Act, and every 60 days thereafter until
September 30, 2021, the USAID Administrator shall report to the
appropriate congressional committees on the on-board personnel
levels, hiring, and attrition of the Civil Service, Foreign
Service, and foreign service national workforce of USAID, on an
operating unit-by-operating unit basis: Provided,
That <<NOTE: Hiring plan. Timelines.>> such report shall also
include a hiring plan, including timelines, for maintaining the
agency-wide, on-board Foreign Service Officers and Civil Service
staff at not less than the levels specified in paragraph (1).
stabilization and development in regions impacted by extremism and
conflict
Sec. 7065. (a) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds appropriated
by this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'', not less than $200,000,000 shall be made
available for the Relief and Recovery Fund for assistance for
areas liberated or at risk from, or under the control of, the
Islamic State of Iraq and Syria, other terrorist organizations,
or violent extremist organizations, including for stabilization
assistance for vulnerable ethnic and religious minority
communities affected by conflict: Provided, That unless
specifically designated in this Act or in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) for assistance for
countries, such funds are in addition to amounts otherwise made
available for such purposes: Provided further, That such funds
appropriated under such headings may be transferred to, and
merged with, funds appropriated under such headings: Provided
further, That <<NOTE: Notification.>> such transfer authority
is in addition to any other transfer authority provided by this
Act or any other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that are
made available for the Relief and Recovery Fund, not less than
$10,000,000 shall be made available for programs to promote
accountability for genocide, crimes against humanity, and war
crimes, including in Iraq and Syria, which shall be in addition
to any other funds made available by this Act for such purposes:
Provided, That such programs shall include components to
develop local investigative and judicial skills, and to collect
and preserve evidence and maintain the chain of custody of
evidence, including for use in prosecutions, and
[[Page 133 STAT. 2931]]
may include the establishment of, and assistance for,
transitional justice mechanisms: Provided further, That such
funds shall be administered by the Special Coordinator for the
Office of Global Criminal Justice, Department of State:
Provided further, That funds made available by this paragraph
shall be made available on an open and competitive basis.
(b) Countering Violent Extremism in Asia.--Of the funds appropriated
by this Act under the heading ``Economic Support Fund'', not less than
$2,500,000 shall be made available for programs to counter violent
extremism in Asia, including within the Buddhist community: Provided,
That such funds are in addition to funds otherwise made available by
this Act for such purposes.
(c) Global Community Engagement and Resilience Fund.--Of the funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
heading ``Economic Support Fund'', $5,000,000 shall be made available to
the Global Community Engagement and Resilience Fund (GCERF), including
as a contribution: Provided, That <<NOTE: Notification.>> any such
funds made available for the GCERF shall be made available on a cost-
matching basis from sources other than the United States Government, to
the maximum extent practicable, and shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) Global Concessional Financing Facility.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
$25,000,000 shall be made available for the Global Concessional
Financing Facility of the World Bank to provide financing to support
refugees and host communities: <<NOTE: Consultation.>> Provided, That
such funds shall be in addition to funds allocated for bilateral
assistance in the report required by section 653(a) of the Foreign
Assistance Act of 1961, and may only be made available subject to prior
to consultation with the Committees on Appropriations.
disability programs
Sec. 7066. (a) Assistance.--Funds appropriated by this Act under the
heading ``Development Assistance'' shall be made available for programs
and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the cost
of translation.
(b) Management, Oversight, and Technical Support.--Of the funds made
available pursuant to this section, 5 percent may be used by USAID for
management, oversight, and technical support.
debt-for-development
Sec. 7067. In <<NOTE: Notification.>> order to enhance the
continued participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United States
Agency for International Development may place in interest bearing
accounts local currencies which accrue to that organization as a result
of economic assistance provided under title III of this Act and, subject
to the regular
[[Page 133 STAT. 2932]]
notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
enterprise funds
Sec. 7068. (a) <<NOTE: Deadline. President.>> Notification.--None
of the funds made available under titles III through VI of this Act may
be made available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
rescissions
(including rescissions of funds)
Sec. 7069. (a) Economic Support Fund.--
(1) Of the unobligated balances available under the Economic
Support Fund, identified by Treasury Appropriation Fund Symbol
72 X 1037, $32,000,000 are rescinded.
(2) Of the unobligated and unexpended balances available to
the President for bilateral economic assistance under the
heading ``Economic Support Fund'' from prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, $200,000,000 shall be deobligated, as
appropriate, and shall be rescinded.
(3) For the purposes of this subsection, no amounts may be
rescinded from amounts that were designated by Congress as an
emergency requirement or for Overseas Contingency Operations/
Global War on Terrorism pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
(b) Embassy Security, Construction, and Maintenance.--Of the
unobligated balances from amounts available under the heading ``Embassy
Security, Construction, and Maintenance'' in title II of the Security
Assistance Appropriations Act, 2017 (division B of Public Law 114-254),
$242,462,000 are rescinded: Provided, That such funds that were
previously designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
(c) Complex Crises Fund.--Of the unobligated balances from amounts
made available under title VIII in prior Acts making appropriations for
the Department of State, foreign operations, and related programs under
the heading ``Complex Crises Fund'', $40,000,000 are rescinded:
Provided, That such funds that were previously designated by the
Congress for Overseas Contingency
[[Page 133 STAT. 2933]]
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
(d) Export-Import Bank of the United States.--Of the unobligated
balances available under the heading ``Export and Investment Assistance,
Export-Import Bank of the United States, Subsidy Appropriation'' for
tied-aid grants from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, $64,282,000 are
rescinded.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020''.
DIVISION <<NOTE: Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2020. Department of Transportation
Appropriations Act, 2020.>> H--TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $115,490,000,
of which not to exceed $3,100,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,000,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $21,000,000
shall be available for the Office of the General Counsel; not to exceed
$10,500,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $15,000,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,650,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $29,244,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $2,142,000 shall be available for the Office of Public
Affairs; not to exceed $1,859,000 shall be available for the Office of
the Executive Secretariat; not to exceed $12,181,000 shall be available
for the Office of Intelligence, Security, and Emergency Response; and
not to exceed $16,814,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such transfers:
Provided further, That <<NOTE: Notice. Funding approval. Allocation.>>
notice of any change in funding greater than 7 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000 shall be
for allocation within the Department for official reception and
representation expenses as the Secretary may determine: Provided
further, That notwithstanding any other provision of law, excluding fees
authorized in Public Law 107-71, there may be credited to this
appropriation up to $2,500,000 in funds received in user fees: Provided
further, That none of the funds provided
[[Page 133 STAT. 2934]]
in this Act shall be available for the position of Assistant Secretary
for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $21,000,000, of which $14,218,000
shall remain available until expended for (1) $5,000,000 for new
competitive grants under section 5505 of title 49, United States Code,
for Tier I University Transportation Centers, (2) $1,000,000 for the
establishment of an emergency planning transportation data initiative to
conduct research and develop models for data integration of geo-located
weather and roadways information for emergency and other severe weather
conditions to improve public safety and emergency evacuation and
response capabilities, (3) $1,000,000 for the Secretary of
Transportation to enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine to conduct a study through the
Transportation Research Board on effective ways to measure the
resilience of transportation systems and services to natural disasters,
natural hazards, and other potential disruptions, and (4) $5,000,000 for
the establishment of a Highly Automated Systems Safety Center of
Excellence as required in section 105 of this Act: Provided, That such
amounts are in addition to amounts previously provided for Tier I
University Transportation Centers: Provided further, That such amounts
for additional Tier I University Transportation Centers under this
heading are provided notwithstanding section 5505(c)(4)(A) of title 49,
United States Code: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training: Provided further,
That <<NOTE: Continuation. 49 USC 112 note.>> any reference in law,
regulation, judicial proceedings, or elsewhere to the Research and
Innovative Technology Administration shall continue to be deemed to be a
reference to the Office of the Assistant Secretary for Research and
Technology of the Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$1,000,000,000, to remain available through September 30, 2022:
Provided, That <<NOTE: Distribution. Grants.>> the Secretary of
Transportation shall distribute funds provided under this heading as
discretionary grants to be awarded to a State, local government, transit
agency, port authority, or a collaboration among such entities on a
competitive basis for projects that will have a significant local or
regional impact: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited to,
highway or bridge projects eligible under title 23, United States Code;
public transportation projects eligible under chapter 53 of title 49,
United States Code; passenger and freight rail transportation projects;
port infrastructure investments (including inland port infrastructure
and land ports of entry); and projects investing in surface
transportation facilities that are located on tribal land and for which
title or maintenance responsibility is vested in the Federal Government:
Provided further, That of the amount made available under this heading,
the Secretary shall use an amount not less than $15,000,000 for the
planning, preparation or design of projects
[[Page 133 STAT. 2935]]
eligible for funding under this heading: Provided further, That grants
awarded under the previous proviso shall not be subject to a minimum
grant size: Provided further, That the Secretary may use up to 20
percent of the funds made available under this heading for the purpose
of paying the subsidy and administrative costs of projects eligible for
Federal credit assistance under chapter 6 of title 23, United States
Code, or sections 501 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as amended, if the
Secretary finds that such use of the funds would advance the purposes of
this paragraph: Provided further, That in distributing funds provided
under this heading, the Secretary shall take such measures so as to
ensure an equitable geographic distribution of funds, an appropriate
balance in addressing the needs of urban and rural areas, and the
investment in a variety of transportation modes: Provided further, That
a grant funded under this heading shall be not less than $5,000,000 and
not greater than $25,000,000: Provided further, That not more than 10
percent of the funds made available under this heading may be awarded to
projects in a single State: Provided further, That the Federal share of
the costs for which an expenditure is made under this heading shall be,
at the option of the recipient, up to 80 percent: Provided further,
That <<NOTE: Priority.>> the Secretary shall give priority to projects
that require a contribution of Federal funds in order to complete an
overall financing package: Provided further, That <<NOTE: Urban and
rural areas.>> an award under this heading is an urban award if it is
to a project located within or on the boundary of an Urbanized Area
(UA), as designated by the U.S. Census Bureau, that had a population
greater than 200,000 in the 2010 Census: Provided further, That for the
purpose of determining if an award for planning, preparation or design
is an urban award, the project location is the location of the project
being planned, prepared or designed: Provided further, That each award
under this heading that is not an urban award is a rural award:
Provided further, That of the funds awarded under this heading, not more
than 50 percent shall be awarded as urban awards and rural awards,
respectively: Provided further, That for rural awards, the minimum
grant size shall be $1,000,000 and the Secretary may increase the
Federal share of costs above 80 percent: Provided further,
That <<NOTE: Compliance.>> projects conducted using funds provided
under this heading must comply with the requirements of subchapter IV of
chapter 31 of title 40, United States Code: Provided further, That the
Secretary shall conduct a new competition to select the grants and
credit assistance awarded under this heading: Provided further, That
the Secretary may retain up to $25,000,000 of the funds provided under
this heading, and may transfer portions of those funds to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, and the
Maritime Administration to fund the award and oversight of grants and
credit assistance made under the National Infrastructure Investments
program: Provided further, That none of the funds provided in the
previous proviso may be used to hire additional personnel: Provided
further, That the Secretary shall consider and award projects based
solely on the selection criteria from the fiscal year 2017 Notice of
Funding Opportunity: Provided further, That, notwithstanding the
previous proviso, the Secretary shall not use the Federal share or an
applicant's ability to generate non-Federal
[[Page 133 STAT. 2936]]
revenue as a selection criteria in awarding projects: Provided further,
That <<NOTE: Notice. Deadline.>> the Secretary shall issue the Notice
of Funding Opportunity no later than 60 days after enactment of this
Act: Provided further, That <<NOTE: Requirement. Deadline.>> such
Notice of Funding Opportunity shall require application submissions 90
days after the publishing of such Notice: Provided further,
That <<NOTE: Grants. Deadline. Determination.>> of the applications
submitted under the previous two provisos, the Secretary shall make
grants no later than 270 days after enactment of this Act in such
amounts that the Secretary determines: Provided further, That such sums
provided for national infrastructure investments for multimodal safety
projects under title VIII of division F of the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 423)
shall remain available through fiscal year 2024 for the liquidation of
valid obligations of active grants awarded with this funding: Provided
further, That <<NOTE: Applicability.>> the preceding proviso shall be
applied as if it were in effect on September 30, 2019.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000, to
remain available until expended: <<NOTE: Notification. Deadline.>>
Provided, That the Secretary shall notify the House and Senate
Committees on Appropriations no less than 15 days prior to exercising
the transfer authority granted under section 116(h) of title 49, United
States Code.
financial management capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems and re-engineering business
processes, $2,000,000, to remain available through September 30, 2021.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
and implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2021.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $10,879,000, to remain available until expended: Provided, That
of such amount, $1,000,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center
[[Page 133 STAT. 2937]]
(IIPIC): Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts transferred
from other Federal agencies for expenses incurred under this heading for
IIPIC activities not related to transportation infrastructure: Provided
further, That <<NOTE: Analysis. Review.>> the tools and analysis
developed by the IIPIC shall be available to other Federal agencies for
the permitting and review of major infrastructure projects not related
to transportation only to the extent that other Federal agencies provide
funding to the Department as provided for under the previous proviso.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $319,793,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That <<NOTE: Assessments. Notification.>> no assessments may be levied
against any program, budget activity, subactivity or project funded by
this Act unless notice of such assessments and the basis therefor are
presented to the House and Senate Committees on Appropriations and are
approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2021: Provided, That notwithstanding 49 U.S.C. 332,
these funds may be used for business opportunities related to any mode
of transportation: Provided further, That appropriations made available
under this heading shall be available for any purpose consistent with
prior year appropriations that were made available under the heading
``Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $162,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided,
That <<NOTE: Determination.>> in determining between or among carriers
competing to provide service to a community, the Secretary may consider
the relative subsidy requirements of the carriers: Provided further,
That basic essential air service minimum requirements shall not include
the 15-passenger capacity requirement under section 41732(b)(3) of title
49, United States Code: Provided further, That none of the funds in
this Act or any other Act shall be used to enter into a new contract
with a community located less than
[[Page 133 STAT. 2938]]
40 miles from the nearest small hub airport before the Secretary has
negotiated with the community over a local cost share: Provided
further, That amounts authorized to be distributed for the essential air
service program under section 41742(b) of title 49, United States Code,
shall be made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration: Provided
further, That the Administrator may reimburse such amounts from fees
credited to the account established under section 45303 of title 49,
United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None <<NOTE: Assessments. Contracts.>> of the funds made
available in this Act to the Department of Transportation may be
obligated for the Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds appropriated
to the modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Sec. 102. The <<NOTE: Web posting. Records.>> Secretary shall post
on the Web site of the Department of Transportation a schedule of all
meetings of the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance to record
the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of title
49, United States Code, the Department's Working Capital Fund is hereby
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available funds
for transit benefit distribution services that are necessary to carry
out the Federal transit pass transportation fringe benefit program under
Executive Order No. 13150 and section 3049 of Public Law 109-
59: <<NOTE: Transit benefits.>> Provided, That the Department shall
maintain a reasonable operating reserve in the Working Capital Fund, to
be expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve will not
exceed one month of benefits payable and may be used only for the
purpose of providing for the continuation of transit benefits: Provided
further, That <<NOTE: Reimbursement.>> the Working Capital Fund will be
fully reimbursed by each customer agency from available funds for the
actual cost of the transit benefit.
Sec. 104. No <<NOTE: Deadline.>> later than May 1, 2020, the
Secretary shall announce the selection of all projects to receive awards
for all competitive grants provided in Public Law 116-6 under the
headings: ``Federal Railroad Administration--Federal-State Partnership
for State of Good Repair'', ``Federal Railroad Administration--
Consolidated Rail Infrastructure and Safety Improvements'', ``Federal
Railroad Administration--Restoration and Enhancement'', ``Federal
Railroad Administration--Magnetic Levitation Technology Deployment
Program'', and ``Maritime Administration--Port Infrastructure
Development Program''.
Sec. 105. (a) <<NOTE: Establishment. 49 USC 102 note.>> The
Secretary shall establish a Highly Automated Systems Safety Center of
Excellence within the Department of Transportation, in order to have a
Department of Transportation workforce capable of reviewing, assessing,
and validating the safety of automated technologies.
[[Page 133 STAT. 2939]]
(b) The Highly Automated Systems Safety Center of Excellence shall--
(1) serve as a central location within the Department of
Transportation for expertise in automation and human factors,
computer science, data analytics, machine learning, sensors, and
other technologies involving automated systems;
(2) collaborate with and provide support on highly automated
systems to all Operating Administrations of the Department of
Transportation; and
(3) have a workforce composed of Department of
Transportation employees, including direct hires or detailees
from Operating Administrations of the Department of
Transportation and other Federal agencies.
(c) <<NOTE: Review. Assessment.>> Employees of the Highly Automated
Systems Safety Center of Excellence, in conjunction with the relevant
Operating Administrations of the Department of Transportation, shall
review, assess, and validate highly automated systems to ensure their
safety.
(d) The Highly Automated Systems Safety Center of Excellence shall
not supersede laws or regulations granting certification authorities to
Operating Administrations of the Department of Transportation.
(e) <<NOTE: Reports.>> No later than 90 days after the date of
enactment of this Act, the Secretary shall report to the Committees on
Appropriations of the House of Representatives and the Senate on
staffing needs and the staffing plan for the Highly Automated Systems
Safety Center of Excellence.
Sec. 106. None of the funds made available by this Act shall be
used to terminate the Intelligent Transportation System Program Advisory
Committee established under section 5305(h) of SAFETEA-LU (23 U.S.C. 512
note; Public Law 109-59).
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
the lease or purchase of passenger motor vehicles for replacement only,
$10,630,000,000, to remain available until September 30, 2021, of which
$10,519,000,000 shall be derived from the Airport and Airway Trust Fund:
Provided, That of the sums appropriated under this heading--
(1) not less than $1,404,096,000 shall be available for
aviation safety activities;
(2) $7,970,734,000 shall be available for air traffic
organization activities;
(3) $26,040,000 shall be available for commercial space
transportation activities;
(4) $800,646,000 shall be available for finance and
management activities;
[[Page 133 STAT. 2940]]
(5) $61,538,000 shall be available for NextGen and
operations planning activities;
(6) $118,642,000 shall be available for security and
hazardous materials safety; and
(7) $248,304,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget activity,
except for aviation safety budget activity, may be transferred to any
budget activity under this heading: Provided further, That no transfer
may increase or decrease any appropriation by more than 5 percent:
Provided further, That any transfer in excess of 5 percent shall be
treated as a reprogramming of funds under section 405 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That <<NOTE: Deadline. Updates. 49 USC 44506 note.>> not later
than 60 days after the submission of the budget request, the
Administrator of the Federal Aviation Administration shall transmit to
Congress an annual update to the report submitted to Congress in
December 2004 pursuant to section 221 of Public Law 108-176: Provided
further, That <<NOTE: Late penalties. Deadline.>> the amount herein
appropriated shall be reduced by $100,000 for each day after the date
that is 60 days after the submission of the budget request that such
report has not been submitted to the Congress: Provided further,
That <<NOTE: Reports. 49 USC 44502 note.>> not later than 60 days after
the submission of the budget request, the Administrator shall transmit
to Congress a companion report that describes a comprehensive strategy
for staffing, hiring, and training flight standards and aircraft
certification staff in a format similar to the one utilized for the
controller staffing plan, including stated attrition estimates and
numerical hiring goals by fiscal year: Provided further,
That <<NOTE: Late penalties. Deadline.>> the amount herein appropriated
shall be reduced by $100,000 per day for each day after the date that is
60 days after the submission of the budget request that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be available
for new applicants for the second career training program: Provided
further, That <<NOTE: Fees.>> none of the funds in this Act shall be
available for the Federal Aviation Administration to finalize or
implement any regulation that would promulgate new aviation user fees
not specifically authorized by law after the date of the enactment of
this Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from States,
counties, municipalities, foreign authorities, other public authorities,
and private sources for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $170,000,000 shall be
used to fund direct operations of the current air traffic control towers
in the contract tower program, including the contract tower cost share
program, and any airport that is currently qualified or that will
qualify for the program during the fiscal year: Provided further, That
none of the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That
[[Page 133 STAT. 2941]]
none of the funds appropriated or otherwise made available by this Act
or any other Act may be used to eliminate the Contract Weather Observers
program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of national airspace systems and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of necessary
sites by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations
are not available; and the purchase, lease, or transfer of aircraft from
funds available under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport and Airway
Trust Fund, $3,045,000,000, of which $515,000,000 shall remain available
until September 30, 2021, $2,409,473,000 shall remain available until
September 30, 2022, and $120,527,000 shall remain available until
expended: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: Provided further, That <<NOTE: Deadline. Investment plan. Time
periods.>> not later than 60 days after submission of the budget
request, the Secretary of Transportation shall transmit to the Congress
an investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years 2021 through
2025, with total funding for each year of the plan constrained to the
funding targets for those years as estimated and approved by the Office
of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$192,665,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2022: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That funds made available under this heading shall be used in accordance
with the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
not to exceed 10 percent of any funding level specified under this
heading in the explanatory statement described in section 4 (in the
matter
[[Page 133 STAT. 2942]]
preceding division A of this consolidated Act) may be transferred to any
other funding level specified under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That no transfer may increase
or decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be treated as a
reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2020, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of funds limited under this
heading, not more than $116,500,000 shall be available for
administration, not less than $15,000,000 shall be available for the
Airport Cooperative Research Program, not less than $39,224,000 shall be
available for Airport Technology Research, and $10,000,000, to remain
available until expended, shall be available and transferred to ``Office
of the Secretary, Salaries and Expenses'' to carry out the Small
Community Air Service Development Program: Provided further, That in
addition to airports eligible under section 41743 of title 49, United
[[Page 133 STAT. 2943]]
States Code, such program may include the participation of an airport
that serves a community or consortium that is not larger than a small
hub airport, according to FAA hub classifications effective at the time
the Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $400,000,000, to remain available
through September 30, 2022: Provided, That amounts made available under
this heading shall be derived from the general fund, and such funds
shall not be subject to apportionment formulas, special apportionment
categories, or minimum percentages under chapter 471: Provided further,
That the Secretary shall distribute funds provided under this heading as
discretionary grants to airports: Provided further, That the amount
made available under this heading shall not be subject to any limitation
on obligations for the Grants-in-Aid for Airports program set forth in
any Act: Provided further, That the Administrator of the Federal
Aviation Administration may retain up to 0.5 percent of the funds
provided under this heading to fund the award and oversight by the
Administrator of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2020.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the Federal Aviation Administration for air traffic
control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee
[[Page 133 STAT. 2944]]
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. None <<NOTE: Approval.>> of the funds in this Act may be
obligated or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written approval of
the Assistant Secretary for Administration of the Department of
Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request to
the Administrator of the Federal Aviation Administration, a blocking of
that owner's or operator's aircraft registration number from any display
of the Federal Aviation Administration's Aircraft Situational Display to
Industry data that is made available to the public, except data made
available to a Government agency, for the noncommercial flights of that
owner or operator.
Sec. 118. None of the funds in this Act shall be available for
salaries and expenses of more than nine political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the Federal Aviation Administration provides to the
House and Senate Committees on Appropriations a report that justifies
all fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order No. 13642.
Sec. 119A. None <<NOTE: Notification. Deadline.>> of the funds in
this Act may be used to close a regional operations center of the
Federal Aviation Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on Appropriations
not less than 90 full business days in advance.
Sec. 119B. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds provided under this Act may be used by
the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any new application for participation in
the Contract Tower Program, or for reevaluation of Cost-share Program
participants as long as the Federal Aviation Administration has received
an application from the airport, and as long as the Administrator
determines such tower is eligible using the factors set forth in Federal
Aviation Administration published establishment criteria.
Sec. 119D. None of the funds made available by this Act may be used
to open, close, redesignate as a lesser office, or reorganize a regional
office, the aeronautical center, or technical center unless the
Administrator submits a request for the reprogramming of funds under
section 405 of this Act.
[[Page 133 STAT. 2945]]
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $453,549,689, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of the
Federal Highway Administration. In addition, $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds <<NOTE: 23 USC 104 note.>> available for the implementation
or execution of Federal-aid highway and highway safety construction
programs authorized under titles 23 and 49, United States Code, and the
provisions of the Fixing America's Surface Transportation (FAST) Act
(Public Law 114-94) shall not exceed total obligations of
$46,365,092,000 for fiscal year 2020: Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code,
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the underwriting
and servicing of Federal credit instruments and all or a portion of the
costs to the Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended to pay for
such costs: Provided further, That such amounts are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $47,104,092,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of Transportation
$2,166,140,392: Provided, That the funds made available under this
heading shall be derived from the general fund, shall be in addition to
any funds provided for fiscal year 2020 in this or any other Act for:
(1) ``Federal-aid Highways'' under chapter 1 of title 23, United States
Code; or (2) the Appalachian Development
[[Page 133 STAT. 2946]]
Highway System as authorized under section 1069(y) of Public Law 102-
240, and shall not affect the distribution or amount of funds provided
in any other Act: Provided further, That <<NOTE: Applicability.>>
section 1101(b) of Public Law 114-94 shall apply to funds made available
under this heading: Provided further, That of the funds made available
under this heading--
(1) $781,140,392 shall be for activities eligible under
sections 133(b)(1) and 133(b)(4) of title 23, United States
Code, and to provide necessary charging infrastructure along
corridor-ready or corridor-pending alternative fuel corridors
designated pursuant to section 151 of title 23, United States
Code;
(2) $1,150,000,000 shall be for a bridge replacement and
rehabilitation program;
(3) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of Public Law 102-240;
(4) $3,500,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section 165(b)(2)(C)
of title 23, United States Code;
(5) $1,500,000 shall be for activities eligible under the
Territorial Highway Program, as described in section 165(c)(6)
of title 23, United States Code;
(6) $70,000,000 shall be for the nationally significant
Federal lands and tribal projects program under section 1123 of
the FAST Act;
(7) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23, United
States Code;
(8) $5,000,000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section 1441
of the FAST Act; and
(9) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create a
national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System:
Provided further, That <<NOTE: Definition.>> for the purposes of
funds made available under this heading for activities eligible under
sections 133(b)(1) and 133(b)(4) of title 23, United States Code, and to
provide necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated pursuant to
section 151 of title 23, United States Code, the term ``State'' means
any of the 50 States or the District of Columbia: Provided further,
That the funds made available under this heading for activities eligible
under sections 133(b)(1) and 133(b)(4) of title 23, United States Code,
and to provide necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated pursuant to
section 151 of title 23, United States Code, shall be suballocated in
the manner described in section 133(d) of such title, except that the
set-aside described in section 133(h) of such title shall not apply to
funds made available under this heading: Provided further, That the
funds made available under this heading for activities eligible under
sections 133(b)(1) and 133(b)(4) of title 23, United States Code, and to
provide necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated pursuant to
section 151 of title 23, United States Code, shall be administered as if
apportioned under chapter 1 of such title and shall remain available
through
[[Page 133 STAT. 2947]]
September 30, 2023: Provided further, That <<NOTE: Apportionment.>>
the funds made available under this heading for activities eligible
under sections 133(b)(1) and 133(b)(4) of title 23, United States Code,
and to provide necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated pursuant to
section 151 of title 23, United States Code, shall be apportioned to the
States in the same ratio as the obligation limitation for fiscal year
2020 is distributed among the States in section 120(a)(5) of this Act:
Provided further, That, except as provided in the following proviso, the
funds made available under this heading for activities eligible under
the Puerto Rico Highway Program and activities eligible under the
Territorial Highway Program shall be administered as if allocated under
sections 165(b) and 165(c), respectively, of title 23, United States
Code, and shall remain available through September 30, 2023: Provided
further, That the funds made available under this heading for activities
eligible under the Puerto Rico Highway Program shall not be subject to
the requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of such title:
Provided further, That the funds made available under this heading for
the nationally significant Federal lands and tribal projects program
under section 1123 of the FAST Act shall remain available through
September 30, 2023: Provided further, That <<NOTE: Definition.>> for
the purposes of funds made available under this heading for a bridge
replacement and rehabilitation program, (1) the term ``State'' means any
of the 50 States or the District of Columbia, and (2) the term
``qualifying State'' means any State in which the percentage of total
deck area of bridges classified as in poor condition in such State is at
least 5 percent: Provided further, That, of the funds made available
under this heading for a bridge replacement and rehabilitation program,
the Secretary shall reserve $6,000,000 for each State that does not meet
the definition of a qualifying State: Provided further,
That, <<NOTE: Distribution.>> after making the reservations under the
preceding proviso, the Secretary shall distribute the remaining funds
made available under this heading for a bridge replacement and
rehabilitation program to each qualifying State by the proportion that
the percentage of total deck area of bridges classified as in poor
condition in such qualifying State bears to the sum of the percentages
of total deck area of bridges classified as in poor condition in all
qualifying States: Provided further, That for the bridge replacement
and rehabilitation program:
(1) no qualifying State shall receive more than $50,000,000;
(2) each State shall receive an amount not less than
$6,000,000; and
(3) after calculating the distribution of funds pursuant to
the preceding proviso, any amount in excess of $50,000,000 shall
be redistributed equally among each State that does not meet the
definition of a qualifying State:
Provided further, That the funds made available under this heading for
a bridge replacement and rehabilitation program shall be used for
highway bridge replacement or rehabilitation projects on public roads:
Provided further, That for purposes of this heading for the bridge
replacement and rehabilitation program, the Secretary shall calculate
the percentages of total deck area of bridges (including the percentages
of total deck area classified as in poor condition) based on the
National Bridge Inventory as of December 31, 2018: Provided further,
That the funds made available under this heading for a bridge
replacement and rehabilitation program shall be
[[Page 133 STAT. 2948]]
administered as if apportioned under chapter 1 of title 23, United
States Code, and shall remain available through September 30, 2023:
Provided further, That the funds made available under this heading, in
paragraph (7) in the third proviso, shall be available for projects
eligible under section 130(a) of title 23, United States Code, for
commuter authorities, as defined in section 24102(2) of title 49, United
States Code, that experienced at least one accident investigated by the
National Transportation Safety Board between January 1, 2008 and
December 31, 2018 and for which the National Transportation Safety Board
issued an accident report: Provided further, That the funds made
available under this heading, in paragraph (7) of the third proviso,
shall be administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That <<NOTE: Definition.>> for
the purposes of funds made available under this heading for construction
of the Appalachian Development Highway System, the term ``Appalachian
State'' means a State that contains 1 or more counties (including any
political subdivision located within the area) in the Appalachian region
as defined in section 14102(a) of title 40, United States Code:
Provided further, That funds made available under this heading for
construction of the Appalachian Development Highway System shall remain
available until expended: Provided further, That a project carried out
with funds made available under this heading for construction of the
Appalachian Development Highway System shall be carried out in the same
manner as a project under section 14501 of title 40, United States Code:
Provided further, That <<NOTE: Apportionment.>> subject to the
following proviso, funds made available under this heading for
construction of the Appalachian Development Highway System shall be
apportioned to Appalachian States according to the percentages derived
from the 2012 Appalachian Development Highway System Cost-to-Complete
Estimate, adopted in Appalachian Regional Commission Resolution Number
736, and confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian Development Highway
System, adjusted to exclude those corridors that such States have no
current plans to complete, as reported in the 2013 Appalachian
Development Highway System Completion Report: Provided further,
That <<NOTE: Apportionments.>> the Secretary shall adjust
apportionments made under the preceding proviso so that no Appalachian
State shall be apportioned an amount in excess of 30 percent of the
amount made available for construction of the Appalachian Development
Highway System under this heading: Provided further,
That <<NOTE: Consultation.>> the Secretary shall consult with the
Appalachian Regional Commission in making adjustments under the
preceding two provisos: Provided further, That the Federal share of the
costs for which an expenditure is made for construction of the
Appalachian Development Highway System under this heading shall be up to
100 percent: Provided further, That amounts provided under this heading
in paragraphs (7), (8), and (9) shall remain available until expended.
administrative provisions--federal highway administration
Sec. 120. (a) <<NOTE: 23 USC 104 note.>> For fiscal year 2020, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
[[Page 133 STAT. 2949]]
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums authorized
to be appropriated for provisions of law described in
paragraphs (1) through (11) of subsection (b) and sums
authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to
in subsection (b)(12) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
[[Page 133 STAT. 2950]]
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under
title 23, United States Code, to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations under
or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2020, only in an amount equal
to $639,000,000).
(c) <<NOTE: Effective date.>> Redistribution of Unused Obligation
Authority.--Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
[[Page 133 STAT. 2951]]
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date of distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the States any
funds (excluding funds authorized for the program under section
202 of title 23, United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for the
purpose of reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for Federal-aid
highway and highway safety construction programs.
Sec. 122. Not <<NOTE: Deadline. Waiver authority. Public
information. Notice. 23 USC 313 note.>> less than 15 days prior to
waiving, under his or her statutory authority, any Buy America
requirement for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and comment
opportunity on the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary <<NOTE: Reports.>> shall provide an
annual report to the House and Senate Committees on Appropriations on
any waivers granted under the Buy America requirements.
Sec. 123. None <<NOTE: Deadline. Notification.>> of the funds
provided in this Act to the Department of Transportation may be used to
provide credit assistance unless not less than 3 days before any
application approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary of Transportation
provides notification in writing to the following committees: the House
and Senate Committees on Appropriations; the Committee on Environment
and Public Works and the Committee on Banking, Housing
[[Page 133 STAT. 2952]]
and Urban Affairs of the Senate; and the Committee on Transportation and
Infrastructure of the House of Representatives: <<NOTE: Notification.>>
Provided, That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee, or
line of credit; and the amount of credit assistance.
Sec. 124. None <<NOTE: Deadline. Notification. Evaluation.>> of
the funds provided in this Act may be used to make a grant for a project
under section 117 of title 23, United States Code, unless the Secretary,
at least 60 days before making a grant under that section, provides
written notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation and
justification for the project and the amount of the proposed grant
award: <<NOTE: Notification. Deadline.>> Provided, That the written
notification required in the previous proviso shall be made no later
than 180 days after enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located within
the boundary of the State or territory any earmarked amount, and any
associated obligation limitation: <<NOTE: Notification. Reports. Time
period.>> Provided, That the Department of Transportation for the
State or territory for which the earmarked amount was originally
designated or directed notifies the Secretary of Transportation of its
intent to use its authority under this section and submits a quarterly
report to the Secretary identifying the projects to which the funding
would be applied. Notwithstanding the original period of availability of
funds to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation for a period
of 3 fiscal years after the fiscal year in which the Secretary of
Transportation is notified. The Federal share of the cost of a project
carried out with funds made available under this section shall be the
same as associated with the earmark.
(b) <<NOTE: Definition.>> In this section, the term ``earmarked
amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) <<NOTE: Time period. Applicability.>> The authority under
subsection (a) may be exercised only for those projects or activities
that have obligated less than 10 percent of the amount made available
for obligation as of October 1 of the current fiscal year, and shall be
applied to projects within the same general geographic area within 25
miles for which the funding was designated, except that a State or
territory may apply such authority to unexpended balances of funds from
projects or activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) <<NOTE: Reports.>> The Secretary shall submit consolidated
reports of the information provided by the States and territories each
quarter to the House and Senate Committees on Appropriations.
[[Page 133 STAT. 2953]]
Sec. 126. The <<NOTE: Repeal.>> following are repealed:
(1) <<NOTE: 109 Stat. 623.>> Section 352 of the National
Highway System Designation Act of 1995 (Public Law 104-59, 109
Stat. 568).
(2) Section 324 of the Department of Transportation and
Related Agencies Appropriations Act, 1986 (Public Law 99-190; 99
Stat. 1288).
(3) Section 325 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (Public Law 104-50;
109 Stat. 456).
Notwithstanding <<NOTE: Tolls. New York.>> any other provision of law,
tolls collected for motor vehicles on any bridge connecting the boroughs
of Brooklyn, New York, and Staten Island, New York, shall be collected
for any such vehicles exiting from such bridge in both Staten Island and
Brooklyn.
Sec. 127. Section 125(d) of title 23, United States Code, is
amended by striking paragraph (4).
Sec. 128. Until <<NOTE: Determinations. Waivers. Notice.>> final
guidance is published, the Administrator of the Federal Highway
Administration shall make determinations on Buy America waivers for
those waivers that were submitted before April 17, 2018, as if the
notice of proposed rulemaking of that date was not in effect.
Sec. 129. Section <<NOTE: Repeal.>> 1948 of SAFETEA-LU (Public Law
109-59; 119 Stat. 1514) is repealed.
Sec. 129A. Section 119(e)(5) of title 23, United States Code, is
amended to read as follows:
``(5) Requirement for plan.--
``(A) <<NOTE: Determination.>> In general.--
Notwithstanding section 120, each fiscal year, if the
Secretary determines that a State has not developed and
implemented a State asset management plan consistent
with this section, the Federal share payable on account
of any project or activity for which funds are obligated
by the State in that fiscal year under this section
shall be 65 percent.
``(B) <<NOTE: Deadline.>> Determination.--The
Secretary shall make the determination under
subparagraph (A) for a fiscal year not later than the
day before the beginning of such fiscal year.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31110 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $288,000,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account), together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which shall
remain available until expended: Provided, That funds available for
implementation, execution or administration of motor carrier safety
operations and
[[Page 133 STAT. 2954]]
programs authorized under title 49, United States Code, shall not exceed
total obligations of $288,000,000 for ``Motor Carrier Safety Operations
and Programs'' for fiscal year 2020, of which $9,073,000, to remain
available for obligation until September 30, 2022, is for the research
and technology program, and of which $35,334,000, to remain available
for obligation until September 30, 2022, is for information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $391,135,561, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $391,135,561 in fiscal
year 2020 for ``Motor Carrier Safety Grants'': Provided further, That
of the sums appropriated under this heading:
(1) $308,700,000 shall be available for the motor carrier
safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver's license program implementation program;
(3) $45,900,000 shall be available for the high priority
activities program, of which $1,000,000 is to be made available
from prior year unobligated contract authority provided for
Motor Carrier Safety in the Transportation Equity Act for the
21st Century (Public Law 105-178), SAFETEA-LU (Public Law 109-
59), or other appropriations or authorization Acts; and
(4) $3,335,561 shall be made available for commercial motor
vehicle operators grants, of which $2,335,561 is to be made
available from prior year unobligated contract authority
provided for Motor Carrier Safety in the Transportation Equity
Act for the 21st Century (Public Law 105-178), SAFETEA-LU
(Public Law 109-59), or other appropriations or authorization
Acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. The <<NOTE: Notice. Mail.>> Federal Motor Carrier Safety
Administration shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of delivery, which
records the receipt of the notice by the persons responsible for the
violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices
[[Page 133 STAT. 2955]]
by operators of commercial motor vehicles, as defined in section
31132(1) of such title, transporting livestock as defined in section 602
of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)
or insects.
Sec. 132. The <<NOTE: Regulations. 49 USC 31142 note.>> Federal
Motor Carrier Safety Administration shall update annual inspection
regulations under Appendix G to subchapter B of chapter III of title 49,
Code of Federal Regulations, as recommended by GAO-19-264.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code, $194,000,000,
of which $40,000,000 shall remain available through September 30, 2021.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and improving consumer
responses to safety recalls, section 4011 of the Fixing America's
Surface Transportation Act (Public Law 114-94), and chapter 303 of title
49, United States Code, $155,300,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2020, are in excess of
$155,300,000: Provided further, That of the sums appropriated under
this heading--
(1) $149,800,000 shall be for programs authorized under 23
U.S.C. 403, including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and improving
consumer responses to safety recalls, and section 4011 of the
Fixing America's Surface Transportation Act (Public Law 114-94);
and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $155,300,000 obligation limitation
for operations and research, $20,000,000 shall remain available until
September 30, 2021, and shall be in addition to the amount of any
limitation imposed on obligations for future years: Provided further,
That amounts for behavioral research on Automated Driving Systems and
Advanced Driver Assistance Systems and improving consumer responses to
safety recalls are in addition to any other funds provided for those
purposes for fiscal year 2020 in this Act.
[[Page 133 STAT. 2956]]
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of 23
U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act, to remain available until expended,
$623,017,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs for which
the total obligations in fiscal year 2020 are in excess of $623,017,000
for programs authorized under 23 U.S.C. 402, 404, and 405, and section
4001(a)(6) of the Fixing America's Surface Transportation Act: Provided
further, That of the sums appropriated under this heading--
(1) $279,800,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402;
(2) $285,900,000 shall be for ``National Priority Safety
Programs'' under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ``High Visibility
Enforcement Program'' under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23 U.S.C.
405 for ``Impaired Driving Countermeasures'' (as described in subsection
(d) of that section) shall be available for technical assistance to the
States: Provided further, That with respect to the ``Transfers''
provision under 23 U.S.C. 405(a)(8), any amounts transferred to increase
the amounts made available under section 402 shall include the
obligation authority for such amounts: Provided further,
That <<NOTE: Notification. Deadline.>> the Administrator shall notify
the House and Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23 U.S.C.
405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall not
apply to obligations for which obligation authority was made available
in previous public laws but only to the extent that the obligation
authority has not lapsed or been used.
[[Page 133 STAT. 2957]]
Sec. 142. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $17,000,000, to remain available until September 30, 2021, shall
be made available to the National Highway Traffic Safety Administration
from the general fund: Provided, That of the sums provided under this
provision--
(1) not to exceed $7,000,000 shall be available to provide funding
for grants, pilot program activities, and innovative solutions to reduce
impaired-driving fatalities in collaboration with eligible entities
under section 403 of title 23, United States Code; and
(2) not to exceed $10,000,000 shall be available to continue a high
visibility enforcement paid-media campaign regarding highway-rail grade
crossing safety in collaboration with the Federal Railroad
Administration.
Sec. 143. None of the funds in this Act or any other Act shall be
used to enforce the requirements of 23 U.S.C. 405(a)(9).
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $224,198,000, of which $20,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, such authority shall exist as long as any such direct loan or
loan guarantee is outstanding.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $200,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and project
management oversight of grants carried out under section 24911 of title
49, United States Code: Provided further,
That <<NOTE: Notice. Deadline.>> the Secretary shall issue the Notice
of Funding Opportunity for funds provided under this heading consistent
with section 24911 of title 49, United States Code, no later than 180
days after enactment of this Act: <<NOTE: Review.>> Provided further,
That the Secretary shall review all applications received in response to
the Notice of Funding Opportunity required in the previous proviso:
Provided further, That <<NOTE: Announcement. Deadline.>> the Secretary
shall announce the selection of projects to receive awards for the funds
described in
[[Page 133 STAT. 2958]]
the previous two provisos no later than 1 year of enactment of this Act.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants, as authorized by section 22907 of title
49, United States Code, $325,000,000, to remain available until
expended: Provided, That section 22905(f) of title 49, United States
Code, shall not apply to projects for the implementation of positive
train control systems otherwise eligible under section 22907(c)(1) of
title 49, United States Code: Provided further, That amounts available
under this heading for projects selected for commuter rail passenger
transportation may be transferred by the Secretary, after selection, to
the appropriate agencies to be administered in accordance with chapter
53 of title 49, United States Code: Provided further, That the
Secretary shall not limit eligible projects from consideration for
funding for planning, engineering, environmental, construction, and
design elements of the same project in the same
application: <<NOTE: Time period.>> Provided further, That unobligated
balances remaining after 4 years from the date of enactment may be used
for any eligible project under section 22907(c) of title 49, United
States Code: Provided further, That the Secretary may withhold up to
one percent of the amount provided under this heading for the costs of
award and project management oversight of grants carried out under
section 22907 of title 49, United States Code: Provided further, That
of the sums appropriated under this heading, $45,000,000 shall be
available for projects eligible under section 22907(c)(2) of title 49,
United States Code, that require the acquisition of rights-of-way,
track, or track structure to support the development of new intercity
passenger rail service routes: Provided further, That for amounts
available under this heading eligible recipients under section 22907(b)
of title 49, United States Code, shall include any holding company of a
Class II railroad or Class III railroad (as those terms are defined in
section 20102 of title 49, United States Code): Provided further,
That <<NOTE: Notice. Announcement. Deadlines.>> the Secretary shall
issue the Notice of Funding Opportunity that encompasses funds provided
under this heading in this Act no later than 120 days after enactment of
this Act and announce the selection of projects to receive awards for
such funds no later than 300 days after the enactment of this
Act: <<NOTE: Requirement. Deadline. Publication.>> Provided further,
That the Notice of Funding Opportunity under the previous proviso shall
require application submissions 60 days after the publishing of such
Notice.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in section
1307(a) through (c) of Public Law 109-59, as amended by section 102 of
Public Law 110-244 (section 322 of title 23, United States Code),
$2,000,000, to remain available until expended.
restoration and enhancement
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United
[[Page 133 STAT. 2959]]
States Code, $2,000,000, to remain available until expended: Provided,
That the Secretary may withhold up to one percent of the funds provided
under this heading to fund the costs of award and project management and
oversight.
northeast corridor grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$700,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the costs of
project management and oversight of activities authorized by section
11101(c) of division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized under
section 11101(c) of division A of Public Law 114-94, the Secretary may
retain up to an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code: Provided further, That of the amounts made available under this
heading and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading, not less than $50,000,000 shall be made
available to bring Amtrak-served facilities and stations into compliance
with the Americans with Disabilities Act: Provided further, That of the
amounts made available under this heading and the ``National Network
Grants to the National Railroad Passenger Corporation'' heading,
$100,000,000 shall be made available to fund the replacement of the
single-level passenger cars used on Northeast Corridor, State Supported
Corridor, and Long Distance routes.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,300,000,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of title 49,
United States Code: Provided further, That at least $50,000,000 of the
amount provided under this heading shall be available for the
development, installation and operation of railroad safety technology,
including the implementation of a positive train control system, on
State-supported routes as defined under section 24102(13) of title 49,
United States Code, on which positive train control systems are not
required by law or regulation: Provided further, That none of the funds
provided under this heading shall be used by Amtrak to give notice under
subsection (a) or (b) of section 24706 of title 49, United States Code,
with respect to long-distance routes (as
[[Page 133 STAT. 2960]]
defined in section 24102 of title 49, United States Code) on which
Amtrak is the sole operator on a host railroad's line and a positive
train control system is not required by law or regulation, or, except in
an emergency or during maintenance or construction outages impacting
such routes, to otherwise discontinue, reduce the frequency of, suspend,
or substantially alter the route of rail service on any portion of such
route operated in fiscal year 2018, including implementation of service
permitted by section 24305(a)(3)(A) of title 49, United States Code, in
lieu of rail service.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: <<NOTE: Waiver authority.>>
Provided, That the President of Amtrak may waive the cap set in the
previous proviso for specific employees when the President of Amtrak
determines such a cap poses a risk to the safety and operational
efficiency of the system: Provided further,
That <<NOTE: Reports. Deadline. Summary. Time period.>> the President
of Amtrak shall report to the House and Senate Committees on
Appropriations within 60 days of enactment of this Act, a summary of all
overtime payments incurred by the Corporation for 2019 and the three
prior calendar years: Provided further, That <<NOTE: Summary.>> such
summary shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid to those
employees receiving waivers for each month for 2019 and for the three
prior calendar years.
Sec. 151. None of the funds provided to the National Railroad
Passenger Corporation under the headings ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'' may be used to
reduce the total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations, facilities or
rights-of-way below the staffing level on May 1, 2019.
Sec. 152. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities in
40 States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
Sec. 153. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $117,000,000, of which $15,000,000 shall remain available
until September 30, 2021, and up to $1,000,000 shall be available to
carry out the provisions of section 5326 of
[[Page 133 STAT. 2961]]
such title: Provided, That <<NOTE: Reports.>> upon submission to the
Congress of the fiscal year 2021 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on Capital
Investment Grants, including proposed allocations for fiscal year 2021.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,800,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for the
implementation or execution of programs authorized under 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $10,150,348,462 in fiscal year 2020: Provided further,
That the Federal share of the cost of activities carried out under 49
U.S.C. section 5312 shall not exceed 80 percent, except that if there is
substantial public interest or benefit, the Secretary may approve a
greater Federal share: Provided further, That in addition to the
amounts appropriated for purposes of 49 U.S.C. 5338(e), not less than 2
percent of the funds appropriated or available for the purposes of 49
U.S.C. 5338(f) shall be available for the purposes of 49 U.S.C. 5338(e).
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, low or no emission grants
under section 5339(c) of such title, formula grants to rural areas under
section 5311 of such title, high density state apportionments under
section 5340(d) of such title, the demonstration and deployment of
innovative mobility solutions as authorized under section 5312 of such
title, bus testing facilities under sections 5312 and 5318 of such
title, and for grants to areas of persistent poverty, $510,000,000, to
remain available until expended: Provided, That of the sums provided
under this heading--
(1) $338,000,000 shall be available for the buses and bus
facilities competitive grants as authorized under section 5339
of such title, of which $168,000,000 shall be available for the
buses and bus facilities formula grants as authorized under
section 5339(a) of such title, and $170,000,000 shall be
available for buses and bus facilities competitive grants as
authorized under section 5339(b) of such title;
[[Page 133 STAT. 2962]]
(2) $75,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title: Provided, That the minimum grant award shall be not less
than $750,000;
(3) $40,000,000 shall be available for formula grants for
rural areas as authorized under section 5311 of such title;
(4) $40,000,000 shall be available for the high density
state apportionments as authorized under section 5340(d) of such
title;
(5) Notwithstanding section 5318(a) of such title,
$3,000,000 shall be available for the operation and maintenance
of bus testing facilities by institutions of higher education
selected pursuant to section 5312(h): Provided,
That <<NOTE: Contracts.>> the Secretary shall enter into a
contract or cooperative agreement with, or make a grant to, each
institution of higher education selected pursuant to section
5312(h) of such title, to operate and maintain a facility to
conduct the testing of low or no emission vehicle new bus models
using the standards established pursuant to section 5318(e)(2)
of such title: Provided further, That <<NOTE: Definition.>>
the term ``low or no emission vehicle'' has the meaning given
the term in section 5312(e)(6) of such title: Provided further,
That the Secretary shall pay 80 percent of the cost of testing a
low or no emission vehicle new bus model at each selected
institution of higher education: Provided further, That the
entity having the vehicle tested shall pay 20 percent of the
cost of testing: Provided further, That a low or no emission
vehicle new bus model tested that receives a passing aggregate
test score in accordance with the standards established under
section 5318(e)(2) of such title, shall be deemed to be in
compliance with the requirements of section 5318(e) of such
title;
(6) $5,500,000 shall be available for the demonstration and
deployment of innovative mobility solutions as authorized under
section 5312 of such title; and
(7) $8,500,000 shall be available for competitive grants to
eligible entities to assist areas of persistent poverty:
Provided, That areas of persistent poverty means any county that
has consistently had 20 percent or more of the population living
in poverty over the 30 years preceding the date of enactment of
this Act, as measured by the 1990 and 2000 decennial census and
the most recent Small Area Income and Poverty Estimates, or any
census tract with a poverty rate of at least 20 percent as
measured by the 2013-2017 5-year data series available from the
American Community Survey of the Census Bureau: Provided
further, That <<NOTE: Grants. Plans.>> grants shall be for
planning, engineering, or development of technical, or financing
plans for projects eligible under chapter 53 of title 49, United
States Code: Provided further, That eligible entities are those
defined as eligible recipients or subrecipients under sections
5307, 5310 or 5311 of title 49, United States Code, and are in
areas of persistent poverty: Provided further, That the Federal
Transit Administration should complete outreach to such counties
and the departments of transportation within applicable States
via personal contact, webinars, web materials and other
appropriate methods determined by the Administrator: Provided
further, That State departments of transportation may apply on
behalf of eligible entities within their States: Provided
further,
[[Page 133 STAT. 2963]]
That the Federal Transit Administration should encourage
grantees to work with non-profits or other entities of their
choosing in order to develop planning, technical, engineering,
or financing plans: Provided further, That the Federal Transit
Administration should encourage grantees to partner with non-
profits that can assist with making projects low or no
emissions: Provided further, That projects funded under
paragraph (7) of this heading shall be for not less than 90
percent of the net total project cost:
Provided further, That amounts made available by this heading shall be
derived from the general fund: Provided further, That the amounts made
available under this heading shall not be subject to any limitation on
obligations for transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000, to
remain available until September 30, 2021, of which not less than
$2,500,000 shall be for a cooperative agreement through which the
Federal Transit Administration assists transit recipients with frontline
workforce development and standards based training in maintenance and
operations through an agreement with a national nonprofit organization
with a demonstrated capacity to develop and provide such programs though
labor management partnerships and apprenticeships: Provided, That the
assistance provided under this heading does not duplicate the activities
of 49 U.S.C. 5311(b) or 49 U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act,
$1,978,000,000, to remain available until September 30, 2023: Provided,
That of the amounts made available under this heading, $1,681,300,000
shall be allocated by December 31, 2021: Provided further, That of the
amounts made available under this heading, $1,458,000,000 shall be
available for projects authorized under section 5309(d) of title 49,
United States Code, $300,000,000 shall be available for projects
authorized under section 5309(e) of title 49, United States Code,
$100,000,000 shall be available for projects authorized under section
5309(h) of title 49, United States Code, and $100,000,000 shall be
available for projects authorized under section 3005(b) of the Fixing
America's Surface Transportation Act: Provided further,
That <<NOTE: Continuation.>> the Secretary shall continue to administer
the capital investment grants program in accordance with the procedural
and substantive requirements of section 5309 of title 49, United States
Code, and of section 3005(b) of the Fixing America's Surface
Transportation Act: Provided further, That projects that receive a
grant agreement under the Expedited Project Delivery for Capital
Investment Grants Pilot Program under section 3005(b) of the Fixing
America's Surface Transportation Act shall be deemed eligible for
funding provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such section:
Provided further, That such funding shall not exceed the Federal share
under section 3005(b).
[[Page 133 STAT. 2964]]
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan Area
Transit Authority only after receiving and reviewing a request for each
specific project: Provided further, That the
Secretary <<NOTE: Determination.>> shall determine that the Washington
Metropolitan Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system before
approving such grants: Provided further, That <<NOTE: Waiver
authority.>> the Secretary, in order to ensure safety throughout the
rail system, may waive the requirements of section 601(e)(1) of division
B of Public Law 110-432.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
Sec. 161. Notwithstanding <<NOTE: Reports.>> any other provision
of law, funds appropriated or limited by this Act under the heading
``Fixed Guideway Capital Investment'' of the Federal Transit
Administration for projects specified in this Act or identified in
reports accompanying this Act not obligated by September 30, 2023, and
other recoveries, shall be directed to projects eligible to use the
funds for the purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2019, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure, may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. No funds in this or any other Act shall be used to adjust
apportionments or withhold funds from apportionments pursuant to 26
U.S.C. 9503(e)(4).
Sec. 164. An eligible recipient of a grant under section 5339(c)
may submit an application in partnership with other entities, including
a transit vehicle manufacturer, that intend to participate in the
implementation of a project under section 5339(c) of title 49, United
States Code, and a project awarded with such partnership shall be
treated as satisfying the requirement for a competitive procurement
under section 5325(a) of title 49, United States Code, for the named
entity.
Sec. 165. None of the funds made available in this or any other Act
shall be used to impede or hinder project advancement or approval for
any project seeking a Federal contribution from the capital investment
grant program of greater than 40 percent of project costs as authorized
under 49 U.S.C. 5309.
Sec. 166. None of the funds made available under this Act may be
used for the implementation or furtherance of new policies detailed in
the ``Dear Colleague'' letter distributed by the Federal Transit
Administration to capital investment grant program project sponsors on
June 29, 2018.
[[Page 133 STAT. 2965]]
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying out
the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities on those portions of the Saint Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $38,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662: Provided, That
of the amounts made available under this heading, not less than
$16,000,000 shall be used on capital asset renewal activities.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$300,000,000, to remain available until expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $152,589,000: Provided, That of the sums
appropriated under this heading--
(1) $80,216,000 shall remain available until September 30,
2021 for the operations of the United States Merchant Marine
Academy;
(2) $5,225,000 shall remain available until expended for the
maintenance and repair, and equipment at the United States
Merchant Marine Academy;
(3) $3,000,000 shall remain available until September 30,
2021 for the Maritime Environment and Technology Assistance
program authorized under section 50307 of title 46, United
States Code; and
(4) $9,775,000, shall remain available until expended for
the Short Sea Transportation Program (America's Marine Highways)
to make grants for the purposes authorized under sections
55601(b)(1) and (3) of title 46, United States Code:
Provided further, That <<NOTE: Reports. Sexual assault.>> not later
than 120 days after enactment of this Act, the Administrator of the
Maritime Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual assault and
sexual harassment at the United States Merchant Marine Academy as
required pursuant
[[Page 133 STAT. 2966]]
to section 3507 of Public Law 110-417: Provided further, That available
balances under this heading for the Short Sea Transportation Program
(America's Marine Highways) from prior year recoveries shall be
available to carry out activities authorized under sections 55601(b)(1)
and (3) of title 46, United States Code: Provided further,
That <<NOTE: Grants. Deadline. Determination.>> from funds provided
under paragraphs (3) and (4) of the first proviso, the Secretary of
Transportation shall make grants no later than 180 days after enactment
of this Act in such amounts as the Secretary determines: Provided
further, That any unobligated balances and obligated balances not yet
expended from previous appropriations under this heading for programs
and activities supporting State Maritime Academies shall be transferred
to and merged with the appropriations for ``Maritime Administration--
State Maritime Academy Operations'' and shall be made available for the
same purposes as the appropriations for ``Maritime Administration--State
Maritime Academy Operations''.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $342,280,000: Provided, That
of the sums appropriated under this heading--
(1) $30,080,000, to remain available until expended, shall
be for maintenance, repair, life extension, marine insurance,
and capacity improvement of National Defense Reserve Fleet
training ships in support of State Maritime Academies, of which
$8,080,000, to remain available until expended, shall be for
expenses related to training mariners for costs associated with
training vessel sharing pursuant to 46 U.S.C. 51504(g)(3) for
costs associated with mobilizing, operating and demobilizing the
vessel, including travel costs for students, faculty and crew,
the costs of the general agent, crew costs, fuel, insurance,
operational fees, and vessel hire costs, as determined by the
Secretary;
(2) $300,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration, and
design of school ships;
(3) $2,400,000 shall remain available through September 30,
2021, for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2021, for direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, as amended by Public Law 113-281,
$20,000,000, to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$5,000,000, to remain available until expended.
[[Page 133 STAT. 2967]]
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime Administration.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 50302 of title 46, United States Code, $225,000,000 to remain
available until expended: Provided, That projects eligible for funding
provided under this heading shall be projects for coastal seaports,
inland river ports, or Great Lakes ports: Provided further, That of the
amounts made available under this heading, no less than $200,000,000
shall be for coastal seaports or Great Lakes ports: Provided further,
That <<NOTE: Distribution. Grants.>> the Maritime Administration shall
distribute funds provided under this heading as discretionary grants to
port authorities or commissions or their subdivisions and agents under
existing authority, as well as to a State or political subdivision of a
State or local government, a tribal government, a public agency or
publicly chartered authority established by one or more States, a
special purpose district with a transportation function, a multistate or
multijurisdictional group of entities, or a lead entity described above
jointly with a private entity or group of private entities: Provided
further, That projects eligible for funding provided under this heading
shall be designed to improve the safety, efficiency, or reliability of
the movement of goods into, out of, around, or within a port and
located--
(1) within the boundary of a port, or
(2) outside the boundary of a port, and directly related to
port operations, or to an intermodal connection to a port:
Provided further, That project awards eligible under this heading
shall be only for--
(1) port gate improvements;
(2) road improvements both within and connecting to the
port;
(3) rail improvements both within and connecting to the
port;
(4) berth improvements (including docks, wharves, piers and
dredging incidental to the improvement project);
(5) fixed landside improvements in support of cargo
operations (such as silos, elevators, conveyors, container
terminals, Ro/Ro structures including parking garages necessary
for intermodal freight transfer, warehouses including
refrigerated facilities, lay-down areas, transit sheds, and
other such facilities);
(6) utilities necessary for safe operations (including
lighting, stormwater, and other such improvements that are
incidental to a larger infrastructure project); or
(7) a combination of activities described above:
Provided further, That the Federal share of the costs for which an
expenditure is made under this heading shall be up to 80 percent:
Provided further, That for grants awarded under this heading, the
minimum grant size shall be $1,000,000: Provided further,
That <<NOTE: Priority.>> for grant awards less than $10,000,000, the
Secretary shall prioritize ports that handled less than 10,000,000 short
tons
[[Page 133 STAT. 2968]]
in 2017, as identified by the U.S. Army Corps of Engineers: Provided
further, That for grant awards less than $10,000,000, the Secretary may
increase the Federal share of costs above 80 percent: Provided further,
That not to exceed 2 percent of the funds appropriated under this
heading shall be available for necessary costs of grant administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as miscellaneous
receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $24,215,000, of which $1,500,000 shall
remain available until September 30, 2022: Provided,
That <<NOTE: Deadlines. Regulations. 49 USC 60102 note.>> no later than
90 days after enactment of this Act, the Secretary of Transportation
shall initiate a rulemaking on automatic and remote-controlled shut-off
valves and hazardous liquid pipeline facilities leak detection systems
as required under section 4 and section 8 of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112-90),
respectively, and shall issue a final rule no later than one year after
enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$61,000,000, of which $11,000,000 shall remain available until September
30, 2022: Provided, That up to $800,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
[[Page 133 STAT. 2969]]
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by 49 U.S.C. 60107, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990, $168,000,000, to
remain available until September 30, 2022, of which $23,000,000 shall be
derived from the Oil Spill Liability Trust Fund; of which $137,000,000
shall be derived from the Pipeline Safety Fund; and of which $8,000,000
shall be derived from fees collected under 49 U.S.C. 60302 and deposited
in the Underground Natural Gas Storage Facility Safety Account for the
purpose of carrying out 49 U.S.C. 60141: Provided, That not less than
$1,058,000 of the funds provided under this heading shall be for the
One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2022, from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C.
5116(h)(4), not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs: Provided
further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current
year obligation limitation, prior year recoveries recognized in the
current year shall be available to develop a hazardous materials
response training curriculum for emergency responders, including
response activities for the transportation of crude oil, ethanol and
other flammable liquids by rail, consistent with National Fire
Protection Association standards, and to make such training available
through an electronic format: Provided further, That the prior year
recoveries made available under this heading shall also be available to
carry out 49 U.S.C. 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$94,600,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
[[Page 133 STAT. 2970]]
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business;
and uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901-5902).
(b) During the current fiscal year, applicable appropriations to the
Department and its operating administrations shall be available for the
purchase, maintenance, operation, and deployment of unmanned aircraft
systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 183. None of the funds in this Act shall be available for
salaries and expenses of more than 125 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. (a) <<NOTE: Notification. Deadline.>> None of the funds
provided in this Act to the Department of Transportation may be used to
make a loan, loan guarantee, line of credit, or discretionary grant
unless the Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business days before
any project competitively selected to receive any discretionary grant
award, letter of intent, loan commitment, loan guarantee commitment,
line of credit commitment, or full funding grant agreement is announced
by the Department or its modal administrations: Provided,
That <<NOTE: Notification.>> the Secretary gives concurrent
notification to the House and Senate Committees on Appropriations for
any ``quick release'' of funds from the emergency relief program:
Provided further, That no notification shall involve funds that are not
available for obligation.
(b) <<NOTE: Loans. Contracts. Grants. Lists. Deadline.>> In
addition to the notification required in subsection (a), none of the
funds made available in this Act to the Department of Transportation may
be used to make a loan, loan guarantee, line of credit, cooperative
agreement or discretionary grant unless
[[Page 133 STAT. 2971]]
the Secretary of Transportation provides the House and Senate Committees
on Appropriations a comprehensive list of all such loans, loan
guarantees, lines of credit, cooperative agreement or discretionary
grants that will be announced not less the 3 full business days before
such announcement: Provided, That the Department shall provide the list
required in this subsection prior to the notification required in
subsection (a): Provided further, That the requirement to provide a
list in this subsection does not apply to any ``quick release'' of funds
from the emergency relief program: Provided further, That no list shall
involve funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) <<NOTE: Reimbursement.>> to reimburse the actual
expenses incurred by the Department of Transportation in
recovering improper payments: Provided, That amounts made
available in this Act shall be available until expended; and
(2) <<NOTE: Payments.>> to pay contractors for services
provided in recovering improper payments or contractor support
in the implementation of the Improper Payments Information Act
of 2002, as amended by the Improper Payments Elimination and
Recovery Act of 2010 and Improper Payments Elimination and
Recovery Improvement Act of 2012, and Fraud Reduction and Data
Analytics Act of 2015: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available: Provided
further, That where specific project or accounting
information associated with the improper payment or
payments is not readily available, the Secretary may
credit an appropriate account, which shall be available
for the purposes and period associated with the account
so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further,
That <<NOTE: Notification.>> prior to depositing such
recovery in the Treasury, the Secretary shall notify the
House and Senate Committees on Appropriations of the
amount and reasons for such transfer: Provided further,
That <<NOTE: Definition.>> for purposes of this
section, the term ``improper payments'' has the same
meaning as that provided in section 2(e)(2) of Public
Law 111-204.
Sec. 188. Notwithstanding <<NOTE: Notice.>> any other provision of
law, if any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to the House
and
[[Page 133 STAT. 2972]]
Senate Committees on Appropriations, transmission of said reprogramming
notice shall be provided solely to the House and Senate Committees on
Appropriations, and said reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That <<NOTE: Notice. Deadline.>> the Secretary of
Transportation may provide notice to other congressional committees of
the action of the House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date on which
the reprogramming action has been approved or denied by the House and
Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when such
amounts are for the costs of goods and services that are purchased to
provide a direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 191. The <<NOTE: Certification.>> Department of
Transportation may use funds provided by this Act, or any other Act, to
assist a contract under title 49 U.S.C. or title 23 U.S.C. utilizing
geographic, economic, or any other hiring preference not otherwise
authorized by law, or to amend a rule, regulation, policy or other
measure that forbids a recipient of a Federal Highway Administration or
Federal Transit Administration grant from imposing such hiring
preference on a contract or construction project with which the
Department of Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does not
delay or displace any transportation project in the applicable
Statewide Transportation Improvement Program or Transportation
Improvement Program.
Sec. 192. Section 502(b)(3) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is amended by
striking ``only during the 4-year period beginning on the date of
enactment of the Passenger Rail Reform and Investment Act of 2015'' and
inserting ``until September 30, 2020''.
Sec. 193. The <<NOTE: Coordination.>> Secretary of Transportation
shall coordinate with the Secretary of Homeland Security to ensure that
best practices for Industrial Control Systems Procurement are up-to-date
and shall ensure that systems procured with funds provided under this
title were procured using such practices.
[[Page 133 STAT. 2973]]
This title may be cited as the ``Department of Transportation
Appropriations Act, 2020''.
TITLE <<NOTE: Department of Housing and Urban Development Appropriations
Act, 2020.>> II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,217,000, to
remain available until September 30, 2021: Provided, That not to exceed
$25,000 of the amount made available under this heading shall be
available to the Secretary for official reception and representation
expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $563,378,000, to remain available until September 30, 2021:
Provided, That of the sums appropriated under this heading--
(1) $73,562,000 shall be available for the Office of the
Chief Financial Officer;
(2) $103,916,000 shall be available for the Office of the
General Counsel, of which not less than $18,700,000 shall be for
the Departmental Enforcement Center;
(3) $206,849,000 shall be available for the Office of
Administration;
(4) $39,827,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $57,861,000 shall be available for the Office of Field
Policy and Management;
(6) $19,445,000 shall be available for the Office of the
Chief Procurement Officer;
(7) $4,242,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $57,676,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds provided under this heading may be used
for necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including purchase of uniforms, or allowances therefor, as authorized by
5 U.S.C. 5901-5902; hire of passenger motor vehicles; and services as
authorized by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that directly support
program activities funded in this title: Provided further,
That <<NOTE: Time period. Notification.>> the Secretary shall provide
the House and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional reports:
Provided further, That <<NOTE: Reports.>> the Secretary shall provide
in electronic form all signed reports required by Congress: Provided
[[Page 133 STAT. 2974]]
further, That <<NOTE: Publication.>> none of the funds made available
under this heading for the Office of the Chief Financial Officer for the
financial transformation initiative shall be available for obligation
until after the Secretary has published all mitigation allocations made
available under the heading ``Department of Housing and Urban
Development--Community Planning and Development--Community Development
Fund'' in Public Law 115-123 and the necessary administrative
requirements pursuant to section 1102 of Public Law 116-20: Provided
further, That <<NOTE: Expenditure plan.>> only after the terms and
conditions of the previous proviso have been met, not more than 10
percent of the funds made available under this heading for the Office of
the Chief Financial Officer for the financial transformation initiative
may be obligated until the Secretary submits to the House and Senate
Committees on Appropriations, for approval, a plan for expenditure that
includes the financial and internal control capabilities to be delivered
and the mission benefits to be realized, key milestones to be met, and
the relationship between the proposed use of funds made available under
this heading and the projected total cost and scope of the initiative.
program offices
For necessary salaries and expenses for Program Offices,
$847,000,000, to remain available until September 30, 2021: Provided,
That of the sums appropriated under this heading--
(1) $227,000,000 shall be available for the Office of Public
and Indian Housing;
(2) $124,000,000 shall be available for the Office of
Community Planning and Development;
(3) $384,000,000 shall be available for the Office of
Housing, of which not less than $12,300,000 shall be for the
Office of Recapitalization;
(4) $28,000,000 shall be available for the Office of Policy
Development and Research;
(5) $75,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $9,000,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and Urban
Development (referred to in this paragraph as the ``Fund''), pursuant,
in part, to section 7(f) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(f)), amounts transferred, including
reimbursements pursuant to section 7(f), to the Fund under this heading
shall be available only for Federal shared services used by offices and
agencies of the Department, and for any such portion of any office or
agency's printing, records management, space renovation, furniture, or
supply services the Secretary has determined shall be provided through
the Fund, and the operational expenses of the Fund: Provided, That
amounts within the Fund shall not be available to provide services not
specifically authorized under this heading: <<NOTE: Determination.>>
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided
[[Page 133 STAT. 2975]]
through the Fund, amounts made available in this title for salaries and
expenses under the headings ``Executive Offices'', ``Administrative
Support Offices'', ``Program Offices'', and ``Government National
Mortgage Association'', for such services shall be transferred to the
Fund, to remain available until
expended: <<NOTE: Notification. Deadline.>> Provided further, That the
Secretary shall notify the House and Senate Committees on Appropriations
of its plans for executing such transfers at least fifteen (15) days in
advance of such transfers: Provided further, That the Secretary may
transfer not to exceed an additional $5,000,000, in aggregate, from all
such appropriations, to be merged with the Fund and to remain available
until expended for any purpose under this heading.
Public and Indian Housing
tenant-based <<NOTE: Vouchers.>> rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $19,874,050,000, to remain available until
expended, shall be available on October 1, 2019 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2019), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2020: Provided, That
the amounts made available under this heading are provided as follows:
(1) $21,502,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That <<NOTE: Notice. Federal
Register, publication.>> notwithstanding any other provision of
law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2020 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary, by
notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and Choice Neighborhoods vouchers: Provided further,
That none of the funds provided under this paragraph may be used
to fund a total number of unit months under lease which exceeds
a public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the MTW demonstration, which are instead governed by the terms
and conditions of their MTW agreements: Provided further, That
the Secretary shall, to the extent necessary to stay within the
amount specified under this paragraph (except as otherwise
modified under this paragraph), prorate each public housing
agency's allocation otherwise established pursuant to this
paragraph: Provided further,
That <<NOTE: Notification. Deadline.>> except as provided in
the following provisos, the entire amount specified under this
paragraph (except as otherwise modified under this paragraph)
shall be obligated to the public housing agencies
[[Page 133 STAT. 2976]]
based on the allocation and pro rata method described above, and
the Secretary shall notify public housing agencies of their
annual budget by the latter of 60 days after enactment of this
Act or March 1, 2020: Provided further,
That <<NOTE: Notification. Approval.>> the Secretary may extend
the notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the MTW
demonstration shall be funded pursuant to their MTW agreements
and shall be subject to the same pro rata adjustments under the
previous provisos: Provided further, That the Secretary may
offset public housing agencies' calendar year 2020 allocations
based on the excess amounts of public housing agencies' net
restricted assets accounts, including HUD-held programmatic
reserves (in accordance with VMS data in calendar year 2019 that
is verifiable and complete), as determined by the Secretary:
Provided further, That public housing agencies participating in
the MTW demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW agreements,
from the agencies' calendar year 2020 MTW funding allocation:
Provided further, That the Secretary shall use any offset
referred to in the previous two provisos throughout the calendar
year to prevent the termination of rental assistance for
families as the result of insufficient funding, as determined by
the Secretary, and to avoid or reduce the proration of renewal
funding allocations: Provided further, That up to $100,000,000
shall be available only: (1) for adjustments in the allocations
for public housing agencies, after application for an adjustment
by a public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers that
were not in use during the previous 12-month period in order to
be available to meet a commitment pursuant to section 8(o)(13)
of the Act; (3) for adjustments for costs associated with HUD-
Veterans Affairs Supportive Housing (HUD-VASH) vouchers; (4) for
public housing agencies that despite taking reasonable cost
savings measures, as determined by the Secretary, would
otherwise be required to terminate rental assistance for
families as a result of insufficient funding; (5) for
adjustments in the allocations for public housing agencies that
(i) are leasing a lower-than-average percentage of their
authorized vouchers, (ii) have low amounts of budget authority
in their net restricted assets accounts and HUD-held
programmatic reserves, relative to other agencies, and (iii) are
not participating in the Moving to Work demonstration, to enable
such agencies to lease more vouchers; and (6) for public housing
agencies that have experienced increased costs or loss of units
in an area for which the President declared a disaster under
title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.): Provided further,
That <<NOTE: Allocation. Determination.>> the Secretary shall
allocate amounts under the previous proviso based on need, as
determined by the Secretary;
(2) $75,000,000 shall be for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to section 18 of the Act, conversion
[[Page 133 STAT. 2977]]
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public
and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, Choice Neighborhood vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or for project-
based assistance to prevent the displacement of unassisted
elderly tenants currently residing in section 202 properties
financed between 1959 and 1974 that are refinanced pursuant to
Public Law 106-569, as amended, or under the authority as
provided under this Act: Provided, That when a public housing
development is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and
safety risk to residents: Provided further, That the Secretary
may only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be
available as assisted housing, subject only to the availability
of funds: Provided further, That of the amounts made available
under this paragraph, up to $5,000,000 may be available to
provide tenant protection assistance, not otherwise provided
under this paragraph, to residents residing in low vacancy areas
and who may have to pay rents greater than 30 percent of
household income, as the result of: (A) the maturity of a HUD-
insured, HUD-held or section 202 loan that requires the
permission of the Secretary prior to loan prepayment; (B) the
expiration of a rental assistance contract for which the tenants
are not eligible for enhanced voucher or tenant protection
assistance under existing law; or (C) the expiration of
affordability restrictions accompanying a mortgage or
preservation program administered by the Secretary: Provided
further, That such tenant protection assistance made available
under the previous proviso may be provided under the authority
of section 8(t) or section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)): Provided further,
That <<NOTE: Guidance. Requirements. Deadline.>> the Secretary
shall issue guidance to implement the previous provisos,
including, but not limited to, requirements for defining
eligible at-risk households within 60 days of the enactment of
this Act: Provided further, That <<NOTE: Notice.>> any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such voucher
no longer receives such voucher, and the authority for any
public housing agency to issue any such voucher shall cease to
exist: Provided further, That the Secretary may provide section
8 rental assistance from amounts made available under this
paragraph for units assisted under a project-based subsidy
contract funded under the ``Project-Based Rental Assistance''
heading under this title where the owner has received a Notice
of Default and the units pose an imminent health and safety risk
to residents: Provided further, That to the extent that the
Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the subsidy
[[Page 133 STAT. 2978]]
contract associated with such units to another project or
projects and owner or owners, any remaining amounts associated
with such units under such contract shall be recaptured and used
to reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $1,977,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$30,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs, including fees associated with section
8 tenant protection rental assistance, the administration of
disaster related vouchers, HUD-VASH vouchers, and other special
purpose incremental vouchers: Provided, That no less than
$1,947,000,000 of the amount provided in this paragraph shall be
allocated to public housing agencies for the calendar year 2020
funding cycle based on section 8(q) of the Act (and related
Appropriation Act provisions) as in effect immediately before
the enactment of the Quality Housing and Work Responsibility Act
of 1998 (Public Law 105-276): Provided further, That if the
amounts made available under this paragraph are insufficient to
pay the amounts determined under the previous proviso, the
Secretary may decrease the amounts allocated to agencies by a
uniform percentage applicable to all agencies receiving funding
under this paragraph or may, to the extent necessary to provide
full payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading from prior
fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be funded
pursuant to their MTW agreements, and shall be subject to the
same uniform percentage decrease as under the previous proviso:
Provided further, That amounts provided under this paragraph
shall be only for activities related to the provision of tenant-
based rental assistance authorized under section 8, including
related development activities;
(4) $229,050,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering the
special purpose vouchers in this paragraph shall be funded under
the same terms and be subject to the same pro rata reduction as
the percent decrease for administrative and other expenses to
public housing agencies under paragraph (3) of this heading:
Provided further, That upon turnover, section 811 special
purpose vouchers funded under this heading in this or prior
Acts, or under any other heading in prior Acts, shall be
provided to non-elderly persons with disabilities;
(5) $1,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VASH to serve Native American
veterans that are homeless or at-risk of homelessness living on
or near a reservation or other Indian areas: Provided, That
such amount <<NOTE: Grants.>> shall be made available for
renewal grants
[[Page 133 STAT. 2979]]
to recipients that received assistance under prior Acts under
the Tribal HUD-VASH program: Provided further,
That <<NOTE: Criteria. Data.>> the Secretary shall be
authorized to specify criteria for renewal grants, including
data on the utilization of assistance reported by grant
recipients: Provided further, That such assistance shall be
administered in accordance with program requirements under the
Native American Housing Assistance and Self-Determination Act of
1996 and modeled after the HUD-VASH program: Provided further,
That <<NOTE: Waiver authority. Requirements.>> the Secretary
shall be authorized to waive, or specify alternative
requirements for any provision of any statute or regulation that
the Secretary administers in connection with the use of funds
made available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards, and
the environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such assistance:
Provided further, That <<NOTE: Reports. Data.>> grant
recipients shall report to the Secretary on utilization of such
rental assistance and other program data, as prescribed by the
Secretary: Provided further, That the Secretary may reallocate,
as determined by the Secretary, amounts returned or recaptured
from awards under prior Acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That <<NOTE: Consultation.>> the
Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 203 (competition
provision) of this title, to public housing agencies that
partner with eligible VA Medical Centers or other entities as
designated by the Secretary of the Department of Veterans
Affairs, based on geographical need for such assistance as
identified by the Secretary of the Department of Veterans
Affairs, public housing agency administrative performance, and
other factors as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the Department
of Veterans Affairs: Provided further, That <<NOTE: Waiver
authority. Requirements. Consultation.>> the Secretary of
Housing and Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of the
Department of Veterans Affairs), any provision of any statute or
regulation that the Secretary of Housing and Urban Development
administers in connection with the use of funds made available
under this paragraph (except for requirements related to fair
housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such voucher
assistance: Provided further,
That <<NOTE: Continuation. Veterans.>> assistance made
available under this paragraph shall continue to remain
available for homeless veterans upon turn-over;
(7) $25,000,000 shall be made available for the family
unification program as authorized under section 8(x) of the Act:
Provided, That the amounts made available under this paragraph
are provided as follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided,
That <<NOTE: Continuation. Children, youth, and
families.>> the assistance made available
[[Page 133 STAT. 2980]]
under this subparagraph shall continue to remain
available for family unification upon turnover; and
(B) $20,000,000 shall be for new incremental voucher
assistance to assist eligible youth as defined by such
section 8(x)(2)(B): Provided,
That <<NOTE: Continuation. Children, youth, and
families.>> assistance made available under this
subparagraph shall continue to remain available for such
eligible youth upon turnover: Provided further, That of
the total amount made available under this subparagraph,
up to $10,000,000 shall be available on a noncompetitive
basis to public housing agencies that partner with
public child welfare agencies to identify such eligible
youth, that request such assistance to timely assist
such eligible youth, and that meet any other criteria as
specified by the Secretary: Provided further,
That <<NOTE: Review. Determination.>> the Secretary
shall review utilization of the assistance made
available under the previous proviso, at an interval to
be determined by the Secretary, and unutilized voucher
assistance that is no longer needed shall be recaptured
by the Secretary and reallocated pursuant to the
previous proviso:
Provided further, That <<NOTE: Determination. Notification.>>
for any public housing agency administering voucher assistance
appropriated in a prior Act under the family unification
program, or made available and competitively selected under this
paragraph, that determines that it no longer has an identified
need for such assistance upon turnover, such agency shall notify
the Secretary, and the Secretary shall recapture such assistance
from the agency and reallocate it to any other public housing
agency or agencies based on need for voucher assistance in
connection with such specified program or eligible youth, as
applicable;
(8) $25,000,000 shall be made available for the mobility
demonstration authorized under section 235 of division G of the
Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note;
Public Law 116-6; 133 Stat. 465), of which up to $5,000,000
shall be for new incremental voucher assistance and the
remainder of which shall be available to provide mobility-
related services to families with children, including pre- and
post-move counseling and rent deposits, and to offset the
administrative costs of operating the mobility demonstration:
Provided, That <<NOTE: Continuation. Children, youth, and
families.>> incremental voucher assistance made available under
this paragraph shall be for families with children participating
in the mobility demonstration and shall continue to remain
available for families with children upon turnover: Provided
further, That <<NOTE: Notification.>> for any public housing
agency administering voucher assistance under the mobility
demonstration that determines that it no longer has an
identified need for such assistance upon turnover, such agency
shall notify the Secretary, and the Secretary shall recapture
such assistance from the agency and reallocate it to any other
public housing agency or agencies based on need for voucher
assistance in connection with such demonstration; and
(9) the Secretary shall separately track all special purpose
vouchers funded under this heading.
[[Page 133 STAT. 2981]]
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2020 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g)
(the ``Act'') $2,869,893,812, to remain available until September 30,
2023: Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2020, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) regarding the
extension of the time periods under such section: Provided further,
That <<NOTE: Definition.>> for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That of the total amount made
available under this heading, up to $14,000,000 shall be to support
ongoing public housing financial and physical assessment activities:
Provided further, That of the total amount made available under this
heading, up to $1,000,000 shall be to support the costs of
administrative and judicial receiverships: Provided further,
That <<NOTE: Grants.>> of the total amount provided under this heading,
not to exceed $64,650,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this Act, to public housing
agencies for emergency capital needs including safety and security
measures necessary to address crime and drug-related activity as well as
needs resulting from unforeseen or unpreventable emergencies and natural
disasters excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and Emergency Act
(42 U.S.C. 5121 et seq.) occurring in fiscal year 2020, of which
$34,650,000 shall be available for public housing agencies under
administrative and judicial receiverships or under the control of a
Federal monitor: Provided further, That of the amount made available
under the previous proviso, not less than $10,000,000
[[Page 133 STAT. 2982]]
shall be for safety and security measures: <<NOTE: Allocation.>>
Provided further, That in addition to the amount in the previous proviso
for such safety and security measures, any amounts that remain
available, after all applications received on or before September 30,
2021, for emergency capital needs have been processed, shall be
allocated to public housing agencies for such safety and security
measures: Provided further, That for funds provided under this heading,
the limitation in section 9(g)(1) of the Act shall be 25 percent:
Provided further, That <<NOTE: Waiver authority.>> the Secretary may
waive the limitation in the previous proviso to allow public housing
agencies to fund activities authorized under section 9(e)(1)(C) of the
Act: Provided further, That <<NOTE: Notification. Deadline.>> the
Secretary shall notify public housing agencies requesting waivers under
the previous proviso if the request is approved or denied within 14 days
of submitting the request: Provided further, That <<NOTE: Bonus
awards.>> from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2020 to public
housing agencies that are designated high performers: Provided further,
That <<NOTE: Notification. Deadline.>> the Department shall notify
public housing agencies of their formula allocation within 60 days of
enactment of this Act: Provided further, That of the
total <<NOTE: Grants. Evaluation.>> amount provided under this heading,
$45,000,000 shall be available for competitive grants to public housing
agencies to evaluate and reduce lead-based paint hazards and other
housing-related hazards including carbon monoxide and mold in public
housing: Provided further, That <<NOTE: Grants. Evaluation.>> of the
amounts available under the previous proviso, no less than $25,000,000
shall be for competitive grants to public housing agencies to evaluate
and reduce lead-based paint hazards in public housing by carrying out
the activities of risk assessments, abatement, and interim controls (as
those terms are defined in section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)): Provided
further, That for purposes of environmental review, a grant under the
previous two provisos shall be considered funds for projects or
activities under title I of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) for purposes of section 26 of such Act (42 U.S.C.
1437x) and shall be subject to the regulations implementing such
section: Provided further, That for funds made available under the
previous three provisos, the Secretary shall allow a PHA to apply for up
to 20 percent of the funds made available under the first two provisos
and prioritize need when awarding grants.
public housing operating fund
For 2020 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,549,000,000,
to remain available until September 30, 2021: Provided,
That <<NOTE: Determination.>> of the total amount available under this
heading, $25,000,000 shall be available to the Secretary to allocate
pursuant to a need-based application process notwithstanding section 203
of this title and not subject to the Operating Fund formula at part 990
of title 24, Code of Federal Regulations to public housing agencies that
experience financial insolvency, as determined by the Secretary:
Provided further, That after all such insolvency needs are met, the
Secretary may distribute any remaining funds to all public housing
agencies on a pro-rata basis pursuant to the
[[Page 133 STAT. 2983]]
Operating Fund formula at part 990 of title 24, Code of Federal
Regulations.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $175,000,000, to remain available until September 30, 2022:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: <<NOTE: Time
period. Determination.>> Provided further, That grantees shall commit
to an additional period of affordability determined by the Secretary of
not fewer than 20 years: Provided further, That grantees shall provide
a match in State, local, other Federal or private funds: Provided
further, That grantees may include local governments, tribal entities,
public housing authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity: Provided
further, That <<NOTE: Regulations.>> for purposes of environmental
review, a grantee shall be treated as a public housing agency under
section 26 of the United States Housing Act of 1937 (42 U.S.C. 1437x),
and grants under this heading shall be subject to the regulations issued
by the Secretary to implement such section: Provided further, That of
the amount provided, not less than $87,500,000 shall be awarded to
public housing agencies: Provided further, That such grantees shall
create partnerships with other local organizations including assisted
housing owners, service agencies, and resident
organizations: <<NOTE: Consultation. Coordination.>> Provided further,
That the Secretary shall consult with the Secretaries of Education,
Labor, Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage other
appropriate Federal resources: Provided further, That no more than
$5,000,000 of funds made available under this heading may be provided as
grants to undertake comprehensive local planning with input from
residents and the community: Provided further, That unobligated
balances, including recaptures, remaining from funds appropriated under
the heading ``Revitalization of Severely Distressed Public Housing (HOPE
VI)'' in fiscal year 2011 and prior fiscal years may be used for
purposes under this heading, notwithstanding the purposes for which such
amounts were appropriated: Provided further,
That <<NOTE: Notice. Deadline.>> the Secretary shall issue the Notice
of Funding Availability for funds made available under this heading no
later than 90 days after enactment of this
Act: <<NOTE: Grants. Deadline. Determination.>> Provided further, That
the Secretary shall make grant awards no later than one year from the
date of enactment of this Act in such amounts that the Secretary
determines: Provided further, That notwithstanding section 24(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary
may, until September 30, 2023,
[[Page 133 STAT. 2984]]
obligate any available unobligated balances made available under this
heading in this, or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2023, $130,000,000: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $80,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), to promote the development of local strategies to
coordinate the use of assistance under sections 8 and 9 of such
Act with public and private resources, and enable eligible
families to achieve economic independence and self-sufficiency:
Provided, That <<NOTE: Federal Register,
publication. Notice. Determination.>> the Secretary may, by
Federal Register notice, waive or specify alternative
requirements under subsections (b)(3), (b)(4), (b)(5), or (c)(1)
of section 23 of such Act in order to facilitate the operation
of a unified self-sufficiency program for individuals receiving
assistance under different provisions of the Act, as determined
by the Secretary: Provided further, That
owners <<NOTE: Procedures.>> of a privately owned multifamily
property with a section 8 contract may voluntarily make a Family
Self-Sufficiency program available to the assisted tenants of
such property in accordance with procedures established by the
Secretary: Provided further, That such procedures established
pursuant to the previous proviso shall permit participating
tenants to accrue escrow funds in accordance with section
23(d)(2) and shall allow owners to use funding from residual
receipt accounts to hire coordinators for their own Family Self-
Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative, modeled
after the Jobs-Plus demonstration: Provided,
That <<NOTE: Grants.>> funding provided under this paragraph
shall be available for competitive grants to partnerships
between public housing authorities, local workforce investment
boards established under section 107 of the Workforce Innovation
and Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies
and organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to provide
services to residents, partner with workforce investment boards,
and leverage service dollars: Provided further, That the
Secretary may allow public housing agencies to request
exemptions from rent and income limitation requirements under
sections 3 and 6 of the United States Housing Act of 1937 (42
U.S.C. 1437a, 1437d), as necessary to implement the Jobs-Plus
program, on such terms and conditions as the Secretary may
approve upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective
implementation of the Jobs-
[[Page 133 STAT. 2985]]
Plus initiative as a voluntary program for residents: Provided
further, That <<NOTE: Notice. Federal
Register, publication. Deadline.>> the Secretary shall publish
by notice in the Federal Register any waivers or alternative
requirements pursuant to the preceding proviso no later than 10
days before the effective date of such notice.
native american programs
(including transfer of funds)
For activities and assistance authorized under title I of the Native
American Housing Assistance and Self-Determination Act of 1996 (NAHASDA)
(25 U.S.C. 4111 et seq.), title I of the Housing and Community
Development Act of 1974 with respect to Indian tribes (42 U.S.C.
5306(a)(1)), and related training and technical assistance,
$825,000,000, to remain available until September 30, 2024, unless
otherwise specified: Provided, That the amounts made available under
this heading are provided as follows:
(1) $646,000,000 shall be available for the Native American
Housing Block Grants program, as authorized under title I of
NAHASDA: Provided,
That, <<NOTE: Determination. Applicability.>> notwithstanding
NAHASDA, to determine the amount of the allocation under title I
of such Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the two
resulting allocation amounts: Provided further,
That <<NOTE: Notification. Deadline.>> the Department will
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act;
(2) $2,000,000 shall be available for the cost of guaranteed
notes and other obligations, as authorized by title VI of
NAHASDA: Provided, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $32,000,000;
(3) <<NOTE: Grants.>> $100,000,000 shall be available for
competitive grants under the Native American Housing Block
Grants program, as authorized under title I of NAHASDA:
Provided, That the Secretary shall obligate this additional
amount for competitive grants to eligible recipients authorized
under NAHASDA that apply for funds: Provided further, That in
awarding this additional amount, the Secretary shall consider
need and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation:
Provided further, That a grant funded pursuant to this
paragraph shall be not greater than $10,000,000: Provided
further, That up to 1 percent of this additional amount may be
transferred, in aggregate, to ``Program Offices--Public and
Indian Housing'' for necessary costs of administering and
overseeing the obligation and expenditure of this additional
amount and of additional amounts provided in prior years, to
remain available until
[[Page 133 STAT. 2986]]
September 30, 2025: Provided further, That any funds
transferred pursuant to the previous proviso in prior Acts may
also be used for the purposes described in the previous proviso;
(4) <<NOTE: Grants.>> $70,000,000 shall be available for
grants to Indian tribes for carrying out the Indian Community
Development Block Grant program under title I of the Housing and
Community Development Act of 1974, notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 203 of this Act), up to
$4,000,000 may be used for emergencies that constitute imminent
threats to health and safety: Provided, That not to exceed 20
percent of any grant made with funds appropriated under this
paragraph shall be expended for planning and management
development and administration: Provided further, That funds
provided under this paragraph shall remain available until
September 30, 2022; and
(5) $7,000,000 shall be available for providing training and
technical assistance to Indian tribes, Indian housing
authorities and tribally designated housing entities, to support
the inspection of Indian housing units, contract expertise, and
for training and technical assistance related to funding
provided under this heading and other headings under this Act
for the needs of Native American families and Indian country:
Provided, That of the funds made available under this paragraph,
not less than $2,000,000 shall be available for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, That <<NOTE: Determination.>>
amounts made available under this paragraph may be used,
contracted, or competed as determined by the Secretary:
Provided further, That notwithstanding the provisions of the
Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C.
6301-6308), the amounts made available under this paragraph may
be used by the Secretary to enter into cooperative agreements
with public and private organizations, agencies, institutions,
and other technical assistance providers to support the
administration of negotiated rulemaking under section 106 of
NAHASDA (25 U.S.C. 4116), the administration of the allocation
formula under section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167): Provided further, That
of the funds made available under this paragraph, not more than
$1,000,000 shall be available to support utilization, outreach,
and capacity building with tribes and tribal housing
organizations for the Tribal HUD-VASH program.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$1,100,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That an additional $500,000, to remain available until
expended, shall be available for administrative contract expenses
including management processes to carry out the loan guarantee program:
Provided further, That the Secretary may subsidize total loan principal,
any part of which is
[[Page 133 STAT. 2987]]
to be guaranteed, up to $1,000,000,000, to remain available until
expended: Provided further, That <<NOTE: Applicability.>> for any
unobligated balances (including amounts of uncommitted limitation)
remaining from amounts made available under this heading in Public Law
115-31, Public Law 115-141, and Public Law 116-6, and for any recaptures
occurring in fiscal year 2019 or in future fiscal years of amounts made
available under this heading in prior fiscal years, the second proviso
of each such heading shall be applied as if ``these funds are available
to'' was struck and ``the Secretary may'' was inserted in its place.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,000,000, to
remain available until September 30, 2024: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts provided under this heading in
investment securities and other obligations: Provided further, That
amounts made available under this heading in this and prior fiscal years
may be used to provide rental assistance to eligible Native Hawaiian
families both on and off the Hawaiian Home Lands, notwithstanding any
other provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $410,000,000, to remain available until September 30,
2021, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2022: Provided,
That <<NOTE: Contracts.>> the Secretary shall renew all expiring
contracts for permanent supportive housing that initially were funded
under section 854(c)(5) of such Act from funds made available under this
heading in fiscal year 2010 and prior fiscal years that meet all program
requirements before awarding funds for new contracts under such section:
Provided further, That <<NOTE: Notification. Deadline.>> the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act.
community development fund
For carrying out the community development block grant program under
title I of the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.)(``the Act'' herein), $3,425,000,000, to remain
available until September 30, 2022, unless otherwise specified:
Provided, That <<NOTE: Grants.>> unless explicitly provided for under
this heading, not to exceed 20 percent of any grant made with funds
appropriated under this heading shall be expended for planning and
management development and administration: Provided further, That a
metropolitan city, urban county, unit of general local government, or
insular area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any portion of
such funds to another such entity
[[Page 133 STAT. 2988]]
in exchange for any other funds, credits or non-Federal considerations,
but must use such funds for activities eligible under title I of the
Act: Provided further, That <<NOTE: Evaluation.>> notwithstanding
section 105(e)(1) of the Act, no funds provided under this heading may
be provided to a for-profit entity for an economic development project
under section 105(a)(17) unless such project has been evaluated and
selected in accordance with guidelines required under subsection (e)(2):
Provided further, That of the total amount provided under this heading,
$25,000,000 shall be for activities authorized under section 8071 of the
SUPPORT for Patients and Communities Act (Public Law 115-271): Provided
further, That the funds allocated pursuant to the previous proviso shall
not adversely affect the amount of any formula assistance received by a
State under this heading: Provided further, That <<NOTE: Allocation.>>
the Secretary shall allocate the funds for such activities based on the
percentages shown in Table 1 of the Notice establishing the funding
formula published in 84 FR 16027 (April 17, 2019): Provided further,
That <<NOTE: Notification. Deadline.>> the Department shall notify
grantees of their formula allocation within 60 days of enactment of this
Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2020, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: <<NOTE: Fees.>> Provided, That the Secretary shall
collect fees from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for guaranteeing
such loans, and any such fees shall be collected in accordance with
section 502(7) of the Congressional Budget Act of 1974: Provided
further, That such commitment authority funded by fees may be used to
guarantee, or make commitments to guarantee, notes or other obligations
issued by any State on behalf of non-entitlement communities in the
State in accordance with the requirements of such section
108: <<NOTE: Distribution.>> Provided further, That any State
receiving such a guarantee or commitment under the previous proviso
shall distribute all funds subject to such guarantee to the units of
general local government in nonentitlement areas that received the
commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,350,000,000, to remain available until September 30, 2023:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply to allocations of such amount:
Provided further, That <<NOTE: Notification. Deadline.>> the Department
shall notify grantees of their formula allocation within 60 days of
enactment of this Act: Provided further, That section 218(g) of such
Act (42 U.S.C. 12748(g)) shall not apply with respect to the right of a
jurisdiction to draw funds from its HOME Investment Trust Fund that
otherwise expired or would expire in 2016, 2017, 2018, 2019, 2020, 2021,
or 2022 under that section: Provided further,
[[Page 133 STAT. 2989]]
That section 231(b) of such Act (42 U.S.C. 12771(b)) shall not apply to
any uninvested funds that otherwise were deducted or would be deducted
from the line of credit in the participating jurisdiction's HOME
Investment Trust Fund in 2018, 2019, 2020, 2021, or 2022 under that
section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended, $55,000,000, to remain available until
September 30, 2022: Provided, That of the total amount provided under
this heading, $10,000,000 shall be made available to the Self-Help
Homeownership Opportunity Program as authorized under section 11 of the
Housing Opportunity Program Extension Act of 1996, as amended: Provided
further, That of the total amount provided under this heading,
$36,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the total amount provided under
this heading, $5,000,000 shall be made available for capacity building
by national rural housing organizations with experience assessing
national rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits, local
governments, and Indian Tribes serving high need rural communities:
Provided further, That of the total amount provided under this heading,
$4,000,000, shall be made available for a program to rehabilitate and
modify the homes of disabled or low-income veterans, as authorized under
section 1079 of Public Law 113-291: Provided further,
That <<NOTE: Deadline.>> funds provided under the previous proviso
shall be awarded within 180 days of enactment of this Act.
homeless assistance grants
For the Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the Continuum of Care program as authorized under subtitle C of
title IV of such Act; and the Rural Housing Stability Assistance program
as authorized under subtitle D of title IV of such Act $2,777,000,000,
to remain available until September 30, 2022: Provided further, That
not less than $290,000,000 of the funds appropriated under this heading
shall be available for such Emergency Solutions Grants program:
Provided further, That not less than $2,350,000,000 of the funds
appropriated under this heading shall be available for such Continuum of
Care and Rural Housing Stability Assistance programs: Provided further,
That of the amounts <<NOTE: Determination.>> made available under this
heading, up to $50,000,000 shall be made available for grants for rapid
re-housing projects and supportive service projects providing
coordinated entry, and for eligible activities the Secretary determines
to be critical in order to assist survivors of domestic violence, dating
violence, sexual assault, or stalking: Provided further, That such
projects shall be eligible for renewal under the continuum of care
program subject to the same terms and conditions as other renewal
applicants: Provided further, That up to $7,000,000 of the funds
appropriated under this heading shall be available for the national
[[Page 133 STAT. 2990]]
homeless data analysis project: Provided further, That for all match
requirements applicable to funds made available under this heading for
this fiscal year and prior fiscal years, a grantee may use (or could
have used) as a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was) a specific
statutory prohibition on any such use of any such funds: Provided
further, That <<NOTE: Determination.>> none of the funds provided under
this heading shall be available to provide funding for new projects,
except for projects created through reallocation, unless the Secretary
determines that the continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they improve the
continuum of care's system performance: Provided further,
That <<NOTE: Priority.>> the Secretary shall prioritize funding under
the Continuum of Care program to continuums of care that have
demonstrated a capacity to reallocate funding from lower performing
projects to higher performing projects: Provided further,
That <<NOTE: Incentives.>> the Secretary shall provide incentives to
create projects that coordinate with housing providers and healthcare
organizations to provide permanent supportive housing and rapid
rehousing services: Provided further, That any unobligated amounts
remaining from funds appropriated under this heading in fiscal year 2012
and prior years for project-based rental assistance for rehabilitation
projects with 10-year grant terms may be used for purposes under this
heading, notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for Shelter Plus Care
renewals previously funded from the Shelter Plus Care Renewal account
and transferred to this account shall be available, if recaptured, for
Continuum of Care renewals in fiscal year 2020: Provided further,
That <<NOTE: Notification. Deadline.>> the Department shall notify
grantees of their formula allocation from amounts allocated (which may
represent initial or final amounts allocated) for the Emergency
Solutions Grant program within 60 days of enactment of this Act:
Provided further, That up to $80,000,000 of the funds appropriated under
this heading shall be to implement projects to demonstrate how a
comprehensive approach to serving homeless youth, age 24 and under, in
up to 25 communities with a priority for communities with substantial
rural populations in up to eight locations, can dramatically reduce
youth homelessness: Provided further,
That <<NOTE: Data. Coordination.>> of the amount made available under
the previous proviso, up to $10,000,000 shall be available to provide
technical assistance on improving system responses to youth
homelessness, and collection, analysis, use, and reporting of data and
performance measures under the comprehensive approaches to serve
homeless youth, in addition to and in coordination with other technical
assistance funds provided under this title: Provided further, That the
Secretary may use up to 10 percent of the amount made available under
the previous proviso to build the capacity of current technical
assistance providers or to train new technical assistance providers with
verifiable prior experience with systems and programs for youth
experiencing homelessness: Provided further, That amounts made
available for the Continuum of Care program under this heading in this
and prior Acts may be used to competitively or non-competitively renew
or replace grants for youth homeless demonstration projects under the
Continuum of Care program, notwithstanding any conflict with the
requirements of the Continuum of Care program: Provided further, That
youth aged 24 and under seeking assistance under this heading shall
[[Page 133 STAT. 2991]]
not be required to provide third party documentation to establish their
eligibility under 42 U.S.C. 11302(a) or (b) to receive services:
Provided further, That unaccompanied youth aged 24 and under or families
headed by youth aged 24 and under who are living in unsafe situations
may be served by youth-serving providers funded under this heading:
Provided further, That persons eligible under section 103(a)(5) of the
McKinney-Vento Homeless Assistance Act may be served by any project
funded under this heading to provide both transitional housing and rapid
re-housing: Provided further, That when awarding funds under the
Continuum of Care program, the Secretary shall not deviate from the FY
2018 Notice of Funding Availability with respect to the tier 2 funding
process, the Continuum of Care application scoring, and for new
projects, the project quality threshold requirements, except as
otherwise provided under this Act or as necessary to award all available
funds or consider the most recent data from each Continuum of Care.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for,
$12,170,000,000, to remain available until expended, shall be available
on October 1, 2019 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2019),
and $400,000,000, to remain available until expended, shall be available
on October 1, 2020: Provided, That the amounts made available under
this heading shall be available for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-based
subsidy contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal of
section 8 contracts for units in projects that are subject to approved
plans of action under the Emergency Low Income Housing Preservation Act
of 1987 or the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other expenses
associated with project-based activities and assistance funded under
this paragraph: Provided further, That of the total amounts provided
under this heading, not to exceed $345,000,000 shall be available for
performance-based contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That
the Secretary may also use such amounts in the previous proviso for
performance-based contract administrators for the administration of:
interest reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant to
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly under
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project
rental assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez National
Affordable
[[Page 133 STAT. 2992]]
Housing Act (42 U.S.C. 8013(d)(2)); project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public Law 86-
372; 73 Stat. 667); and loans under section 202 of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667): Provided further, That amounts
recaptured under this heading, the heading ``Annual Contributions for
Assisted Housing'', or the heading ``Housing Certificate Fund'', may be
used for renewals of or amendments to section 8 project-based contracts
or for performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated: Provided further,
That, <<NOTE: Determination.>> notwithstanding any other provision of
law, upon the request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a section 8
project-based Housing Assistance Payments contract that authorizes HUD
or a Housing Finance Agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account and that are
in excess of an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to be
available until expended: Provided further, That amounts deposited
pursuant to the previous proviso shall be available in addition to the
amount otherwise provided by this heading for uses authorized under this
heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, for project rental assistance for
the elderly under section 202(c)(2) of such Act, including amendments to
contracts for such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for senior preservation rental
assistance contracts, including renewals, as authorized by section
811(e) of the American Housing and Economic Opportunity Act of 2000, as
amended, and for supportive services associated with the housing,
$793,000,000, to remain available until September 30, 2023: Provided,
That <<NOTE: Grants.>> of the amount provided under this heading, up to
$100,000,000 shall be for service coordinators and the continuation of
existing congregate service grants for residents of assisted housing
projects: Provided further, That amounts under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 projects: Provided
further, That <<NOTE: Waiver authority. Time period.>> the Secretary
may waive the provisions of section 202 governing the terms and
conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That <<NOTE: Determination.>> upon request of the
Secretary, project funds that are held in residual receipts accounts for
any project subject to a section 202 project rental assistance contract,
and that upon termination of such contract are in excess of an amount to
be determined by the Secretary, shall be remitted to the Department and
deposited in this account, to remain available until September 30, 2023:
Provided further, That amounts deposited in this account pursuant to
the previous proviso shall be available, in addition to the amounts
otherwise provided by this heading, for the purposes authorized under
this heading: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
[[Page 133 STAT. 2993]]
appropriated under this heading shall be available for the current
purposes authorized under this heading in addition to the purposes for
which such funds originally were appropriated: Provided further, That
of the total amount <<NOTE: Grants.>> provided under this heading,
$10,000,000 shall be for a program to be established by the Secretary to
make grants to experienced non-profit organizations, States, local
governments, or public housing agencies for safety and functional home
modification repairs to meet the needs of low-income elderly homeowners
to enable them to remain in their primary residence: Provided further,
That of the total amount made available under the previous proviso, no
less than $5,000,000 shall be available to meet such needs in
communities with substantial rural populations: Provided further, That
beneficiaries of the grant assistance provided in the previous two
provisos under this heading in the Department of Housing and Urban
Development Appropriations Act, 2019 (Public Law 116-6) shall be
homeowners.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended, for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667), including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term, for
project rental assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of the
Cranston-Gonzalez National Housing Act, and for supportive services
associated with the housing for persons with disabilities as authorized
by section 811(b)(1) of such Act, $202,000,000, to remain available
until September 30, 2023: Provided, That amounts made available under
this heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
811 projects: Provided further,
That, <<NOTE: Contracts. Determination.>> upon the request of the
Secretary, project funds that are held in residual receipts accounts for
any project subject to a section 811 project rental assistance contract,
and that upon termination of such contract are in excess of an amount to
be determined by the Secretary, shall be remitted to the Department and
deposited in this account, to remain available until September 30, 2023:
Provided further, That amounts deposited in this account pursuant to
the previous proviso shall be available in addition to the amounts
otherwise provided by this heading for the purposes authorized under
this heading: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be used for the current purposes
authorized under this heading in addition to the purposes for which such
funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $53,000,000, to remain available
[[Page 133 STAT. 2994]]
until September 30, 2021, including up to $4,500,000 for administrative
contract services and up to $3,000,000 for the certification of housing
counselors as required under 12 U.S.C. 1701x: Provided, That
grants <<NOTE: Grants. Deadline.>> made available from amounts provided
under this heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for providing
counseling and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial management
or literacy, and such other matters as may be appropriate to assist them
in improving their housing conditions, meeting their financial needs,
and fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor training: Provided
further, That for purposes of providing such grants from amounts
provided under this heading, the Secretary may enter into multiyear
agreements, as appropriate, subject to the availability of annual
appropriations.
rental housing assistance
For amendments to contracts under section 236(f)(2) of the National
Housing Act (12 U.S.C. 1715z-1) in State-aided, noninsured rental
housing projects, $3,000,000, to remain available until expended:
Provided, That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006 from
terminated contracts under such section of law, and any unobligated
balances, including recaptures and carryover, remaining from funds
appropriated under this heading after fiscal year 2005, shall also be
available for extensions of up to one year for expiring contracts under
such section of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $13,000,000, to remain available until expended, of which
$13,000,000 is to be derived from the Manufactured Housing Fees Trust
Fund: Provided, That not to exceed the total amount appropriated under
this heading shall be available from the general fund of the Treasury to
the extent necessary to incur obligations and make expenditures pending
the receipt of collections to the Fund pursuant to section 620 of such
Act: Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections are
received during fiscal year 2020 so as to result in a final fiscal year
2020 appropriation from the general fund estimated at zero, and fees
pursuant to such section 620 shall be modified as necessary to ensure
such a final fiscal year 2020 appropriation: Provided further,
That <<NOTE: Regulations. 42 USC 5419 note.>> the Secretary of Housing
and Urban Development shall issue a final rule to complete rulemaking
initiated by the proposed rule entitled ``Manufactured Housing Program:
Minimum Payments to the States'' published in the Federal Register on
December 16, 2016 (81 Fed. Reg. 91083): Provided further, That for the
dispute resolution and installation programs, the Secretary may assess
and collect fees from any program participant: Provided further, That
such collections shall be deposited into the Fund, and the Secretary, as
provided herein, may use such collections, as well as fees collected
under section 620, for necessary expenses of such Act: Provided
further, That, notwithstanding the
[[Page 133 STAT. 2995]]
requirements of section 620 of such Act, the Secretary may carry out
responsibilities of the Secretary under such Act through the use of
approved service providers that are paid directly by the recipients of
their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2021: Provided, That during fiscal
year 2020, obligations to make direct loans to carry out the purposes of
section 204(g) of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in the previous
proviso shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain available until
September 30, 2021: Provided further, That to the extent guaranteed
loan commitments exceed $200,000,000,000 on or before April 1, 2020, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000:
Provided further, That notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715z-
20(g)), during fiscal year 2020 the Secretary may insure and enter into
new commitments to insure mortgages under section 255 of the National
Housing Act only to the extent that the net credit subsidy cost for such
insurance does not exceed zero: Provided further, That for fiscal year
2020, the Secretary shall not take any action against a lender solely on
the basis of compare ratios that have been adversely affected by
defaults on mortgages secured by properties in areas where a major
disaster was declared in 2017 or 2018 pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$30,000,000,000 in total loan principal, any part of which is to be
guaranteed, to remain available until September 30, 2021: Provided,
That during fiscal year 2020, gross obligations for the principal amount
of direct loans, as authorized by sections 204(g), 207(l), 238, and
519(a) of the National Housing Act, shall not exceed $1,000,000, which
shall be for loans to nonprofit and governmental entities in connection
with the sale of single family real properties owned by the Secretary
and formerly insured under such Act.
[[Page 133 STAT. 2996]]
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $550,000,000,000, to remain available until September
30, 2021: Provided, That $30,500,000, to remain available until
September 30, 2021, shall be for necessary salaries and expenses of the
Office of Government National Mortgage Association: Provided further,
That <<NOTE: Effective date.>> to the extent that guaranteed loan
commitments exceed $155,000,000,000 on or before April 1, 2020, an
additional $100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $3,000,000: Provided further, That receipts from Commitment and
Multiclass fees collected pursuant to title III of the National Housing
Act, as amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $98,000,000, to remain available
until September 30, 2021: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this title,
the Secretary may enter into cooperative agreements with philanthropic
entities, other Federal agencies, State or local governments and their
agencies, Indian tribes, tribally designated housing entities, or
colleges or universities for research projects: Provided further,
That <<NOTE: Contribution.>> with respect to the previous proviso, such
partners to the cooperative agreements must contribute at least a 50
percent match toward the cost of the project: Provided further,
That <<NOTE: Compliance.>> for non-competitive agreements entered into
in accordance with the previous two provisos, the Secretary of Housing
and Urban Development shall comply with section 2(b) of the Federal
Funding Accountability and Transparency Act of 2006 (Public Law 109-282,
31 U.S.C. note) in lieu of compliance with section 102(a)(4)(C) with
respect to documentation of award decisions: Provided further,
That <<NOTE: Plan. Deadline.>> prior to obligation of technical
assistance funding, the Secretary shall submit a plan to the House and
Senate Committees on Appropriations on how it will allocate funding for
this activity at least 30 days prior to obligation: Provided further,
That none of the funds provided under this heading may be available for
the doctoral dissertation research grant program.
[[Page 133 STAT. 2997]]
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$70,300,000, to remain available until September 30, 2021: Provided,
That <<NOTE: Grants. Deadline.>> grants made available from amounts
provided under this heading shall be awarded within 180 days of
enactment of this Act: Provided further, That notwithstanding 31 U.S.C.
3302, the Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to develop on-
line courses and provide such training: Provided further,
That <<NOTE: Lobbying.>> no funds made available under this heading
shall be used to lobby the executive or legislative branches of the
Federal Government in connection with a specific contract, grant, or
loan: Provided further, That of the funds made available under this
heading, $350,000 shall be available to the Secretary of Housing and
Urban Development for the creation and promotion of translated materials
and other programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the Department
of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$290,000,000, to remain available until September 30, 2022, of which
$50,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
which shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, or the Lead Technical Studies program
under this heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That not
less than $95,000,000 of the amounts made available under this heading
for the award of grants pursuant to section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 shall be provided to areas
with the highest lead-based paint abatement needs: Provided further,
That $64,000,000 of the funds appropriated under this heading shall be
for the implementation of projects in not more than ten communities to
demonstrate how intensive, extended, multi-year interventions can
dramatically reduce the presence of lead-based paint hazards in those
communities: Provided further, That each project shall serve no more
[[Page 133 STAT. 2998]]
than four contiguous census tracts in which there are high
concentrations of housing stock built before 1940, in which low-income
families with children make up a significantly higher proportion of the
population as compared to the State average, and that are located in
jurisdictions in which instances of elevated blood lead levels reported
to the State are significantly higher than the State average: Provided
further, That such projects shall be awarded not less than $6,000,000
and not more than $9,000,000: Provided further, That funding awarded
for such projects shall be made available for draw down contingent upon
the grantee meeting cost-savings, productivity, and grant compliance
benchmarks established by the Secretary: Provided further,
That <<NOTE: Contribution. Priority.>> each recipient of funds for such
projects shall contribute an amount not less than 10 percent of the
total award, and that the Secretary shall give priority to applicants
that secure commitments for additional contributions from public and
private sources: Provided further,
That <<NOTE: Eligibility. Requirements.>> grantees currently receiving
grants made under this heading shall be eligible to apply for such
projects, provided that they are deemed to be in compliance with program
requirements established by the Secretary: Provided further, That of
the amount made available for the Healthy Homes Initiative, $5,000,000
shall be for the implementation of projects in up to 5 communities that
are served by both the Healthy Homes Initiative and the Department of
Energy weatherization programs to demonstrate whether the coordination
of Healthy Homes remediation activities with weatherization activities
achieves cost savings and better outcomes in improving the safety and
quality of homes: Provided further,
That <<NOTE: Certification. Notice.>> each applicant shall certify
adequate capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a notice of funding availability:
Provided further, That amounts made available under this heading in this
or prior appropriations Acts, still remaining available, may be used for
any purpose under this heading notwithstanding the purpose for which
such amounts were appropriated if a program competition is
undersubscribed and there are other program competitions under this
heading that are oversubscribed.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and program-
specific information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific information
systems, and for program-related maintenance activities, $280,000,000,
of which $260,000,000 shall remain available until September 30, 2021,
and of which $20,000,000 shall remain available until September 30,
2022: Provided, That any amounts transferred to this Fund under this
Act shall remain available until expended: Provided further, That any
amounts transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts may be used for the purposes specified under
this Fund, in addition to any other information technology purposes for
which such amounts were appropriated: Provided further,
That <<NOTE: Expenditure plan.>> not more than 10 percent of the funds
made available under this heading for development, modernization and
enhancement may be obligated until the Secretary submits to the House
and Senate Committees on Appropriations, for approval, a plan
[[Page 133 STAT. 2999]]
for expenditure that--(A) identifies for each modernization project: (i)
the functional and performance capabilities to be delivered and the
mission benefits to be realized, (ii) the estimated life-cycle cost, and
(iii) key milestones to be met; and (B) demonstrates that each
modernization project is: (i) compliant with the Department's enterprise
architecture, (ii) being managed in accordance with applicable life-
cycle management policies and guidance, (iii) subject to the
Department's capital planning and investment control requirements, and
(iv) supported by an adequately staffed project office.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$128,200,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office:
Provided further, That <<NOTE: Contracts. Audits. 42 USC 3550.>> the
Office of Inspector General shall procure and rely upon the services of
an independent external auditor(s) to audit the fiscal year 2020 and
subsequent financial statements of the Department of Housing and Urban
Development including the financial statements of the Federal Housing
Administration and the Government National Mortgage Association:
Provided further, That in addition to amounts under this heading
otherwise available for the purposes specified in the previous proviso,
$10,000,000 to remain available until September 30, 2021, shall be
available only for such specified purposes.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the Treasury shall
be used by State housing finance agencies or local governments or local
housing agencies with projects approved by the Secretary of Housing and
Urban Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide
project owners with incentives to refinance their project at a lower
interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2020 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
[[Page 133 STAT. 3000]]
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2020 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty operations
of these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United States
Government.
Sec. 207. The <<NOTE: Time period. Reports. Budget.>> Secretary of
Housing and Urban Development shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and activity
within the jurisdiction of the Department and shall submit additional,
updated budget information to these Committees upon request.
Sec. 208. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law, subject to
the conditions listed under this section, for fiscal years 2020 and
2021, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-income
use restrictions if any, associated with one or more multifamily housing
project or projects to another multifamily housing project or projects.
[[Page 133 STAT. 3001]]
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the project
or projects to which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and the
net dollar amount of Federal assistance provided to the
transferring project shall remain the same in the
receiving project or projects.
(B) <<NOTE: Determination.>> For unoccupied units
in the transferring project: The Secretary may authorize
a reduction in the number of dwelling units in the
receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided
there is no increase in the project-based assistance
budget authority.
(2) <<NOTE: Determination.>> The transferring project
shall, as determined by the Secretary, be either physically
obsolete or economically nonviable.
(3) <<NOTE: Standards.>> The receiving project or projects
shall meet or exceed applicable physical standards established
by the Secretary.
(4) <<NOTE: Notification. Consultation. Certification.>>
The owner or mortgagor of the transferring project shall notify
and consult with the tenants residing in the transferring
project and provide a certification of approval by all
appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) <<NOTE: Determination.>> The Secretary determines that
this transfer is in the best interest of the tenants.
(7) <<NOTE: Waiver authority. Determination.>> If either
the transferring project or the receiving project or projects
meets the condition specified in subsection (d)(2)(A), any lien
on the receiving project resulting from additional financing
obtained by the owner shall be subordinate to any FHA-insured
mortgage lien transferred to, or placed on, such project by the
Secretary, except that the Secretary may waive this requirement
upon determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) <<NOTE: Records.>> If the transferring project meets
the requirements of subsection (d)(2), the owner or mortgagor of
the receiving project or projects shall execute and record
either a continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974(2 U.S.C.
[[Page 133 STAT. 3002]]
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) <<NOTE: Definitions.>> For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), as such
section existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s);
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
1);
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
[[Page 133 STAT. 3003]]
(e) <<NOTE: Evaluation.>> Research Report.--The Secretary shall
conduct an evaluation of the transfer authority under this section,
including the effect of such transfers on the operational efficiency,
contract rents, physical and financial conditions, and long-term
preservation of the affected properties.
Sec. 210. (a) No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) <<NOTE: Determination.>> For purposes of determining the
eligibility of a person to receive assistance under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any other
required fees and charges) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
an institution of higher education (as defined under section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age of 23 with
dependent children.
Sec. 211. The <<NOTE: Allocation. Eligibility.>> funds made
available for Native Alaskans under paragraph (1) under the heading
``Native American Programs'' in title II of this Act shall be allocated
to the same Native Alaskan housing block grant recipients that received
funds in fiscal year 2005, and only such recipients shall be eligible to
apply for funds made available under paragraph (3) of such heading.
Sec. 212. Notwithstanding any other provision of law, in fiscal
year 2020, in managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or other Federal programs,
the Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other programs
that are attached to any dwelling units in the property.
To <<NOTE: Determination. Consultation.>> the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent
[[Page 133 STAT. 3004]]
adjustments under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (``MAHRAA'') (42 U.S.C. 1437f note) and
(2) environmental conditions that cannot be remedied in a cost-effective
fashion, the Secretary may, in consultation with the tenants of that
property, contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or provide other
rental assistance. <<NOTE: Contracts. Notification.>> The Secretary
shall also take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
imminent major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other available
remedies, such as partial abatements or receivership. After
disposition <<NOTE: Requirements.>> of any multifamily property
described under this section, the contract and allowable rent levels on
such properties shall be subject to the requirements under section 524
of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400 or fewer
public housing units may elect to be exempt from any asset management
requirement imposed by the Secretary of Housing and Urban Development in
connection with the operating fund rule: Provided, That an agency
seeking a discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management requirements.
Sec. 214. With <<NOTE: 42 USC 1437g note.>> respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits in
any way the use of capital funds for central office costs pursuant to
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may
not use capital funds authorized under section 9(d) for activities that
are eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under section 9(g)(1)
or 9(g)(2).
Sec. 215. No <<NOTE: Determination.>> official or employee of the
Department of Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial Officer has
determined that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures
and directives. The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The <<NOTE: Notification. Public information. Federal
Register, publication. Notice. Web posting. 42 USC 3545a note.>>
Secretary of the Department of Housing and Urban Development shall, for
fiscal year 2020, notify the public through the Federal Register and
other means, as determined appropriate, of the issuance of a notice of
the availability of assistance or notice of funding availability (NOFA)
for any program or discretionary fund administered by the Secretary that
is to be competitively awarded. Notwithstanding any other provision of
[[Page 133 STAT. 3005]]
law, for fiscal year 2020, the Secretary may make the NOFA available
only on the Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as a
separate line item request. <<NOTE: Review. Spending plan.>> No funds
provided in this title may be used to pay any such litigation costs for
attorney fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on Appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office or account: Provided, That no
appropriation <<NOTE: Notification. Approval.>> for any such office or
account shall be increased or decreased by more than 10 percent or
$5,000,000, whichever is less, without prior written approval of the
House and Senate Committees on
Appropriations: <<NOTE: Notification. Deadline.>> Provided further,
That the Secretary shall provide notification to such Committees 3
business days in advance of any such transfers under this section up to
10 percent or $5,000,000, whichever is less.
Sec. 219. (a) <<NOTE: Determination. Compliance.>> Any entity
receiving housing assistance payments shall maintain decent, safe, and
sanitary conditions, as determined by the Secretary of Housing and Urban
Development (in this section referred to as the ``Secretary''), and
comply with any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition of any
property covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) <<NOTE: Certification. Deadline.>> fails to certify in
writing to the Secretary within 3 days that all Exigent Health
and Safety deficiencies identified by the inspector at the
project have been corrected.
Such <<NOTE: Applicability.>> requirements shall apply to insured and
noninsured projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), but do not
apply to such units assisted under section 8(o)(13) (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing Act of 1937
(42 U.S.C. 1437g).
(c)(1) <<NOTE: Deadline. Notice. Determination.>> Within 15 days of
the issuance of the REAC inspection, the Secretary must provide the
owner with a Notice of Default with a specified timetable, determined by
the Secretary, for correcting all deficiencies. <<NOTE: Records.>> The
Secretary must also provide a copy of the Notice of Default to the
tenants, the local government, any mortgagees, and any contract
administrator. If the owner's appeal results in a UPCS score of 60 or
above, the Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
[[Page 133 STAT. 3006]]
(A) require immediate replacement of project
management with a management agent approved by the
Secretary;
(B) impose civil money penalties, which shall be
used solely for the purpose of supporting safe and
sanitary conditions at applicable properties, as
designated by the Secretary, with priority given to the
tenants of the property affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner,
approved by the Secretary under established procedures,
which will be obligated to promptly make all required
repairs and to accept renewal of the assistance contract
as long as such renewal is offered;
(E) transfer the existing section 8 contract to
another project or projects and owner or owners;
(F) pursue exclusionary sanctions, including
suspensions or debarments from Federal programs;
(G) seek judicial appointment of a receiver to
manage the property and cure all project deficiencies or
seek a judicial order of specific performance requiring
the owner to cure all project deficiencies;
(H) work with the owner, lender, or other related
party to stabilize the property in an attempt to
preserve the property through compliance, transfer of
ownership, or an infusion of capital provided by a
third-party that requires time to effectuate; or
(I) take any other regulatory or contractual
remedies available as deemed necessary and appropriate
by the Secretary.
(d) <<NOTE: Contracts. Notice.>> The Secretary shall also take
appropriate steps to ensure that project-based contracts remain in
effect, subject to the exercise of contractual abatement remedies to
assist relocation of tenants for major threats to health and safety
after written notice to the affected
tenants. <<NOTE: Determination. Consultation.>> To the extent the
Secretary determines, in consultation with the tenants and the local
government, that the property is not feasible for continued rental
assistance payments under such section 8 or other programs, based on
consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) <<NOTE: Reports. Time period.>> The Secretary shall report
quarterly on all properties covered by this section that are assessed
through the Real Estate Assessment Center and have UPCS physical
inspection scores of less than 60 or have received an unsatisfactory
management and occupancy review within the past 36 months. The report
shall include--
[[Page 133 STAT. 3007]]
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) <<NOTE: Recommenda- tions.>> any administrative or
legislative recommendations to further improve the living
conditions at properties covered under a housing assistance
payment contract.
This report shall be due to the Senate and House Committees on
Appropriations no later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
Sec. 220. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect to
the tenant-based rental assistance program) and section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any
public housing agency for any amount of salary, including bonuses, for
the chief executive officer of which, or any other official or employee
of which, that exceeds the annual rate of basic pay payable for a
position at level IV of the Executive Schedule at any time during any
public housing agency fiscal year 2020.
Sec. 221. None <<NOTE: Grants. Notification. Deadline.>> of the
funds in this Act provided to the Department of Housing and Urban
Development may be used to make a grant award unless the Secretary
notifies the House and Senate Committees on Appropriations not less than
3 full business days before any project, State, locality, housing
authority, tribe, nonprofit organization, or other entity selected to
receive a grant award is announced by the Department or its offices.
Sec. 222. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 223. None <<NOTE: Mortgages. Eminent domain.>> of the funds
made available in this Act shall be used by the Federal Housing
Administration, the Government National Mortgage Administration, or the
Department of Housing and Urban Development to insure, securitize, or
establish a Federal guarantee of any mortgage or mortgage backed
security that refinances or otherwise replaces a mortgage that has been
subject to eminent domain condemnation or seizure, by a State,
municipality, or any other political subdivision of a State.
Sec. 224. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 225. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available and
may be reobligated in that fiscal year or the subsequent fiscal year for
the research, evaluation, or statistical purposes for which the amounts
are made available
[[Page 133 STAT. 3008]]
to that Office subject to reprogramming requirements in section 405 of
this Act.
Sec. 226. None of the funds provided in this Act or any other act
may be used for awards, including performance, special act, or spot, for
any employee of the Department of Housing and Urban Development subject
to administrative discipline (including suspension from work), in this
fiscal year, but this prohibition shall not be effective prior to the
effective date of any such administrative discipline or after any final
decision over-turning such discipline.
Sec. 227. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113,
section 525 of division H of Public Law 115-31, section 525 of division
H of Public Law 115-141, section 524 of division B of Public Law 115-245
and such authorities as are enacted for Performance Partnership Pilots
in an appropriations Act for fiscal year 2020: Provided, That such
participation shall be limited to no more than 10 continuums of care and
housing activities to improve outcomes for disconnected youth.
Sec. 228. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2020 for
the continuum of care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 229. (a) From amounts made available under this title under the
heading ``Homeless Assistance Grants'', the Secretary may award 1-year
transition grants to recipients of funds for activities under subtitle C
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.)
to transition from one Continuum of Care program component to another.
(b) <<NOTE: Determination.>> In order to be eligible to receive a
transition grant, the funding recipient must have the consent of the
Continuum of Care and meet standards determined by the Secretary.
Sec. 230. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 231. (a) <<NOTE: Grants. Deadline. 42 USC 11364a.>> Amounts
recaptured from funds appropriated for this or any succeeding fiscal
year under the heading ``Department of Housing and Urban Development--
Community Planning and Development--Homeless Assistance Grants'' shall
become available until expended not later than the end of the fifth
fiscal year after the last fiscal year for which such funds are
available and shall be available, in addition to rental assistance
amounts that were recaptured and made available until expended under
such heading by any prior Act, and in addition to such other funds as
may be available for such purposes, for the following purposes:
[[Page 133 STAT. 3009]]
(1) For grants under the Continuum of Care program under
subtitle C of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11381 et seq.);
(2) For grants under the Emergency Solutions Grant program
under subtitle B of title IV of such Act (42 U.S.C. 11371 et
seq.);
(3) Not less than 10 percent of the amounts shall be used
only for grants in rural areas under the Continuum of Care
program, to include activities eligible under the Rural Housing
Stability Assistance program under section 491 of such Act (42
U.S.C. 11408) that are not otherwise eligible under the
Continuum of Care program; and
(4) Not less than 10 percent of the amounts shall be for
emergency solutions grants for disaster areas as authorized by
subsection (c).
(b) <<NOTE: Plan. Approval.>> Prior to the use of any recaptured
amounts referred to in subsection (a), including competing, awarding, or
obligating such amounts, the Secretary shall submit a plan in accordance
with subsection (a) that specifies the planned use of any such amounts
to the Committees on Appropriations of the House of Representatives and
the Senate, and receive prior written approval of such plan, except that
use of amounts in the plan for the purposes specified in subsection
(a)(4) may begin once such plan is submitted to such Committees.
(c)(1) The Secretary may make grants under the Emergency Solutions
Grants program under subtitle B of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11371 et seq.) to States or local
governments to address the needs of homeless individuals or families or
individuals or families at risk of homelessness in areas affected by a
major disaster declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or after
the date of enactment of this Act, whose needs are not otherwise served
or fully met by existing Federal disaster relief programs, including the
Transitional Sheltering Assistance program under such Act (42 U.S.C.
5170b).
(2) For purposes of grants under paragraph (1), the Secretary may
suspend all consultation, citizen participation, and matching
requirements.
Sec. 232. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary of Housing and Urban Development in prior fiscal years,
shall remain in effect in accordance with the terms and conditions of
such agreements.
Sec. 233. None of the funds made available by this Act may be used
to establish and apply review criteria, including rating factors or
preference points, for participation in or coordination with EnVision
Centers, in the evaluation, selection, and award of any funds made
available and requiring competitive selection under this Act, except
with respect to any such funds otherwise authorized for EnVision Center
purposes under this Act.
Sec. 234. (a) <<NOTE: Deadline. Time period. Data.>> The Secretary
of Housing and Urban Development shall make available to grantees under
programs included under the Department's Consolidated Planning Process,
not later than the expiration of the 90-day period beginning on the date
of the enactment of this Act, the prepopulated up-to-date housing and
[[Page 133 STAT. 3010]]
economic data and data for both broadband and resilience assessment
requirements, as referred to in the HUD Response to the third comment
under section III.A. of the Supplementary Information included with the
final rule entitled ``Modernizing HUD's Consolidated Planning Process To
Narrow the Digital Divide and Increase Resilience to Natural Hazards'',
published by the Department of Housing and Urban Development in the
Federal Register on Friday, December 16, 2016 (81 Fed. Reg. 91000).
(b) <<NOTE: Requirement. Deadline. Time period.>> The Secretary of
Housing and Urban Development shall require such grantees to incorporate
the broadband and resilience components into the Consolidated Plan
process not later than the expiration of the 270-day period beginning on
the date of the enactment of this Act.
Sec. 235. None <<NOTE: Contracts.>> of the funds made available by
this or any prior Act may be used to require or enforce any changes to
the terms and conditions of the public housing annual contributions
contract between the Secretary and any public housing agency, as such
contract was in effect as of December 31, 2017, unless such changes are
mutually agreed upon by the Secretary and such agency: Provided, That
such agreement by an agency may be indicated only by a written amendment
to the terms and conditions containing the duly authorized signature of
its chief executive: Provided further, That <<NOTE: Certification.>>
the Secretary may not withhold funds to compel such agreement by an
agency which certifies to its compliance with its contract.
Sec. 236. None <<NOTE: Determination.>> of the amounts made
available in this Act or in the Department of Housing and Urban
Development Appropriations Act, 2019 (Public Law 116-6) may be used to
consider Family Self-Sufficiency performance measures or performance
scores in determining funding awards for programs receiving Family Self-
Sufficiency program coordinator funding provided in this Act or in the
Department of Housing and Urban Development Appropriations Act, 2019
(Public Law 116-6).
Sec. 237. (a) <<NOTE: Rescissions.>> All unobligated balances from
funds appropriated under the heading ``Department of Housing and Urban
Development Public and Indian Housing--Tenant Based Rental Assistance''
in chapter 10 of title I of division B of the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law
110-329) are hereby rescinded.
(b) All unobligated balances from funds appropriated under the
heading ``Department of Housing and Urban Development Public and Indian
Housing--Project-Based Rental Assistance'' in chapter 10 of title I of
division B of the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 324)
(as amended by section 1203 of Public Law 111-32; 123 Stat. 1859) are
hereby rescinded.
Sec. 238. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of (Public Law 114-113) may, upon such
designation, use funds (except for special purpose funding, including
special purpose vouchers) previously allocated to any such public
housing agency under section 8 or 9 of the United States Housing Act of
1937, including any reserve funds held by the public housing agency or
funds held by the Department of Housing and Urban Development, pursuant
to the authority for use of section 8 or 9 funding provided under such
section and section 204 of title II of the Departments of Veterans
Affairs and Housing and Urban Development and Independent Agencies
[[Page 133 STAT. 3011]]
Appropriations Act, 1996 (Public Law 104-134), notwithstanding the
purposes for which such funds were appropriated.
Sec. 239. None of the amounts made available by this Act or by
Public Law 116-6 may be used to prohibit any public housing agency under
receivership or the direction of a Federal monitor from applying for,
receiving, or using funds made available under the heading ``Public
Housing Capital Fund'' for competitive grants to evaluate and reduce
lead-based paint hazards in this Act or that remain available and not
awarded from prior Acts, or be used to prohibit a public housing agency
from using such funds to carry out any required work pursuant to a
settlement agreement, consent decree, voluntary agreement, or similar
document for a violation of the Lead Safe Housing or Lead Disclosure
Rules.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2020''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $9,200,000:
Provided, That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses: Provided further, That of this amount, $800,000
shall be for activities authorized under section 432 of Public Law 115-
254.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C.
5901-5902, $28,000,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $24,274,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
[[Page 133 STAT. 3012]]
1001), by any person or entity that is subject to regulation by the
National Railroad Passenger Corporation: Provided further, That the
Inspector General may enter into contracts and other arrangements for
audits, studies, analyses, and other services with public agencies and
with private persons, subject to the applicable laws and regulations
that govern the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector General may
select, appoint, and employ such officers and employees as may be
necessary for carrying out the functions, powers, and duties of the
Office of Inspector General, subject to the applicable laws and
regulations that govern such selections, appointments, and employment
within the Corporation: Provided further, <<NOTE: Budget
request.>> That concurrent with the President's budget request for
fiscal year 2021, the Inspector General shall submit to the House and
Senate Committees on Appropriations a budget request for fiscal year
2021 in similar format and substance to those submitted by executive
agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to the
National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $157,500,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That an additional $1,000,000, to remain available until
September 30, 2023, shall be for the promotion and development of shared
equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during
[[Page 133 STAT. 3013]]
fiscal year 2020, to result in a final appropriation from the general
fund estimated at no more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $3,800,000, to
remain available until September 30, 2021.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2020, or provided from any
accounts in the Treasury derived by the collection
[[Page 133 STAT. 3014]]
of fees and available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the joint explanatory statement
accompanying this Act, whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations: Provided, That <<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 Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) <<NOTE: Applicability.>> a delineation in the
table for each appropriation and its respective prior
year enacted level by object class and program, project,
and activity as detailed in this Act, the table
accompanying the explanatory statement accompanying this
Act, accompanying reports of the House and Senate
Committee on Appropriations, or in the budget appendix
for the respective appropriations, whichever is more
detailed, and shall apply to all items for which a
dollar amount is specified and to all programs for which
new budget (obligational) authority is provided, as well
as to discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2020 from appropriations made available for salaries and
expenses for fiscal year 2020 in this Act, shall remain available
through September 30, 2021, for each such account for the purposes
authorized: Provided, <<NOTE: Expenditure request.>> That a request
shall be submitted to the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
[[Page 133 STAT. 3015]]
That these requests shall be made in compliance with reprogramming
guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided, That
for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. <<NOTE: Deadline. Time period. Certification.>> No part
of any appropriation contained in this Act shall be available to pay the
salary for any person filling a position, other than a temporary
position, formerly held by an employee who has left to enter the Armed
Forces of the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90 days after
his or her release from such service or from hospitalization continuing
after discharge for a period of not more than 1 year, made application
for restoration to his or her former position and has been certified by
the Office of Personnel Management as still qualified to perform the
duties of his or her former position and has not been restored thereto.
Sec. 410. <<NOTE: Compliance.>> No funds appropriated pursuant to
this Act may be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2 through
4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as
the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the U.S.-
E.U.-Iceland-Norway Air Transport Agreement where such approval would
contravene United States
[[Page 133 STAT. 3016]]
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. <<NOTE: Reports. Time period.>> None of the funds made
available in this Act may be used to send or otherwise pay for the
attendance of more than 50 employees of a single agency or department of
the United States Government, who are stationed in the United States, at
any single international conference unless the relevant Secretary
reports to the House and Senate Committees on Appropriations at least 5
days in advance that such attendance is important to the national
interest: Provided, <<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.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation Board
to charge or collect any filing fee for rate or practice complaints
filed with the Board in an amount in excess of the amount authorized for
district court civil suit filing fees under section 1914 of title 28,
United States Code.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and Urban
Development, or any other Federal agency to lease or purchase new light
duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 417. <<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. 418. <<NOTE: Records.>> (a) None of the funds made available in
this Act may be used to deny an Inspector General funded under this Act
timely access to any records, documents, or other materials available to
the department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
[[Page 133 STAT. 3017]]
(d) <<NOTE: Reports.>> Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any failures to
comply with this requirement.
Sec. 419. <<NOTE: Contracts. Determination.>> None of the funds
appropriated or otherwise made available by this Act may be used to pay
award or incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program unless such awards or
incentive fees are consistent with 16.401(e)(2) of the Federal
Acquisition Regulations.
Sec. 420. <<NOTE: 1 USC 1 note.>> Except as expressly provided
otherwise, any reference to ``this Act'' contained in this division
shall be treated as referring only to the provisions of this division.
Sec. 421. None of the funds made available by this Act may be used
in contravention of section 5309(d)(2) of title 49, United States Code.
Sec. 422. None of the funds made available by this division may be
used to issue rules or guidance in contravention of section 1210 of
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 423. None of the funds made available by this division may be
used in contravention of section 2635.702 of title 5, Code of Federal
Regulations.
Sec. 424. Of the unobligated balances of funds remaining from--
(1) Public Law 91-605, and any other Act, appropriated to
the ``Rail Crossings Demonstration Projects'' account under
Treasury Account Fund Symbol 69X0555, a total of $517,220.20 is
hereby permanently rescinded;
(2) Public Law 92-18, and any other Act, appropriated to the
``Darien Gap Highway'' account under Treasury Account Fund
Symbol 69X0553, a total of $2,037,034.50 is hereby permanently
rescinded;
(3) Public Law 93-87, and any other Act, appropriated to the
``Alaska Highway'' account under Treasury Account Fund Symbol
69X0537, a total of $62,861.61 is hereby permanently rescinded;
(4) Public Law 94-387, and any other Act, appropriated to
the ``Railroad-Highway Crossings Demonstration Projects''
account under Treasury Account Fund Symbol 69X0557, a total of
$2,035,137.12 is hereby permanently rescinded;
(5) Public Law 97-257, and any other Act, appropriated to
the ``Access Highways to Public Recreation Areas on Certain
Lakes'' account under Treasury Account Fund Symbol 69X0503, a
total of $352,333.19 is hereby permanently rescinded;
(6) Public Law 99-190, and any other Act, appropriated to
the ``Highway Beautification'' account under Treasury Account
Fund Symbol 69X0540, a total of $488,909.57 is hereby
permanently rescinded;
(7) Public Law 101-164, and any other Act, appropriated to
the ``Highway Demonstration Projects-Preliminary Engineering''
account under Treasury Account Fund Symbol
[[Page 133 STAT. 3018]]
69X0583, a total of $2,601,431.71 is hereby permanently
rescinded;
(8) Public Law 101-516, and any other Act, appropriated to
the ``Highway Demonstration Projects'' account under Treasury
Account Fund Symbol 69X0598, a total of $1,341 is hereby
permanently rescinded;
(9) Public Law 102-143, and any other Act, appropriated to
the ``Highway Studies Feasibility, Design, Environmental,
Engineering'' account under Treasury Account Fund Symbol
69X0533, a total of $262,204.01 is hereby permanently rescinded;
(10) Public Law 103-331, and any other Act, appropriated to
the ``Surface Transportation Projects'' account under Treasury
Account Fund Symbol 69X0505, a total of $573,097.13 is hereby
permanently rescinded; and
(11) Public Law 107-87, and any other Act, appropriated to
the ``Miscellaneous Highway Project'' account under Treasury
Account Fund Symbol 69X0641, a total of $11,003,637 is hereby
permanently rescinded.
Sec. 425. (a) Section 127(l)(3)(A) of title 23, United States Code,
is amended--
(1) in the matter preceding clause (i), in the first
sentence, by striking ``clause (i) or (ii)'' and inserting
``clauses (i) through (iv)''; and
(2) by adding at the end the following:
``(iii) The Wendell H. Ford (Western Kentucky)
Parkway (to be designated as a spur of Interstate
Route 69) from the interchange with the William H.
Natcher Parkway in Ohio County, Kentucky, west to
the interchange of the Western Kentucky Parkway
with the Edward T. Breathitt (Pennyrile) Parkway.
``(iv) The Edward T. Breathitt (Pennyrile)
Parkway (to be designated as a spur of Interstate
Route 69) from Interstate 24, north to Interstate
69.''.
(b) Designation as High Priority Corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 105 Stat. 2032; 131 Stat. 797) is amended by adding at the end
the following:
``(91) The Wendell H. Ford (Western Kentucky) Parkway from
the interchange with the William H. Natcher Parkway in Ohio
County, Kentucky, west to the interchange of the Western
Kentucky Parkway with the Edward T. Breathitt (Pennyrile)
Parkway.''.
(c) Designation as Future Interstate.--Section 1105(e)(5)(A) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 109 Stat. 597; 131 Stat. 797) is amended in the first sentence
by striking ``and subsection (c)(90)'' and inserting ``subsection
(c)(90), and subsection (c)(91)''.
(d) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 109 Stat. 598; 126 Stat. 426; 131 Stat. 797) is amended by
adding at the end the following: ``The route referred to in subsection
(c)(91) is designated as Interstate Route I-569.''.
(e) Exemption.--Notwithstanding section 111 of title 23, United
States Code, if the segment of highway described in paragraph (91) of
section 1105(c) of the Intermodal Surface Transportation Efficiency Act
of 1991 (Public Law 102-240; 105 Stat. 2032; 131
[[Page 133 STAT. 3019]]
Stat. 797) is designated as a route on the Interstate System, any
commercial establishment operating legally in a rest area on that
segment before the date of that designation may continue to operate in
the Interstate right-of-way, subject to the Interstate access standards
established under section 111 of that title.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2020''.
DIVISION I--EXTENSIONS
TITLE I <<NOTE: Applicabilities.>>
IMMIGRATION EXTENSIONS
Sec. 101. <<NOTE: 8 USC 1324a note.>> Section 401(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) shall be applied by substituting ``September 30, 2020'' for
``September 30, 2015''.
Sec. 102. <<NOTE: 8 USC 1101 note.>> Subclauses
101(a)(27)(C)(ii)(II) and (III) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by
substituting ``September 30, 2020'' for ``September 30, 2015''.
Sec. 103. <<NOTE: 8 USC 1182 note.>> Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C.
1182 note) shall be applied by substituting ``September 30, 2020'' for
``September 30, 2015''.
Sec. 104. <<NOTE: 8 USC 1153 note.>> Section 610(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied
by substituting ``September 30, 2020'' for ``September 30, 2015''.
Sec. 105. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2020 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of aliens
who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation
by not more than the highest number of H-2B nonimmigrants who
participated in the H-2B returning worker program in any fiscal year in
which returning workers were exempt from such numerical limitation.
TITLE II
NATIONAL FLOOD INSURANCE PROGRAM EXTENSION
Sec. 201. <<NOTE: Applicability. 42 USC 4026 note.>> Sections
1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C.
4016(a) and 4026) shall be applied by substituting ``September 30,
2020'' for ``September 30, 2019''.
[[Page 133 STAT. 3020]]
TITLE III--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION
EXTENSION
SEC. 301. EXTENSION OF THE SECURE RURAL SCHOOLS AND COMMUNITY
SELF-DETERMINATION ACT OF 2000.
(a) Secure Payments for States and Counties Containing Federal
Land.--
(1) Secure payments.--Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7111) is amended, in subsections (a) and (b), by striking ``and
2018'' each place it appears and inserting ``2018, 2019, and
2020''.
(2) Payments to states and counties.--
(A) Election to receive payment amount.--Section
102(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(b)) is
amended--
(i) in paragraph (1)(D)--
(I) in the subparagraph heading, by
striking ``for fiscal years 2017 and
2018'' and inserting ``for each of
fiscal years 2017 through 2020''; and
(II) by striking ``for fiscal years
2017 or 2018'' and inserting ``for each
of fiscal years 2017 through 2020''; and
(ii) in paragraph (2), in subparagraphs (A)
and (B), by striking ``for fiscal years 2017 and
2018'' each place it appears and inserting ``for
each of fiscal years 2017 through 2020''.
(B) Expenditure rules for eligible counties.--
Section 102(d) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7112(d)) is
amended--
(i) in paragraph (1)(F)--
(I) in the subparagraph heading, by
striking ``for fiscal years 2017 and
2018'' and inserting ``for each of
fiscal years 2017 through 2020''; and
(II) by striking ``for fiscal years
2017 and 2018'' and inserting ``for each
of fiscal years 2017 through 2020''; and
(ii) in paragraph (3)(D)--
(I) in the subparagraph heading, by
striking ``for fiscal years 2017 and
2018'' and inserting ``for each of
fiscal years 2017 through 2020''; and
(II) by striking ``for fiscal years
2017 and 2018'' and inserting ``for each
of fiscal years 2017 through 2020''.
(C) Distribution of payments to eligible counties.--
Section 103(d)(2) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7113(d)(2)) is amended by striking ``through and for
fiscal
[[Page 133 STAT. 3021]]
years 2017 and 2018'' and inserting ``through 2015 and
for each of fiscal years 2017 through 2020''.
(b) Extension of Authority To Conduct Special Projects on Federal
Land.--
(1) Existing advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``September
29, 2018'' each place it appears and inserting ``December 20,
2021''.
(2) Termination of authority.--Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7128) is amended--
(A) in subsection (a), by striking ``2020'' and
inserting ``2022''; and
(B) in subsection (b), by striking ``2021'' and
inserting ``2023''.
(c) Extension of Authority To Expend County Funds.--Section 304 of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7144) is amended--
(1) in subsection (a), by striking ``2020'' and inserting
``2022''; and
(2) in subsection (b), by striking ``2021'' and inserting
``2023''.
TITLE IV--EXPORT-IMPORT BANK EXTENSION
SEC. 401. AUTHORIZATION PERIOD.
(a) In General.--Section 7 of the Export-Import Bank Act of 1945 (12
U.S.C. 635f) is amended by striking ``September 30, 2019'' and inserting
``December 31, 2026''.
(b) Exposure Limit.--Section 6(a)(2) of such Act (12 U.S.C.
635e(a)(2)) is amended by striking ``for each of fiscal years 2015
through 2019'' and inserting ``for each of fiscal years 2020 through
2027''.
SEC. 402. PROGRAM ON CHINA AND TRANSFORMATIONAL EXPORTS.
(a) In General.--Section 2 of the Export-Import Bank Act of 1945 (12
U.S.C. 635) is amended by adding at the end the following:
``(l) Program on China and Transformational Exports.--
``(1) In general.--The Bank shall establish a Program on
China and Transformational Exports to support the extension of
loans, guarantees, and insurance, at rates and on terms and
other conditions, to the extent practicable, that are fully
competitive with rates, terms, and other conditions established
by the People's Republic of China or by a covered country, that
aim to--
``(A) directly neutralize export subsidies for
competing goods and services financed by official export
credit, tied aid, or blended financing provided by the
People's Republic of China or by a covered country; or
``(B) advance the comparative leadership of the
United States with respect to the People's Republic of
China, or
[[Page 133 STAT. 3022]]
support United States innovation, employment, and
technological standards, through direct exports in any
of the following areas:
``(i) Artificial intelligence.
``(ii) Biotechnology.
``(iii) Biomedical sciences.
``(iv) Wireless communications equipment
(including 5G or subsequent wireless
technologies).
``(v) Quantum computing.
``(vi) Renewable energy, energy efficiency,
and energy storage.
``(vii) Semiconductor and semiconductor
machinery manufacturing.
``(viii) Emerging financial technologies,
including technologies that facilitate--
``(I) financial inclusion through
increased access to capital and
financial services;
``(II) data security and privacy;
``(III) payments, the transfer of
funds, and associated messaging
services; and
``(IV) efforts to combat money
laundering and the financing of
terrorism.
``(ix) Water treatment and sanitation,
including technologies and infrastructure to
reduce contaminants and improve water quality.
``(x) High performance computing.
``(xi) Associated services necessary for use
of any of the foregoing exports.
``(2) <<NOTE: Definition.>> Covered countries.--In this
subsection, the term `covered country' means any country that--
``(A) the Secretary of the Treasury designates as a
covered country in a report to the Committee on
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Development
of the Senate;
``(B) is not a participant in the Arrangement on
Officially Supported Export Credits of the Organization
for Economic Cooperation and Development (in this
subsection referred to as the `Arrangement'); and
``(C) is not in substantial compliance with the
financial terms and conditions of the Arrangement.
``(3) Financing.--
``(A) In general.--It shall be a goal of the Bank to
reserve not less than 20 percent of the applicable
amount (as defined in section 6(a)(2)) for support made
pursuant to the Program on China and Transformational
Exports.
``(B) Exception.--The Secretary of the Treasury may
reduce or eliminate the 20 percent goal in subparagraph
(A), on reporting to the Committee on Financial Services
of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate that
the People's Republic of China is in substantial
compliance with--
``(i) the financial terms and conditions of
the Arrangement; and
``(ii) the rules and principles of the Paris
Club.
[[Page 133 STAT. 3023]]
``(C) Sunset and report.--The program established
under paragraph (1) shall expire on December 31, 2026.
Not later than 4 years after enactment of this
subsection, the President of the Bank shall submit a
report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate assessing the
following:
``(i) The capacity and demand of United States
entities to export goods and services in the areas
described in paragraph (1)(B), as assessed in
consultation with the Secretary of Commerce.
``(ii) The availability of private-sector
financing for exports in the areas.
``(iii) The feasibility and advisability of
continuing the goal of subparagraph (A) of this
paragraph with respect to paragraph (1)(B) after
December 31, 2026.
``(D) National advisory council on international
monetary and financial problems.--The National Advisory
Council on International Monetary and Financial Problems
shall ensure that Bank authorizations pursuant to the
Program on China and Transformational Exports are
considered or reviewed expeditiously, consistent with
the other credit standards required by law.''.
(b) Required Reporting.--Section 8 of such Act (12 U.S.C. 635g) is
amended by adding at the end the following:
``(l) Report on Authorizations Under the Pro- Gram on China and
Transformational Exports.--The Bank shall include in its annual report
to Congress under subsection (a) a narrative and financial summary of
the authorizations made under the Program on China and Transformational
Exports.''.
(c) <<NOTE: 12 USC 635 note.>> Rule of Construction.--Nothing in
section 2(l)(1)(B) of the Export-Import Bank Act of 1945 shall be
construed to weaken any export controls affecting critical technologies
(as defined in section 721(a)(6)(A) of the Defense Production Act of
1950 (50 U.S.C. 4565(a)(6)(A))).
SEC. 403. SMALL BUSINESS POLICY.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is amended by striking subparagraph (E)(i)(I) and inserting
the following:
``(E)(i)(I) It is further the policy of the United States to
encourage the participation of small business (including women-owned
businesses, minority-owned businesses, veteran-owned businesses,
businesses owned by persons with disabilities, and businesses in rural
areas) and start-up businesses in international commerce, and to educate
such businesses about how to export goods using the Bank.''.
SEC. 404. INCREASE IN SMALL BUSINESS THRESHOLD.
(a) In General.--Section 2(b)(1)(E)(v) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``25'' and
inserting ``30''.
(b) <<NOTE: 12 USC 635 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on January 1, 2021.
[[Page 133 STAT. 3024]]
SEC. 405. EXCLUSION OF UNUTILIZED INSURANCE AUTHORITY IN
CALCULATING SMALL BUSINESS THRESHOLD.
Section 2(b)(1)(E)(v) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(1)(E)(v)) is amended by adding at the end the following:
``For the purpose of calculating the amounts of authority required under
this clause, the Bank shall, with respect to insurance, exclude
unutilized authorizations that terminated during the fiscal year.''.
SEC. 406. ANTI-FRAUD REFORMS.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is
amended--
(1) in subsection (f), by striking the period and inserting:
``, and shall deny an application for assistance if the end
user, borrower, lender, or exporter has been convicted of an act
of fraud or corruption in connection with an application for
support from the Bank made in the preceding 5 years. The Bank
may proceed with an application described in this subsection
only if an end user, borrower, lender, or exporter can be fully
excluded from the transaction.''; and
(2) in subsection (i), by striking ``should require'' and
inserting ``shall require''.
SEC. 407. FINANCING FOR RENEWABLE ENERGY, ENERGY EFFICIENCY, AND
ENERGY STORAGE TECHNOLOGIES.
Section 2(b)(1)(K) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(K)) is amended by inserting ``, energy efficiency (including
battery electric vehicles, batteries for electric vehicles, and electric
vehicle charging infrastructure), and energy storage. It shall be a goal
of the Bank to ensure that not less than 5 percent of the applicable
amount (as defined in section 6(a)(2)) is made available each fiscal
year for the financing of renewable energy, energy efficiency (including
battery electric vehicles, batteries for electric vehicles, and electric
vehicle charging infrastructure), and energy storage technology
exports'' before the period.
SEC. 408. <<NOTE: 12 USC 635 note.>> REPORTING ON FINANCING
RELATED TO CHINA.
(a) National Interest Report.--Before authorizing a loan or
guarantee for a transaction in an amount greater than $25,000,000 for
which the end user, lender, or obligor is the government of China, the
President of the Export-Import Bank of the United States (in this
section referred to as the ``Bank'') shall--
(1) report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate that the Bank has consulted with
the Secretary of State and any other relevant department or
agency, as deemed appropriate by the President of the United
States, to assess any risks posed by the entity or the
transaction to the national interest of the United States; and
(2) <<NOTE: Summary.>> include a summary of the transaction
and the consultation.
(b) Form of Report.--The report described in subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(c) Related Policies.--
(1) The Board of Directors of the Bank shall prescribe
policies for the Bank with respect to--
[[Page 133 STAT. 3025]]
(A) <<NOTE: Procedures.>> procedures required by
the consultation described in subsection (a)(1);
(B) <<NOTE: Time period.>> establishment of a
period of not less than 25 days to complete the
consultations described in subsection (a) during which
time consulted parties may submit any appropriate
information to the Bank; and
(C) <<NOTE: Assessment. Determination.>> efforts by
the Bank to assess and determine ownership or control by
the government of China pursuant to the requirements of
subsection (a).
(2) <<NOTE: Consultations.>> In prescribing the policies
described under paragraph (1) of this subsection, the Board of
Directors of the Bank shall--
(A) consult with the Secretary of State with respect
to the procedures referred to in subparagraphs (A) and
(B) of paragraph (1) of this subsection, and seek to
ensure that the procedures--
(i) are consistent, wherever appropriate, with
national interest determinations made under
section 2(b)(1)(B) of the Export-Import Bank Act
of 1945; and
(ii) <<NOTE: Coordination.>> include
coordination between the Secretary of State and
the Director of National Intelligence, wherever
appropriate; and
(B) consult with the Secretary of the Treasury with
respect to the efforts described in paragraph (1)(C) of
this subsection.
(d) Definition.--For the purposes of this section, the term
``government of China'' means any person that the Bank has reason to
believe is--
(1) the state and the government of China, as well as any
political subdivision, agency, or instrumentality thereof;
(2) any entity controlled, directly or indirectly, by any of
the foregoing, including any partnership, association, or other
entity in which any of the foregoing owns a 50 percent or
greater interest or a controlling interest, and any entity which
is otherwise controlled by any of the foregoing;
(3) any person that is or has been acting or purporting to
act, directly or indirectly, for or on behalf of any of the
foregoing; and
(4) any other person which the Secretary of the Treasury has
notified the Bank is included in any of the foregoing.
(e) Sunset.--This section shall have no force or effect on the
earlier of---
(1) December 31, 2026; or
(2) the date that is 30 days after the date that the
President of the United States reports to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
that China is in substantial compliance with--
(A) the financial terms and conditions of the
Arrangement on Officially Supported Export Credits of
the Organization for Economic Cooperation and
Development; and
(B) the rules and principles of the Paris Club.
SEC. 409. ALTERNATIVE PROCEDURES DURING QUORUM LAPSE.
(a) In General.--Section 3(c)(6) of the Export-Import Bank Act of
1945 (12 U.S.C. 635a(c)(6)) is amended--
(1) by inserting ``(A)'' after ``(6)''; and
[[Page 133 STAT. 3026]]
(2) by adding at the end the following:
``(B)(i) <<NOTE: Time period.>> If there is an insufficient number
of directors to constitute a quorum under subparagraph (A) for 120
consecutive days during the term of a President of the United States, a
temporary Board, consisting of the following members, shall act in the
stead of the Board of Directors:
``(I) The United States Trade Representative.
``(II) The Secretary of the Treasury.
``(III) The Secretary of Commerce.
``(IV) The members of the Board of Directors.
``(ii) If, at a meeting of the temporary Board--
``(I) a member referred to in clause (i)(IV) is present, the
meeting shall be chaired by such a member, consistent with Bank
bylaws; or
``(II) no such member is present, the meeting shall be
chaired by the United States Trade Representative.
``(iii) A member described in subclause (I), (II), or (III) of
clause (i) may delegate the authority of the member to vote on whether
to authorize a transaction, whose value does not exceed $100,000,000,
to--
``(I) if the member is the United States Trade
Representative, the Deputy United States Trade Representative;
or
``(II) if the member is referred to in such subclause (II)
or (III), the Deputy Secretary of the department referred to in
the subclause.
``(iv) <<NOTE: President.>> If the temporary Board consists of
members of only one political party, the President of the United States
shall, to the extent practicable, appoint to the temporary Board a
qualified member of a different political party who occupies a position
requiring nomination by the President, by and with the consent of the
Senate.
``(v) The temporary board may not change or amend Bank policies,
procedures, bylaws, or guidelines.
``(vi) <<NOTE: Expiration date.>> The temporary Board shall expire
at the end of the term of the President of the United States in office
at the time the temporary Board was constituted or upon restoration of a
quorum of the Board of Directors as defined in subparagraph (A).
``(vii) With respect to a transaction that equals or exceeds
$100,000,000, the Chairperson of the temporary Board shall ensure that
the Bank complies with section 2(b)(3).''.
(b) <<NOTE: 12 USC 635a note.>> Termination.--The amendments made
by subsection (a) shall have no force or effect after December 31, 2026.
TITLE <<NOTE: Terrorism Risk Insurance Program Reauthorization Act of
2019.>> V--TERRORISM RISK INSURANCE PROGRAM EXTENSION
SEC. 501. <<NOTE: 15 USC 6701 note.>> SHORT TITLE.
This title may be cited as the ``Terrorism Risk Insurance Program
Reauthorization Act of 2019''.
SEC. 502. 7-YEAR EXTENSION OF TERRORISM RISK INSURANCE PROGRAM.
(a) Termination Date.--Section 108(a) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking
``2020'' and inserting ``2027''.
[[Page 133 STAT. 3027]]
(b) Timing of Mandatory Recoupment.--Section 103(e)(7)(E)(i) of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) in subclause (I)--
(A) by striking ``2017'' and inserting ``2022''; and
(B) by striking ``2019'' and inserting ``2024'';
(2) in subclause (II)--
(A) by striking ``2018'' and inserting ``2023'';
(B) by striking ``2024'' and inserting ``2029''; and
(C) by striking ``2019'' and inserting ``2024''; and
(3) in subclause (III)--
(A) by striking ``2024'' and inserting ``2029''; and
(B) by striking ``2019'' and inserting ``2024''.
(c) Ongoing Reports Regarding Market Conditions for Terrorism Risk
Insurance.--Paragraph (2) of section 104(h) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) <<NOTE: Evaluation. Analysis.>> an evaluation
of the availability and affordability of terrorism risk
insurance, which shall include an analysis of such
availability and affordability specifically for places
of worship;''.
(d) Study and Report on Cyber Terrorism.--Not later than the
expiration of the 180-day period beginning on the date of the enactment
of this Act, the Comptroller General of the United States shall conduct
a study and report to the Committee on Financial Services of the House
of Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate, which shall--
(1) <<NOTE: Analysis.>> analyze and address--
(A) overall vulnerabilities and potential costs of
cyber attacks to the United States public and private
infrastructure that could result in physical or digital
damage;
(B) whether State-defined cyber liability under a
property and casualty line of insurance is adequate
coverage for an act of cyber terrorism;
(C) whether such risks can be adequately priced by
the private market; and
(D) whether the current risk-share system under the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701
note) is appropriate for a cyber terrorism event; and
(2) <<NOTE: Recommenda-tion.>> set forth recommendations on
how Congress could amend the Terrorism Risk Insurance Act of
2002 (15 U.S.C. 6701 note) to meet the next generation of cyber
threats.
TITLE <<NOTE: NASA Enhanced Use Leasing Extension Act of 2019.>> VI--
NASA ENHANCED USE LEASING EXTENSION
SEC. 601. <<NOTE: 51 USC 10101 note.>> SHORT TITLE.
This title may be cited as the ``NASA Enhanced Use Leasing Extension
Act of 2019''.
[[Page 133 STAT. 3028]]
SEC. 602. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF NON-
EXCESS PROPERTY OF THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION.
Section 20145(g) of title 51, United States Code, is amended, in the
first sentence, by striking ``December 31, 2019'' and inserting
``December 31, 2021''.
TITLE VII--INKSNA EXTENSION
SEC. 701. EXEMPTION FROM THE IRAN, NORTH KOREA, AND SYRIA
NONPROLIFERATION ACT.
Section 7(1) of the Iran, North Korea, and Syria Nonproliferation
Act (Public Law 106-178; 50 U.S.C. 1701 note) is amended, in the
undesignated matter following subparagraph (B), by striking ``December
31, 2020'' and inserting ``December 31, 2025''.
TITLE <<NOTE: Brand USA Extension Act.>> VIII--BRAND USA EXTENSION
SEC. <<NOTE: 22 USC 2121 note.>> 801. SHORT TITLE.
This title may be cited as the ``Brand USA Extension Act''.
SEC. 802. THE CORPORATION FOR TRAVEL PROMOTION.
Subsection (b) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(b)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (ii), by inserting ``or foodservice''
after ``restaurant'';
(B) in clause (v), by inserting ``, such as outdoor
recreation'' before the semicolon at the end; and
(C) in clause (viii), by inserting ``commercial or
private'' before ``passenger air sector'';
(2) in paragraph (5)(A)--
(A) in clause (iii), by inserting ``speaking
conventions, sales missions,'' after ``trade shows,'';
(B) in clause (iv), by striking ``and'' at the end;
(C) in clause (v), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(vi) to promote tourism to the United States
through digital media, online platforms, and other
appropriate medium.''; and
(3) in paragraph (7)(C), by striking ``3 days'' and
inserting ``5 days''.
SEC. 803. ACCOUNTABILITY MEASURES.
Subsection (c) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(c)) is amended--
(1) in paragraph (2), by striking ``$500,000'' and inserting
``$450,000''; and
(2) in paragraph (3)--
(A) by redesignating subparagraph (I) as
subparagraph (K);
(B) in subparagraph (H)(iii), by striking ``and'' at
the end; and
(C) by inserting after subparagraph (H)(iii) the
following:
[[Page 133 STAT. 3029]]
``(I) a list of countries the Corporation identifies
as emerging markets for tourism to the United States;
``(J) a description of the efforts the Corporation
has made to promote tourism to rural areas of the United
States; and''.
SEC. 804. EXTENSION OF FUNDING FOR BRAND USA.
Subsection (d) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(d)) is amended--
(1) in paragraph (2)(B), by striking ``2020'' and inserting
``2027'';
(2) in paragraph (3)(B)(ii), by striking ``70 percent'' and
inserting ``50 percent''; and
(3) in paragraph (4)(B), by striking ``2020'' and inserting
``2027''.
SEC. 805. PERFORMANCE PLAN.
Not <<NOTE: Deadline. Public information. Web posting.>> later than
90 days after the date of the enactment of this Act, the Corporation for
Travel Promotion shall make the performance metrics established pursuant
to subsection (f)(1)(A) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(f)(1)(A)) publicly available on the website of the Corporation.
SEC. 806. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION FEE INCREASE.
Section 217(h)(3)(B)(i)(I) of the Immigration and Nationality Act (8
U.S.C. 1187(h)(3)(B)(i)(I)) is amended by striking ``$10'' and inserting
``$17''.
TITLE IX--DC OPPORTUNITY SCHOLARSHIP EXTENSIONS
SEC. 901. SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS.
(a) Section 3014(a) of the Scholarships for Opportunity and Results
Act (sec. 38-1853.14, D.C. Official Code) is amended by striking
``through fiscal year 2019'' and inserting ``through fiscal year 2023''.
(b) <<NOTE: Effective date.>> The amendment made by subsection (a)
shall take effect on September 30, 2019.
TITLE X--BUDGETARY EFFECTS
SEC. 1001. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this division
and each succeeding division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71 (115th
Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the
[[Page 133 STAT. 3030]]
Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary
effects of this division and each succeeding division shall not be
estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION J--FOREIGN POLICY
TITLE <<NOTE: Venezuela Emergency Relief, Democracy Assistance, and
Development Act of 2019. 22 USC 9701 note.>> I--VENEZUELA ASSISTANCE
SEC. 101. SHORT TITLES.
This title may be cited as the ``Venezuela Emergency Relief,
Democracy Assistance, and Development Act of 2019'' or the ``VERDAD Act
of 2019''.
Subtitle A--Support for the Interim President of Venezuela and
Recognition of the Venezuelan National Assembly
SEC. 111. <<NOTE: 22 USC 9701.>> FINDINGS; SENSE OF CONGRESS IN
SUPPORT OF THE INTERIM PRESIDENT OF
VENEZUELA.
(a) Findings.--Congress makes the following findings:
(1) Venezuela's electoral event on May 20, 2018 was
characterized by widespread fraud and did not comply with
international standards for a free, fair, and transparent
electoral process.
(2) Given the fraudulent nature of Venezuela's May 20, 2018
electoral event, Nicolas Maduro's tenure as President of
Venezuela ended on January 10, 2019.
(3) The National Assembly of Venezuela approved a resolution
on January 15, 2019 that terminated Nicolas Maduro's authority
as the President of Venezuela.
(4) On January 23, 2019, the President of the National
Assembly of Venezuela was sworn in as the Interim President of
Venezuela.
(b) Sense of Congress.--It is the sense of Congress--
(1) to support the decisions by the United States
Government, more than 50 governments around the world, the
Organization of American States, the Inter-American Development
Bank, and the European Parliament to recognize National Assembly
President Juan Guaido as the Interim President of Venezuela;
(2) to encourage the Interim President of Venezuela to
advance efforts to hold democratic presidential elections in the
shortest possible period; and
(3) that the Organization of American States, with support
from the United States Government and partner governments,
should provide diplomatic, technical, and financial support for
a new presidential election in Venezuela that complies with
international standards for a free, fair, and transparent
electoral process.
[[Page 133 STAT. 3031]]
SEC. 112. <<NOTE: 22 USC 9702.>> RECOGNITION OF VENEZUELA'S
DEMOCRATICALLY ELECTED NATIONAL ASSEMBLY.
(a) Findings.--Congress finds that Venezuela's unicameral National
Assembly convened on January 6, 2016, following democratic elections
that were held on December 6, 2015.
(b) Sense of Congress.--It is the sense of Congress that Venezuela's
democratically elected National Assembly is the only national level
democratic institution remaining in the country.
(c) Policy.--It is the policy of the United States to recognize the
democratically elected National Assembly of Venezuela as the only
legitimate national legislative body in Venezuela.
(d) <<NOTE: Coordination.>> Assistance to Venezuela's National
Assembly.--The Secretary of State, in coordination with the
Administrator of the United States Agency for International Development,
shall prioritize efforts to provide technical assistance to support the
democratically elected National Assembly of Venezuela in accordance with
section 143.
SEC. 113. <<NOTE: 22 USC 9703.>> ADVANCING A NEGOTIATED SOLUTION
TO VENEZUELA'S CRISIS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) direct, credible negotiations led by the Interim
President of Venezuela and members of Venezuela's democratically
elected National Assembly--
(A) are supported by stakeholders in the
international community that have recognized the Interim
President of Venezuela;
(B) include the input and interests of Venezuelan
civil society; and
(C) represent the best opportunity to reach a
solution to the Venezuelan crisis that includes--
(i) holding a new presidential election that
complies with international standards for a free,
fair, and transparent electoral process;
(ii) ending Nicolas Maduro's usurpation of
presidential authorities;
(iii) restoring democracy and the rule of law;
(iv) freeing political prisoners; and
(v) facilitating the delivery of humanitarian
aid;
(2) dialogue between the Maduro regime and representatives
of the political opposition that commenced in October 2017, and
were supported by the Governments of Mexico, of Chile, of
Bolivia, and of Nicaragua, did not result in an agreement
because the Maduro regime failed to credibly participate in the
process; and
(3) negotiations between the Maduro regime and
representatives of the political opposition that commenced in
October 2016, and were supported by the Vatican, did not result
in an agreement because the Maduro regime failed to credibly
participate in the process.
(b) Policy.--It is the policy of the United States to support
diplomatic engagement in order to advance a negotiated and peaceful
solution to Venezuela's political, economic, and humanitarian crisis
that is described in subsection (a)(1).
[[Page 133 STAT. 3032]]
Subtitle B--Humanitarian Relief for Venezuela
SEC. 121. <<NOTE: 22 USC 9711.>> HUMANITARIAN RELIEF FOR THE
VENEZUELAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should expand efforts to
peacefully address Venezuela's humanitarian crisis; and
(2) humanitarian assistance--
(A) should be targeted toward those most in need and
delivered through partners that uphold internationally
recognized humanitarian principles; and
(B) should not be passed through the control or
distribution mechanisms of the Maduro regime.
(b) Humanitarian Relief.--
(1) <<NOTE: Coordination.>> In general.--The Secretary of
State, in coordination with the Administrator of the United
States Agency for International Development, shall provide--
(A) humanitarian assistance to individuals and
communities in Venezuela, including--
(i) public health commodities and services,
including medicines and basic medical supplies and
equipment;
(ii) basic food commodities and nutritional
supplements needed to address growing malnutrition
and improve food security for the people of
Venezuela, with a specific emphasis on the most
vulnerable populations; and
(iii) technical assistance to ensure that
health and food commodities are appropriately
selected, procured, targeted, and distributed; and
(B) Venezuelans and hosting communities, as
appropriate, in neighboring countries with humanitarian
aid, such as--
(i) urgently needed health and nutritional
assistance, including logistical and technical
assistance to hospitals and health centers in
affected communities;
(ii) food assistance for vulnerable
individuals, including assistance to improve food
security for affected communities; and
(iii) hygiene supplies and sanitation
services.
(2) Aid to venezuelans in neighboring countries.--The aid
described in paragraph (1)(B)--
(A) may be provided--
(i) directly to Venezuelans in neighboring
countries, including countries of the Caribbean;
or
(ii) indirectly through the communities in
which the Venezuelans reside; and
(B) should focus on the most vulnerable Venezuelans
in neighboring countries.
(c) <<NOTE: Deadline. Time period.>> Humanitarian Assistance
Strategy Update.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International Development,
shall submit, to the appropriate congressional committees, an update to
the Venezuela humanitarian assistance strategy described in the
conference
[[Page 133 STAT. 3033]]
report accompanying the Consolidated Appropriations Act (Public Law 116-
6), to cover a 2-year period and include--
(1) a description of the United States humanitarian
assistance provided under this section;
(2) a description of United States diplomatic efforts to
ensure support from international donors, including regional
partners in Latin America and the Caribbean, for the provision
of humanitarian assistance to the people of Venezuela;
(3) the identification of governments that are willing to
provide financial and technical assistance for the provision of
such humanitarian assistance to the people of Venezuela and a
description of such assistance; and
(4) the identification of the financial and technical
assistance to be provided by multilateral institutions,
including the United Nations humanitarian agencies, the Pan
American Health Organization, the Inter-American Development
Bank, and the World Bank, and a description of such assistance.
(d) <<NOTE: Consultation. Coordination.>> Diplomatic Engagement.--
The Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall work with
relevant foreign governments and multilateral organizations to
coordinate a donors summit and carry out diplomatic engagement to
advance the strategy required under subsection (c).
(e) Authorization of Appropriations.--There is authorized to be
appropriated $400,000,000 for fiscal year 2020 to carry out the
activities set forth in subsection (b).
(f) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 122. <<NOTE: 22 USC 9712.>> SUPPORT FOR EFFORTS AT THE
UNITED NATIONS ON THE HUMANITARIAN CRISIS
IN VENEZUELA.
(a) Sense of Congress.--It is the sense of Congress that the United
Nations humanitarian agencies should conduct and publish independent
assessments of the humanitarian situation in Venezuela, including--
(1) the extent and impact of the shortages of food,
medicine, and medical supplies in Venezuela;
(2) basic health indicators in Venezuela, such as maternal
and child mortality rates and the prevalence and treatment of
communicable diseases; and
(3) the efforts needed to resolve the shortages identified
in paragraph (1) and to improve the health indicators referred
to in paragraph (2).
(b) <<NOTE: President.>> United Nations Resident Coordinator.--The
President should instruct the Permanent Representative to the United
Nations to use the voice, vote, and influence of the United States at
the United Nations to support the efforts of the Resident Coordinator
for Venezuela in a manner that--
(1) contributes to Venezuela's long-term recovery; and
(2) advances humanitarian efforts in Venezuela and for
Venezuelans residing in neighboring countries.
[[Page 133 STAT. 3034]]
SEC. 123. <<NOTE: Humanitarian Assistance to the Venezuelan People
Act of 2019.>> COORDINATION AND
DISTRIBUTION OF HUMANITARIAN ASSISTANCE TO
THE PEOPLE OF VENEZUELA.
(a) Short Title.--This section may be cited as the ``Humanitarian
Assistance to the Venezuelan People Act of 2019''.
(b) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
(c) Report on the Coordination and Distribution of Humanitarian
Assistance to the People of Venezuela Including Strategy on Future
Efforts.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development, shall submit a report to the
appropriate congressional committees that evaluates the delivery
and coordination of humanitarian assistance to the people of
Venezuela since the onset of the humanitarian crisis, whether
residing in Venezuela or elsewhere in the Western Hemisphere.
(2) Matters to be included.--The report required under
paragraph (1) shall--
(A) identify how United States Agency for
International Development and Department of State best
practices are being utilized in providing humanitarian
assistance to Venezuela and countries in the region,
including a description of coordination efforts with
United States embassies and USAID missions throughout
the region;
(B) describe the current and anticipated challenges
to distributing humanitarian assistance in Venezuela and
countries hosting Venezuelan migrants;
(C) describe the coordination of United States
assistance with foreign donors; and
(D) describe how the distribution of humanitarian
assistance is being monitored and evaluated, including--
(i) the number of beneficiaries receiving such
assistance;
(ii) <<NOTE: Assessment.>> an assessment of
how humanitarian and development assistance is
benefitting Venezuelan migrants inside and outside
of the country; and
(iii) what additional staff may be necessary
to manage such assistance.
Subtitle C--Addressing Regime Cohesion
SEC. 131. CLASSIFIED BRIEFING ON DECLINING COHESION INSIDE THE
VENEZUELAN MILITARY AND THE MADURO REGIME.
(a) <<NOTE: Coordination. Assessment.>> Reporting Requirement.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of State,
[[Page 133 STAT. 3035]]
acting through the Bureau of Intelligence and Research, and in
coordination with the Director of National Intelligence, shall provide a
briefing to the appropriate congressional committees that assesses the
declining cohesion inside the Venezuelan military and security forces
and the Maduro regime.
(b) Additional Elements.--The briefing required under subsection (a)
shall--
(1) identify senior members of the Venezuelan military and
the Maduro regime, including generals, admirals, cabinet
ministers, deputy cabinet ministers, and the heads of
intelligence agencies, whose loyalty to Nicolas Maduro is
declining;
(2) describe the factors that would accelerate the decision
making of individuals identified in paragraph (1)--
(A) to break with the Maduro regime; and
(B) to recognize the Interim President of Venezuela
and his government; and
(3) <<NOTE: Assessment.>> assess and detail the massive
number of desertions and defections that have occurred at the
officer and enlisted levels inside the Venezuelan military and
security forces.
(c) <<NOTE: Definition.>> Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 132. <<NOTE: 22 USC 9721.>> ADDITIONAL RESTRICTIONS ON
VISAS.
(a) In General.--The Secretary of State shall impose the visa
restrictions described in subsection (c) on any foreign person who the
Secretary determines--
(1) <<NOTE: Effective date.>> is a current or former senior
official of the Maduro regime, or any foreign person acting on
behalf of such regime, who is knowingly responsible for,
complicit in, responsible for ordering, controlling, or
otherwise directing, or participating in (directly or
indirectly) any activity in or in relation to Venezuela, on or
after January 23, 2019, that significantly undermines or
threatens the integrity of--
(A) the democratically-elected National Assembly of
Venezuela; or
(B) the President of such National Assembly, while
serving as Interim President of Venezuela, or the senior
government officials under the supervision of such
President;
(2) is the spouse or adult child of a foreign person
described in paragraph (1); or
(3) is the spouse or adult child of Venezuelan person
sanctioned under--
(A) section 5(a) of the Venezuela Defense of Human
Rights and Civil Society Act of 2014 (Public Law 113-
278), as amended by section 163 of this title;
(B) section 804(b) of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1903(b)); or
(C) Executive Orders 13692 (50 U.S.C. 1701 note) and
13850.
[[Page 133 STAT. 3036]]
(b) Removal From Visa Revocation List.--Pursuant to such procedures
as the Secretary of State may establish to implement this section--
(1) if any person described in subsection (a)(1) recognizes
and pledges support for the Interim President of Venezuela or a
subsequent democratically elected government of Venezuela, that
person and any family members of that person who were subject to
visa restrictions pursuant to subsection (a)(2) shall no longer
be subject to such visa restrictions; and
(2) if any person described in subparagraphs (A) through (C)
of subsection (a)(3) recognizes and pledges support for the
Interim President of Venezuela or a subsequent democratically
elected government of Venezuela, any family members of that
person who were subject to visa restrictions pursuant to
subsection (a)(3) shall no longer be subject to such visa
restrictions.
(c) Visa Restrictions Described.--
(1) Visas, admission, or parole.--An alien described in
subsection (a) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any benefit under
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(2) Current visas revoked.--
(A) In general.--An alien described in subsection
(a) is subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(B) Immediate effect.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid visa
or entry documentation that is in the alien's
possession.
(3) Exceptions.--Sanctions under paragraphs (1) and (2)
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(d) <<NOTE: President.>> Rulemaking.--The President shall issue
such regulations, licenses, and orders as may be necessary to carry out
this section.
SEC. 133. <<NOTE: 22 USC 9722.>> WAIVER FOR SANCTIONED OFFICIALS
THAT RECOGNIZE THE INTERIM PRESIDENT OF
VENEZUELA.
(a) <<NOTE: Procedures.>> Removal of Sanctions.--If a person
sanctioned under any of the provisions of law described in subsection
(b) recognizes and pledges supports for the Interim President of
Venezuela or a subsequent democratically elected government, the person
shall no longer be subject to such sanctions, pursuant to such
procedures as the Secretary of State and the Secretary of the Treasury
may establish to implement this section.
[[Page 133 STAT. 3037]]
(b) Sanctions Described.--The sanctions described in this subsection
are set forth in the following provisions of law:
(1)(A) Paragraphs (3) and (4) of section 5(a) of the
Venezuela Defense of Human Rights and Civil Society Act of 2014
(Public Law 113-278), as amended by section 163 of this title.
(B) Paragraph (5) of section 5(a) of such Act, to the extent
such paragraph relates to the sanctions described in paragraph
(3) or (4) of such subsection.
(2)(A) Clauses (1) and (4) of section 1(a)(ii)(A) of
Executive Order 13692 (50 U.S.C. 1701 note).
(B) Subparagraph (D)(2) of section 1(a)(ii) of such
Executive Order, to the extent such subparagraph relates to the
provisions of law cited in subparagraph (A).
(3)(A) Section 1(a)(ii) of Executive Order 13850.
(B) Paragraph (iii) of section 1(a) of such Executive Order,
to the extent such paragraph relates to the provision of law
cited in subparagraph (A).
(c) <<NOTE: President.>> Rulemaking.--The President shall issue
such regulations, licenses, and orders as may be necessary to carry out
this section.
Subtitle D--Restoring Democracy and Addressing the Political Crisis in
Venezuela
SEC. 141. SUPPORT FOR THE ORGANIZATION OF AMERICAN STATES AND THE
LIMA GROUP.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should--
(1) take additional steps to support ongoing efforts by the
Secretary General of the Organization of American States to
promote diplomatic initiatives to foster the restoration of
democracy and the rule of law in Venezuela;
(2) conduct diplomatic engagement in support of efforts by
the Lima Group to restore democracy and the rule of law in
Venezuela and facilitate the delivery of humanitarian assistance
for the Venezuelan people; and
(3) engage with the International Contact Group on Venezuela
to advance a peaceful and democratic solution to the current
crisis.
(b) Defined Terms.--In this section:
(1) International contact group on venezuela.--The
``International Contact Group on Venezuela'' refers to a
diplomatic bloc--
(A) whose members include the European Union,
France, Germany, Italy, Spain, Portugal, Sweden, the
Netherlands, the United Kingdom, Ecuador, Costa Rica,
and Uruguay; and
(B) which was established to advance a peaceful and
democratic solution to the current crisis in Venezuela.
(2) Lima group.--The ``Lima Group'' refers to a diplomatic
bloc--
(A) whose members include Argentina, Brazil, Canada,
Chile, Colombia, Costa Rica, Guatemala, Guyana,
Honduras, Panama, Paraguay, Peru, and Saint Lucia; and
(B) which was established to address the political,
economic, and humanitarian crises in Venezuela.
[[Page 133 STAT. 3038]]
SEC. 142. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should conduct robust diplomatic engagement in
support of efforts in Venezuela, and on the part of the international
community, to ensure accountability for possible crimes against humanity
and serious violations of human rights.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit a report to Congress
that--
(1) <<NOTE: Evaluation.>> evaluates the degree to which the
Maduro regime and its officials, including members of the
Venezuelan security forces, have engaged in actions that
constitute possible crimes against humanity and serious
violations of human rights; and
(2) provides options for holding accountable the
perpetrators identified under paragraph (1).
SEC. 143. <<NOTE: 22 USC 9731.>> SUPPORT FOR INTERNATIONAL
ELECTION OBSERVATION AND DEMOCRATIC CIVIL
SOCIETY.
(a) <<NOTE: Coordination.>> In General.--The Secretary of State, in
coordination with the Administrator of the United States Agency for
International Development--
(1) shall work with the Organization of American States to
ensure credible international observation of future elections in
Venezuela that contributes to free, fair, and transparent
democratic electoral processes; and
(2) shall work with nongovernmental organizations--
(A) to strengthen democratic governance and
institutions, including the democratically elected
National Assembly of Venezuela;
(B) to defend internationally recognized human
rights for the people of Venezuela, including support
for efforts to document crimes against humanity and
violations of human rights;
(C) to support the efforts of independent media
outlets to broadcast, distribute, and share information
beyond the limited channels made available by the Maduro
regime; and
(D) to combat corruption and improve the
transparency and accountability of institutions that are
part of the Maduro regime.
(b) Engagement at the Organization of American States.--The
Secretary of State, acting through the United States Permanent
Representative to the Organization of American States, should advocate
and build diplomatic support for sending an election observation mission
to Venezuela to ensure that democratic electoral processes are organized
and carried out in a free, fair, and transparent manner.
(c) <<NOTE: Deadline. Coordination.>> Briefing Requirement.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of State, in coordination with the Administrator of the United
States Agency for International Development, shall provide a briefing on
the strategy to carry out the activities described in subsection (a)
to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
[[Page 133 STAT. 3039]]
(4) the Committee on Appropriations of the House of
Representatives.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of State for fiscal year 2020, $17,500,000 to
carry out the activities set forth in subsection (a).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346(c)) and from the Development Assistance
Fund under section 653(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2413(a)), to the extent that such funds are expended.
Subtitle E--Supporting the Reconstruction of Venezuela
SEC. 151. <<NOTE: 22 USC 9741.>> RECOVERING ASSETS STOLEN FROM
THE VENEZUELAN PEOPLE.
(a) <<NOTE: President. Consultation. Coordination.>> Recovering
Assets.--The President, acting through the Secretary of State and in
consultation with the Secretary of the Treasury, shall advance a
coordinated international effort--
(1) to work with foreign governments--
(A) to share financial investigations intelligence,
as appropriate;
(B) to block the assets identified pursuant to
paragraph (2); and
(C) to provide technical assistance to help
governments establish the necessary legal framework to
carry out asset forfeitures; and
(2) to carry out special financial investigations to
identify and track assets taken from the people and institutions
of Venezuela through theft, corruption, money laundering, or
other illicit means.
(b) Strategy Requirement.--
(1) <<NOTE: Deadline. Consultation.>> In general.--Not
later than 180 days after the date of the enactment of this Act,
the President, acting through the Secretary of State and in
consultation with the Secretary of the Treasury, shall submit a
strategy for carrying out the activities described in subsection
(a) to Congress.
(2) Additional elements.--The strategy required under
paragraph (1) shall--
(A) <<NOTE: Assessment.>> assess whether the United
States or another member of the international community
should establish a managed fund to hold the assets
identified pursuant to subsection (a)(2) that could be
returned to a future democratic government in Venezuela;
and
(B) <<NOTE: Recommenda- tions.>> include such
recommendations as the President and the Secretary of
State consider appropriate for legislative or
administrative action in the United States that would be
needed to establish and manage the fund described in
subparagraph (A).
[[Page 133 STAT. 3040]]
Subtitle F--Restoring the Rule of Law in Venezuela
SEC. 161. <<NOTE: 22 USC 9751.>> DEVELOPING AND IMPLEMENTING A
COORDINATED SANCTIONS STRATEGY WITH
PARTNERS IN THE WESTERN HEMISPHERE AND THE
EUROPEAN UNION.
(a) Strengthening Sanctions Capacity in Latin America and the
Caribbean.-- <<NOTE: Consultation.>> The Secretary of State, in
consultation with the Secretary of the Treasury, shall offer to provide
technical assistance to partner governments in Latin America and the
Caribbean to assist such governments in establishing the legislative and
regulatory frameworks needed to impose targeted sanctions on officials
of the Maduro regime who--
(1) are responsible for human rights abuses;
(2) have engaged in public corruption; or
(3) are undermining democratic institutions and processes in
Venezuela.
(b) <<NOTE: Consultation.>> Coordinating International Sanctions.--
The Secretary of State, in consultation with the Secretary of the
Treasury, shall engage in diplomatic efforts with partner governments,
including the Government of Canada, governments in the European Union,
and governments in Latin America and the Caribbean, to impose targeted
sanctions on the Maduro regime officials described in subsection (a).
(c) <<NOTE: Deadline. Consultation.>> Strategy Requirement.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of State, in consultation with the Secretary of the Treasury,
shall submit a strategy for carrying out the activities described in
subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State for fiscal year 2020, $3,000,000 to carry
out the activities set forth in subsection (a).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346(c)) and the International Narcotics and
Law Enforcement Fund under section 489 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291h) to the extent that such funds are
expended.
SEC. 162. CLASSIFIED BRIEFING ON THE INVOLVEMENT OF VENEZUELAN
OFFICIALS IN CORRUPTION AND ILLICIT
NARCOTICS TRAFFICKING.
(a) <<NOTE: Deadline. Coordination.>> Briefing Requirement.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of State, acting
[[Page 133 STAT. 3041]]
through the Bureau of Intelligence and Research, and in coordination
with the Director of National Intelligence, shall provide a classified
briefing to the appropriate congressional committees on the involvement
of senior officials of the Maduro regime, including members of the
National Electoral Council, the judicial system, and the Venezuelan
security forces, in illicit narcotics trafficking and significant acts
of public corruption in Venezuela.
(b) Additional Elements.--The briefing provided under subsection (a)
shall--
(1) describe how the significant acts of public corruption
pose challenges for United States national security and impact
the rule of law and democratic governance in countries of the
Western Hemisphere;
(2) identify individuals for whom there is credible
information that they frustrated the ability of the United
States to combat illicit narcotics trafficking;
(3) <<NOTE: Assessment.>> include an assessment of the
relationship between individuals identified under subsection (a)
and Nicolas Maduro or members of his cabinet; and
(4) include input from the Drug Enforcement Administration,
the Office of Foreign Assets Control, and the Financial Crimes
Enforcement Network.
(c) <<NOTE: Definition.>> Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
SEC. 163. <<NOTE: 22 USC 9752.>> CONCERNS OVER PDVSA TRANSACTIONS
WITH ROSNEFT.
(a) Findings.--Congress makes the following findings:
(1) In late 2016, Venezuelan state-owned oil company
Petroleos de Venezuela, S.A. (referred to in this section as
``PDVSA''), through a no compete transaction, secured a loan
from Russian government-controlled oil company Rosneft, using
49.9 percent of PDVSA's American subsidiary, CITGO Petroleum
Corporation, including its assets in the United States, as
collateral. As a result of this transaction, 100 percent of
CITGO is held as collateral by PDVSA's creditors.
(2) CITGO, a wholly owned subsidiary of PDVSA, is engaged in
interstate commerce and owns and controls critical energy
infrastructure in 19 States of the United States, including an
extensive network of pipelines, 48 terminals, and 3 refineries,
with a combined oil refining capacity of 749,000 barrels per
day. CITGO's refinery in Lake Charles, Louisiana, is the sixth
largest refinery in the United States.
(3) The Department of the Treasury imposed sanctions on
Rosneft, which is controlled by the Government of the Russian
Federation, and its Executive Chairman, Igor Sechin, following
Russia's military invasion of Ukraine and its illegal annexation
of Crimea in 2014.
[[Page 133 STAT. 3042]]
(4) The Department of Homeland Security has designated the
energy sector as critical to United States infrastructure.
(5) The growing economic crisis in Venezuela raises the
probability that the Maduro regime and PDVSA will default on
their international debt obligations, resulting in a scenario in
which Rosneft could come into control of CITGO's United States
energy infrastructure holdings.
(b) Sense of Congress.--It is the sense of Congress that--
(1) control of critical United States energy infrastructure
by Rosneft, a Russian government-controlled entity currently
under United States sanctions that is led by Igor Sechin, who is
also under United States sanctions and is a close associate of
Vladimir Putin, would pose a significant risk to United States
national security and energy security; and
(2) a default by PDVSA on its loan from Rosneft, resulting
in Rosneft coming into possession of PDVSA's United States CITGO
assets, would warrant careful consideration by the Committee on
Foreign Investment in the United States.
(c) Preventing Rosneft From Controlling United States Energy
Infrastructure.-- <<NOTE: President.>> The President shall take all
necessary steps to prevent Rosneft from gaining control of critical
United States energy infrastructure.
(d) Security Risk Report.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit a report assessing
the national security risks posed by potential Russian acquisition and
control of CITGO's United States energy infrastructure holdings to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Homeland Security of the House of
Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
SEC. 164. CLASSIFIED BRIEFING ON ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS AND ACTORS IN VENEZUELA.
(a) <<NOTE: Deadline. Coordination.>> In General.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
State, acting through the Bureau of Intelligence and Research of the
Department of State, and in coordination with the Director of National
Intelligence, shall provide a classified briefing to the appropriate
congressional committees on--
(1) the full extent of cooperation by the Government of the
Russian Federation, the Government of the People's Republic of
China, the Government of Cuba, and the Government of Iran with
the Maduro regime; and
(2) the activities inside Venezuelan territory of foreign
armed groups, including Colombian criminal organizations and
defectors from the Colombian guerilla group known as the
Revolutionary Armed Forces of Colombia, and foreign terrorist
organizations, including the Colombian guerilla group known as
the National Liberation Army (ELN).
[[Page 133 STAT. 3043]]
(b) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 165. <<NOTE: Russian-Venezuelan Threat Mitigation Act. 22 USC
9753.>> COUNTERING RUSSIAN INFLUENCE IN
VENEZUELA.
(a) Short Title.--This section may be cited as the ``Russian-
Venezuelan Threat Mitigation Act''.
(b) Threat Assessment and Strategy to Counter Russian Influence in
Venezuela.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) <<NOTE: Reports.>> Threat assessment.--Not later than
120 days after the date of the enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees regarding--
(A) an assessment of Russian-Venezuelan security
cooperation;
(B) the potential threat such cooperation poses to
the United States and countries in the Western
Hemisphere; and
(C) <<NOTE: Strategy.>> a strategy to counter
threats identified in subparagraphs (A) and (B).
(c) Aliens Ineligible for Visas, Admission, or Parole.--
(1) Aliens described.--An alien described in this paragraph
is an alien who the Secretary of State or the Secretary of
Homeland Security (or a designee of either Secretary) knows, or
has reason to believe, is acting or has acted on behalf of the
Government of Russia in direct support of the security forces of
the Maduro regime.
(2) Visas, admission, or parole.--An alien described in
paragraph (1) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any benefit under
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(3) Current visas revoked.--
(A) In general.--An alien described in paragraph (1)
is subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(B) Immediate effect.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid visa
or entry documentation that is in the alien's
possession.
[[Page 133 STAT. 3044]]
(4) Exceptions.--Sanctions under paragraphs (2) and (3)
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(5) <<NOTE: Waiver authority.>> National security.--The
President may waive the application of this subsection with
respect to an alien if the President--
(A) <<NOTE: Determination.>> determines that such a
waiver is in the national interest of the United States;
and
(B) <<NOTE: Notification.>> submits a notice of,
and justification for, such waiver to the appropriate
congressional committees.
(6) Sunset.--This subsection shall terminate on the date
that is 1 year after the date of the enactment of this Act.
SEC. 166. <<NOTE: Venezuela Arms Restriction Act. 22 USC 9754.>>
RESTRICTION ON EXPORT OF COVERED ARTICLES
AND SERVICES TO CERTAIN SECURITY FORCES OF
VENEZUELA.
(a) Short Title.--This section may be cited as the ``Venezuela Arms
Restriction Act''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Financial Services of the House
of Representatives.
(2) Covered article or service.--The term ``covered article
or service''--
(A) for purposes of subsection (c), means--
(i) a defense article or defense service (as
such terms are defined in section 47 of the Arms
Export Control Act (22 U.S.C. 2794)); and
(ii) any article included on the Commerce
Control List set forth in Supplement No. 1 to part
774 of the Export Administration Regulations under
subchapter C of chapter VII of title 15, Code of
Federal Regulations, and controlled for crime
control purposes, if the end user is likely to use
the article to violate the human rights of the
citizens of Venezuela; and
(B) for purposes of subsection (d), means--
(i) any defense article or defense service of
the type described in section 47 of the Arms
Export Control Act (22 U.S.C. 2794); and
(ii) any article of the type included on the
Commerce Control List set forth in Supplement No.
1 to part 774 of the Export Administration
Regulations and controlled for crime control
purposes.
[[Page 133 STAT. 3045]]
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Person.--The term ``person'' means an individual or
entity.
(5) Security forces of venezuela.--The term ``security
forces of Venezuela'' includes--
(A) the Bolivarian National Armed Forces, including
the Bolivarian National Guard;
(B) the Bolivarian National Intelligence Service;
(C) the Bolivarian National Police; and
(D) the Bureau for Scientific, Criminal and Forensic
Investigations of the Ministry of Interior, Justice, and
Peace.
(6) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the United
States or of any jurisdiction within the United States,
including a foreign branch of such an entity.
(c) Restriction on Export of Covered Articles and Services to
Certain Security Forces of Venezuela.--
(1) In general.--Notwithstanding any other provision of law,
covered articles or services may not be exported from the United
States to any element of the security forces of the Maduro
regime.
(2) <<NOTE: Deadline. Consultation.>> Determination.--Not
later than 180 days after the date of the enactment of this Act,
the Secretary of State, in consultation with the Secretary of
Commerce and the heads of other departments and agencies, as
appropriate, shall--
(A) determine, using such information that is
available to the Secretary of State, whether any covered
article or service has been transferred since July 2017
to the security forces of Venezuela without a license or
other authorization as required by law; and
(B) submit such determination in writing to the
appropriate congressional committees.
(d) Report.--
(1) <<NOTE: Consultation.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of State, in consultation with the Secretary of Commerce, as
appropriate, shall submit a report to the appropriate
congressional committees regarding the transfer by foreign
persons of covered articles or services to elements of the
security forces of Venezuela that are under the authority of the
Maduro regime.
(2) <<NOTE: Lists.>> Matters to be included.--The report
required under paragraph (1) shall include--
(A) a list of all significant transfers by foreign
persons of covered articles or services to such elements
of the security forces of Venezuela since July 2017;
(B) a list of all foreign persons who maintain an
existing defense relationship with such elements of the
security forces of Venezuela; and
[[Page 133 STAT. 3046]]
(C) any known use of covered articles or services by
such elements of the security forces of Venezuela or
associated forces, including paramilitary groups, that
have coordinated with such security forces to assault,
intimidate, or murder political activists, protesters,
dissidents, and other civil society leaders, including
Juan Guaido.
(e) Sunset.--This section shall terminate on the earlier of--
(1) the date that is 3 years after the date of the enactment
of this Act; or
(2) <<NOTE: President. Certification.>> the date on which
the President certifies to the appropriate congressional
committees that the Government of Venezuela has returned to a
democratic form of government with respect for the essential
elements of representative democracy as set forth in Article 3
of the Inter-American Democratic Charter, adopted by the
Organization of American States in Lima on September 11, 2001.
Subtitle G--Cryptocurrency and Ensuring the Effectiveness of United
States Sanctions
SEC. 171. <<NOTE: Deadlines.>> BRIEFING ON THE IMPACT OF
CRYPTOCURRENCIES ON UNITED STATES
SANCTIONS.
(a) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Financial Services of the House of
Representatives.
(b) <<NOTE: Consultation. Assessment.>> Methodology.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of State and the Secretary of the Treasury, after consultation with the
Chairman of the Securities and Exchange Commission and the Chairman of
the Commodity Futures Trading Commission, shall develop a methodology to
assess how any digital currency, digital coin, or digital token, that
was issued by, for, or on behalf of the Maduro regime is being utilized
to circumvent or undermine United States sanctions.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of the
Treasury shall brief the appropriate congressional committees on the
methodology developed under subsection (b).
Subtitle H--Miscellaneous Provisions
SEC. 181. <<NOTE: Deadlines. 22 USC 9761.>> CONGRESSIONAL
BRIEFINGS.
(a) Humanitarian Assistance; Sanctions Coordination.--
(1) In general.--Not later than 15 days after any of the
congressional committees listed in paragraph (2) requests a
briefing regarding the implementation--
[[Page 133 STAT. 3047]]
(A) of section 121, the Secretary of State and the
Administrator of the United States Agency for
International Development shall provide such briefing to
such committee; and
(B) of section 161, the Secretary of State shall
provide such briefing to such committee.
(2) Congressional committees.--The committees listed in this
paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(b) United Nations; Negotiated Solution; Crimes Against Humanity.--
(1) In general.--Not later than 15 days after any
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 113, 122, or
142, the Secretary of State shall provide such briefing to such
committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(c) Regime Cohesion.--
(1) In general.--Not later than 15 days after a
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 131, the
Secretary of State and the Director of National Intelligence
shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Permanent Select Committee on Intelligence
of the House of Representatives.
(d) International Election Observation; Democratic Civil Society.--
Not later than 15 days after a congressional committee listed in
subsection (a)(2) requests a briefing regarding the implementation of
section 143, the Secretary of State and the Administrator of the United
States Agency for International Development shall provide such briefing
to such committee.
(e) Visa Restrictions; Sanctions Waiver.--Not later than 15 days
after a congressional committee listed in subsection (b)(2) requests a
briefing regarding the implementation of section 132 or 133, the
Secretary of State shall provide such briefing to such committee.
(f) Recovery of Stolen Assets.--
(1) In general.--Not later than 15 days after a
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 151, the
Secretary of State, the Secretary of the Treasury, and the
Attorney General shall provide such briefing to such committee.
[[Page 133 STAT. 3048]]
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Financial Services of the House
of Representatives; and
(F) the Committee on the Judiciary of the House of
Representatives.
(g) PDVSA Transactions With Rosneft.--
(1) In general.--Not later than 15 days after a
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 163, the
Secretary of State, the Secretary of the Treasury, and the
Secretary of Homeland Security shall provide such briefing to
such committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives.
SEC. 182. <<NOTE: 22 USC 9762.>> PROHIBITION ON CONSTRUCTION OF
PROVISIONS OF THIS TITLE AS AN
AUTHORIZATION FOR THE USE OF MILITARY
FORCE.
Nothing in this title may be construed as an authorization for the
use of military force.
SEC. 183. EXTENSION AND TERMINATION OF SANCTIONS AGAINST
VENEZUELA.
(a) Amendment.--Section 5(e) of the Venezuela Defense of Human
Rights and Civil Society Act of 2014 (Public Law 113-278; 50 U.S.C. 1701
note) is amended by striking ``December 31, 2019'' and inserting
``December 31, 2023''.
(b) <<NOTE: 22 USC 9763.>> Termination.--The requirement to impose
sanctions under this title shall terminate on December 31, 2023.
TITLE II-- <<NOTE: Eastern Mediterranean Security and Energy Partnership
Act of 2019. 22 USC 2373 note.>> EASTERN MEDITERRANEAN SECURITY AND
ENERGY PARTNERSHIP
SEC. 201. SHORT TITLE.
This title may be cited as the ``Eastern Mediterranean Security and
Energy Partnership Act of 2019''.
SEC. 202. FINDINGS.
Congress makes the following findings:
(1) The security of partners and allies in the Eastern
Mediterranean region is critical to the security of the United
States and Europe.
[[Page 133 STAT. 3049]]
(2) Greece is a valuable member of the North Atlantic Treaty
Organization (NATO) and a key pillar of stability in the Eastern
Mediterranean.
(3) Israel is a steadfast ally of the United States and has
been designated a ``major non-NATO ally'' and ``major strategic
partner''.
(4) Cyprus is a key strategic partner and signed a Statement
of Intent with the United States on November 6, 2018, to enhance
bilateral security cooperation.
(5) The countries of Greece, Cyprus, and Israel have
participated in critical trilateral summits to improve
cooperation on energy and security issues.
(6) Secretary of State Mike Pompeo participated in the
trilateral summit among Israel, Greece, and Cyprus on March 20,
2019.
(7) The United States, Israel, Greece, and Cyprus oppose any
action in the Eastern Mediterranean and the Aegean Sea that
could challenge stability, violate international law, or
undermine good neighborly relations, and in a joint declaration
on March 21, 2019, agreed to ``defend against external malign
influences in the Eastern Mediterranean and the broader Middle
East''.
(8) The recent discovery of what may be the region's largest
natural gas field off the Egyptian coast and the newest
discoveries of natural gas off the coast of Cyprus could
represent a significant and positive development for the Eastern
Mediterranean and the Middle East, enhancing the region's
strategic energy significance.
(9) It is in the national security interest of the United
States to promote, achieve, and maintain energy security among,
and through cooperation with, allies.
(10) Natural gas developments in the Eastern Mediterranean
have the potential to provide economic gains and contribute to
energy security in the region and Europe, as well as support
European efforts to diversify away from natural gas supplied by
the Russian Federation.
(11) The soon to be completed Trans Adriatic Pipeline is a
critical component of the Southern Gas Corridor and the European
Union's efforts to diversify energy resources.
(12) The proposed Eastern Mediterranean pipeline, if
commercially viable, would provide for energy diversification in
accordance with the European Union's third energy package of
reforms.
(13) The United States acknowledges the achievements and
importance of the Binational Industrial Research and Development
Foundation (BIRD) and the United States-Israel Binational
Science Foundation (BSF) and supports continued multiyear
funding to ensure the continuity of the programs of the
Foundations.
(14) The United States has welcomed Greece's allocation of 2
percent of its gross domestic product (GDP) to defense in
accordance with commitments made at the 2014 NATO Summit in
Wales.
(15) Energy exploration in the Eastern Mediterranean region
must be safeguarded against threats posed by terrorist and
extremist groups, including Hezbollah and any other actor in the
region.
[[Page 133 STAT. 3050]]
(16) The energy exploration in the Republic of Cyprus's
Exclusive Economic Zone and territorial waters--
(A) furthers United States interests by providing a
potential alternative to Russian gas for United States
allies and partners; and
(B) should not be impeded by other sovereign states.
(17) The United States Government cooperates closely with
Cyprus, Greece, and Israel through information sharing
agreements.
(18) United States officials have assisted the Government of
the Republic of Cyprus with crafting that nation's national
security strategy.
(19) The United States Government provides training to
Cypriot officials in areas such as cybersecurity,
counterterrorism, and explosive ordnance disposal and stockpile
management.
(20) Israel, Greece, and Cyprus are valued members of the
Proliferation Security Initiative to combat the trafficking of
weapons of mass destruction.
(21) The Republic of Cyprus continues to work closely with
the United Nations and regional partners in Europe to combat
terrorism and violent extremism.
(22) Despite robust economic and security relations with the
United States, the Republic of Cyprus has been subject to a
United States prohibition on the export of defense articles and
services since 1987.
(23) The 1987 arms prohibition was designed to restrict
United States arms sales and transfers to the Republic of Cyprus
and the occupied part of Cyprus to avoid hindering reunification
efforts.
(24) At least 40,000 Turkish troops are stationed in the
occupied part of Cyprus with some weapons procured from the
United States through mainland Turkey.
(25) While the United States has, as a matter of policy,
avoided the provision of defense articles and services to the
Republic of Cyprus, the Government of Cyprus has, in the past,
sought to obtain defense articles from other countries,
including countries, such as Russia, that pose challenges to
United States interests around the world.
SEC. 203. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to continue to actively participate in the trilateral
dialogue on energy, maritime security, cybersecurity and
protection of critical infrastructure conducted among Israel,
Greece, and Cyprus;
(2) to support diplomatic efforts with partners and allies
to deepen energy security cooperation among Greece, Cyprus, and
Israel and to encourage the private sector to make investments
in energy infrastructure in the Eastern Mediterranean region;
(3) to strongly support the completion of the Trans Adriatic
and Eastern Mediterranean Pipelines and the establishment of
liquified natural gas (LNG) terminals across the Eastern
Mediterranean as a means of diversifying regional energy needs
away from the Russian Federation;
[[Page 133 STAT. 3051]]
(4) to maintain a robust United States naval presence and
investments in the naval facility at Souda Bay, Greece and
develop deeper security cooperation with Greece to include the
recent MQ-9 deployments to the Larissa Air Force Base and United
States Army helicopter training in central Greece;
(5) to welcome Greece's commitment to move forward with the
Interconnector Greece-Bulgaria (IGB pipeline) and additional LNG
terminals that will help facilitate delivery of non-Russian gas
to the Balkans and central Europe;
(6) to support deepened security cooperation with the
Republic of Cyprus through the removal of the arms embargo on
the country;
(7) to support robust International Military Education and
Training (IMET) programming with Greece and the Republic of
Cyprus;
(8) to leverage relationships within the European Union to
encourage investments in Cypriot border and maritime security;
(9) to support efforts to counter Russian Federation
interference and influence in the Eastern Mediterranean through
increased security cooperation with Greece, Cyprus, and Israel,
to include intelligence sharing, cyber, and maritime domain
awareness;
(10) to support the Republic of Cyprus' efforts to regulate
its banking industry to ensure that it is not used as a source
of international money laundering and encourage additional
measures toward that end;
(11) to strongly oppose any actions that would trigger
mandatory sanctions pursuant to section 231 of the Countering
America's Adversaries Through Sanctions Act (CAATSA) (Public Law
115-44), to include the purchase of military equipment from the
Russian Federation;
(12) to continue robust official strategic engagement with
Israel, Greece, and Cyprus;
(13) to urge countries in the region to deny port services
to Russian Federation vessels deployed to support the government
of Bashar Al-Assad in Syria;
(14) to support joint military exercises among Israel,
Greece, and Cyprus;
(15) to fully implement relevant CAATSA provisions to
prevent interference by the Russian Federation in the region;
(16) to support efforts by countries in the region to
demobilize military equipment supplied by the Russian Federation
in favor of equipment provided by NATO and NATO-allied member
countries; and
(17) to strongly support the active and robust participation
of Israel, Cyprus, and Greece in the Combating Terrorism
Fellowship Program.
SEC. 204. UNITED STATES-EASTERN MEDITERRANEAN ENERGY COOPERATION.
(a) <<NOTE: Israel. Greece. Cyprus.>> In General.--The Secretary of
State, in coordination with the Secretary of Energy, may enter into
cooperative agreements supporting and enhancing dialogue and planning
involving international partnerships between the United States and
Israel, Greece, and the Republic of Cyprus.
[[Page 133 STAT. 3052]]
(b) Annual Reports.--If the Secretary of State, in coordination with
the Secretary of Energy, enters into agreements authorized under
subsection (a), the Secretary shall submit an annual report to the
appropriate congressional committees that describes--
(1) actions taken to implement such agreements; and
(2) any projects undertaken pursuant to such agreements.
(c) United States-Eastern Mediterranean Energy Center.--The
Secretary of Energy, in coordination with the Secretary of State, may
establish a joint United States-Eastern Mediterranean Energy Center in
the United States leveraging the experience, knowledge, and expertise of
institutions of higher education and entities in the private sector,
among others, in offshore energy development to further dialogue and
collaboration to develop more robust academic cooperation in energy
innovation technology and engineering, water science, technology
transfer, and analysis of emerging geopolitical implications, which
include opportunities as well as crises and threats from foreign natural
resource and energy acquisitions.
SEC. 205. <<NOTE: Exports and imports.>> REPEAL OF PROHIBITION ON
TRANSFER OF ARTICLES ON
THE UNITED STATES MUNITIONS LIST TO THE
REPUBLIC
OF CYPRUS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) allowing for the export, re-export or transfer of arms
subject to the United States Munitions List (part 121 of title
22, Code of Federal Regulations) to the Republic of Cyprus would
advance United States security interests in Europe by helping to
reduce the dependence of the Government of the Republic of
Cyprus on other countries, including countries that pose
challenges to United States interests around the world, for
defense-related materiel; and
(2) it is in the interest of the United States to continue
to support United Nations-facilitated efforts toward a
comprehensive solution to the division of Cyprus.
(b) Modification of Prohibition.--Section 620C(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended--
(1) in paragraph (1), by striking ``Any agreement'' and
inserting ``Except as provided in paragraph (3), any
agreement''; and
(2) by adding at the end the following new paragraph:
``(3) The requirement under paragraph (1) shall not apply to any
sale or other provision of any defense article or defense service to
Cyprus if the end-user of such defense article or defense service is the
Government of the Republic of Cyprus.''.
(c) Exclusion of the Government of the Republic of Cyprus From
Certain Related Regulations.--
(1) <<NOTE: Effective date.>> In general.--Subject to
subsection (d) and except as provided in paragraph (2),
beginning on the date of the enactment of this Act, the
Secretary of State shall not apply a policy of denial for
exports, re-exports, or transfers of defense articles and
defense services destined for or originating in the Republic of
Cyprus if--
(A) the request is made by or on behalf of the
Government of the Republic of Cyprus; and
(B) the end-user of such defense articles or defense
services is the Government of the Republic of Cyprus.
[[Page 133 STAT. 3053]]
(2) Exception.--This exclusion shall not apply to any denial
based upon credible human rights concerns.
(d) Limitations on the Transfer of Articles on the United States
Munitions List to the Republic of Cyprus.--
(1) <<NOTE: President. Determination. Certification. Time
period.>> In general.--The policy of denial for exports, re-
exports, or transfers of defense articles on the United States
Munitions List to the Republic of Cyprus shall remain in place
unless the President determines and certifies to the appropriate
congressional committees not less than annually that--
(A) the Government of the Republic of Cyprus is
continuing to cooperate with the United States
Government in efforts to implement reforms on anti-money
laundering regulations and financial regulatory
oversight; and
(B) the Government of the Republic of Cyprus has
made and is continuing to take the steps necessary to
deny Russian military vessels access to ports for
refueling and servicing.
(2) Waiver.--The President may waive the limitations
contained in this subsection for one fiscal year if the
President determines that it is essential to the national
security interests of the United States to do so.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
SEC. 206. IMET COOPERATION WITH GREECE AND THE REPUBLIC OF CYPRUS.
There is authorized to be appropriated $1,300,000 for fiscal year
2020, $1,500,000 for fiscal year 2021, and $1,800,000 for fiscal year
2022 for International Military Education and Training (IMET) assistance
for Greece and $200,000 for fiscal year 2020, $500,000 for fiscal year
2021, and $750,000 for fiscal year 2022 for such assistance for the
Republic of Cyprus. The assistance shall be made available for the
following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States
military and the country's military to build alliances for the
future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education.
(6) Enabling countries to use their national funds to
receive a reduced cost for other Department of Defense education
and training.
SEC. 207. FOREIGN MILITARY FINANCING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2021 up to $3,000,000 for Foreign Military
Financing (FMF) assistance for Greece to assist the country in meeting
its commitment as a member of the North Atlantic Treaty Organization
(NATO) to dedicate 20 percent of its defense budget to enhance research
and development.
[[Page 133 STAT. 3054]]
(b) Sense of Congress.--It is the sense of Congress that Greece
should receive robust support under the European Recapitalization
Incentive Program implemented by the Department of Defense.
SEC. 208. STRATEGY ON UNITED STATES SECURITY AND ENERGY
COOPERATION IN THE EASTERN MEDITERRANEAN.
(a) <<NOTE: Deadline. Consultation. Israel. Cyprus. Greece.>> In
General.--Not later than 90 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the Secretary of
Defense and the Secretary of Energy, shall submit to the appropriate
congressional committees a strategy on enhanced security and energy
cooperation with countries in the Eastern Mediterranean region,
including Israel, the Republic of Cyprus, and Greece.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of United States participation in and
support for the Eastern Mediterranean Natural Gas Forum.
(2) <<NOTE: Evaluation.>> An evaluation of all possible
delivery mechanisms into Europe for natural gas discoveries in
the Eastern Mediterranean region.
(3) <<NOTE: Evaluation.>> An evaluation of efforts to
protect energy exploration infrastructure in the region,
including infrastructure owned or operated by United States
companies.
(4) <<NOTE: Assessment.>> An assessment of the capacity of
the Republic of Cyprus to host an Energy Crisis Center in the
region which could provide basing facilities in support of
search and rescue efforts in the event of an accident.
(5) <<NOTE: Assessment.>> An assessment of the timing of
potential natural gas delivery in the region as well as an
assessment of the ultimate destination countries for the natural
gas delivery from the region.
(6) <<NOTE: Plan.>> A plan to work with United States
businesses seeking to invest in Eastern Mediterranean energy
exploration, development, and cooperation.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 209. REPORT ON RUSSIAN FEDERATION MALIGN INFLUENCE IN THE
EASTERN MEDITERRANEAN.
(a) <<NOTE: Cyprus. Greece. Israel. Time period.>> In General.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of State shall submit to the appropriate congressional
committees a report on Russian Federation malign influence in the
Republic of Cyprus, Greece, and Israel since January 1, 2017.
(b) <<NOTE: Assessments.>> Elements.--The report required under
subsection (a) shall include the following elements:
(1) An assessment of security, political, and energy goals
of the Russian Federation in the Eastern Mediterranean.
(2) A description of energy projects of the Government of
the Russian Federation in the Eastern Mediterranean.
(3) <<NOTE: List.>> A listing of Russian national ownership
of media outlets in these countries, including the name of the
media outlet, approximate viewership, and assessment of whether
the outlet promotes pro-Kremlin views.
(4) An assessment of military engagement by the Government
of the Russian Federation in the security sector, including
engagement by military equipment and personnel contractors.
[[Page 133 STAT. 3055]]
(5) An assessment of efforts supported by the Government of
the Russian Federation to influence elections in the three
countries, through the use of cyber attacks, social media
campaigns, or other malign influence techniques.
(6) An assessment of efforts by the Government of the
Russian Federation to intimidate and influence the decision by
His All Holiness Ecumenical Patriarch Bartholomew, leader of
300,000,000 Orthodox Christians worldwide, to grant autocephaly
to the Ukrainian Orthodox Church.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 210. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE
EXCLUSIVE ECONOMIC ZONE OF THE REPUBLIC OF
CYPRUS.
(a) <<NOTE: Consultation. Time period. Determination.>> In
General.--Not later than 90 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the Secretary of
Defense and the Secretary of Energy, shall submit to the appropriate
congressional committees a report listing incidents since January 1,
2017, determined by the Secretary of State to interfere in efforts by
the Republic of Cyprus to explore and exploit natural resources in its
Exclusive Economic Zone.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 211. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE
AIRSPACE OF GREECE.
(a) <<NOTE: Consultation. Time period. Determination.>> In
General.--Not later than 90 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the Secretary of
Defense, shall submit to the appropriate congressional committees a
report listing incidents since January 1, 2017, determined by the
Secretary of State to be violations of the airspace of the sovereign
territory of Greece by its neighbors.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 212. <<NOTE: Definition.>> APPROPRIATE CONGRESSIONAL
COMMITTEES.
In this title, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives.
TITLE III-- <<NOTE: End Neglected Tropical Diseases Act. 22 USC 2151
note.>> END NEGLECTED TROPICAL DISEASES ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``End Neglected Tropical Diseases
Act''.
SEC. 302. STATEMENT OF POLICY.
It is the policy of the United States to support a broad range of
implementation and research and development activities that work toward
the achievement of cost-effective and sustainable treatment, control,
and, where possible, elimination of neglected tropical diseases for the
economic and social well-being of all people.
[[Page 133 STAT. 3056]]
SEC. 303. DEFINITION.
In this title, the terms ``neglected tropical diseases'' and
``NTDs''--
(1) mean infections caused by pathogens, including viruses,
bacteria, protozoa, and helminths that disproportionately impact
individuals living in extreme poverty, especially in developing
countries; and
(2) include--
(A) Buruli ulcer (Mycobacterium Ulcerans infection);
(B) Chagas disease;
(C) dengue or severe dengue fever;
(D) dracunculiasis (Guinea worm disease);
(E) echinococcosis;
(F) foodborne trematodiases;
(G) human African trypanosomiasis (sleeping
sickness);
(H) leishmaniasis;
(I) leprosy;
(J) lymphatic filariasis (elephantiasis);
(K) onchocerciasis (river blindness);
(L) scabies;
(M) schistosomiasis;
(N) soil-transmitted helminthiases (STH) (roundworm,
whipworm, and hookworm);
(O) taeniasis/cysticercosis;
(P) trachoma; and
(Q) yaws (endemic treponematoses).
SEC. 304. EXPANSION OF UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT NEGLECTED TROPICAL DISEASES
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
Neglected Tropical Diseases Program, as in effect on the date of the
enactment of this Act, should--
(1) provide integrated drug treatment packages to as many
individuals suffering from NTDs or at risk of acquiring NTDs,
including individuals displaced by manmade and natural
disasters, as logistically feasible;
(2) better integrate NTD control and treatment tools and
approaches into complementary development and global health
programs by coordinating, to the extent practicable and
appropriate, across multiple sectors, including those relating
to HIV/AIDS, malaria, tuberculosis, education, nutrition, other
infectious diseases, maternal and child health, and water,
sanitation, and hygiene;
(3) establish low-cost, high-impact community- and school-
based NTD programs to reach large at-risk populations, including
school-age children, with integrated drug treatment packages, as
feasible;
(4) as opportunities emerge and resources allow, engage in
research and development of new tools and approaches to reach
the goals relating to the elimination of NTDs as set forth by
the 2012 World Health Organization publication ``Accelerating
Work to Overcome the Global Impact of Neglected Tropical
Diseases: A Roadmap for Implementation'', including for Chagas
disease, Guinea worm, human African trypanosomiasis (sleeping
sickness), leprosy, and visceral leishmaniasis; and
[[Page 133 STAT. 3057]]
(5) monitor research on and developments in the prevention
and treatment of other NTDs so breakthroughs can be incorporated
into the Neglected Tropical Diseases Program, as practicable and
appropriate.
(b) Program Priorities.--The Administrator of the United States
Agency for International Development (referred to in this section as the
``Administrator'') should incorporate the following priorities into the
Neglected Tropical Diseases Program (as in effect on the date of the
enactment of this Act):
(1) Planning for and conducting robust monitoring and
evaluation of program investments in order to accurately measure
impact, identify and share lessons learned, and inform future
NTD control and elimination strategies.
(2) Coordinating program activities with complementary
development and global health programs of the United States
Agency for International Development, including programs
relating to water, sanitation, and hygiene, food and nutrition
security, and education (both primary and secondary), in order
to advance the goals of the London Declaration on Neglected
Tropical Diseases (2012).
(3) Including morbidity management in treatment plans for
high-burden NTDs.
(4) Incorporating NTDs included in the Global Burden of
Disease Study 2010 into the program as opportunities emerge, to
the extent practicable and appropriate.
(5) Continuing investments in the research and development
of new tools and approaches that complement existing research
investments and ensure that new discoveries make it through the
pipeline and become available to individuals who need them most.
SEC. 305. ACTIONS BY DEPARTMENT OF STATE.
(a) Office of the Global AIDS Coordinator.--It is the sense of
Congress that the Coordinator of United States Government Activities to
Combat HIV/AIDS Globally should fully consider evolving research on the
impact of NTDs on efforts to control HIV/AIDS when making future
programming decisions, as necessary and appropriate.
(b) Global Programming.--
(1) In general.--The Secretary of State should encourage the
Global Fund to take into consideration evolving research on the
impact of NTDs on efforts to control HIV/AIDS when making
programming decisions, particularly with regard to female
genital schistosomiasis, which studies suggest may be one of the
most significant cofactors in the AIDS epidemic in Africa, as
necessary and appropriate.
(2) <<NOTE: Definition.>> Global fund.--In this subsection,
the term ``Global Fund'' means the public-private partnership
known as the Global Fund to Fight AIDS, Tuberculosis and Malaria
established pursuant to Article 80 of the Swiss Civil Code.
(c) G-20 Countries.--The Secretary of State, acting through the
Office of Global Health Diplomacy, should encourage G-20 countries to
significantly increase their role in the control and elimination of
NTDs.
SEC. 306. MULTILATERAL DEVELOPMENT AND HEALTH INSTITUTIONS.
(a) Finding.--Congress finds that the treatment of NTDs, including
community- and school-based deworming programs, can
[[Page 133 STAT. 3058]]
be a highly cost-effective intervention, and schools can serve as an
effective delivery mechanism for reaching large numbers of children with
safe treatment for soil-transmitted helminthiases (roundworm, whipworm,
and hookworm) in particular.
(b) United Nations.--The President should direct the United States
Permanent Representative to the United Nations to use the voice, vote,
and influence of the United States to urge the World Health Organization
and the United Nations Development Programme to--
(1) ensure the dissemination of best practices and
programming on NTDs to governments and make data accessible to
practitioners in an open and timely fashion;
(2) highlight impacts of community- and school-based
deworming programs on children's health and education,
emphasizing the cost-effectiveness of such programs;
(3) encourage governments to implement deworming campaigns
at the national level;
(4) consider the designation of a portion of grant funds of
the institutions to deworming initiatives and cross-sectoral
collaboration with water, sanitation, and hygiene efforts and
nutrition or education programming, as practicable and
appropriate;
(5) encourage accurate monitoring and evaluation of NTD
programs, including deworming programs; and
(6) engage governments in cross-border initiatives for the
treatment, control, prevention, and elimination of NTDs, and
assist in developing transnational agreements, when and where
necessary.
SEC. 307. RULE OF CONSTRUCTION.
Nothing in this title may be construed to increase authorizations of
appropriations for the United States Agency for International
Development.
TITLE IV-- <<NOTE: Preventing Child Marriage in Displaced Populations
Act. 22 USC 287 note.>> PREVENTING CHILD MARRIAGE IN DISPLACED
POPULATIONS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Preventing Child Marriage in
Displaced Populations Act''.
SEC. 402. FINDINGS.
Congress finds the following:
(1) According to United Nations Children's Fund (UNICEF),
12,000,000 girls marry before the age of 18 every year.
(2) Early marriage denies children, especially girls, their
right to make vital decisions about their well-being, including
relating to their health, family, and career. Child brides are
less likely to finish their education, and are at higher risk
for abuse, contracting HIV, and dying while pregnant or giving
birth.
(3) Child marriage also imposes substantial economic costs
to developing countries, impeding development and prosperity
gains.
(4) Displaced populations are particularly vulnerable to
child marriage, in communities where poverty, instability, and
[[Page 133 STAT. 3059]]
displacement put pressure on families to marry children,
particularly young girls, off at a young age.
(5) One United Nations (UN) study found that child marriage
rates were 4 times higher among displaced Syrian refugees than
among Syrians before the crisis. This indicates that
displacement, instability, and poverty are driving child
marriages.
(6) United Nations agencies, including UNICEF and the United
Nations High Commissioner for Refugees (UNHCR), have
acknowledged the dangers of child marriage and taken steps to
address its risk in the populations they serve.
(7) The UN Joint Program on Child Marriage supports this
work by building the resilience of populations to indirectly
prevent child marriage and by generating new data and evidence
on the prevalence of child marriage in humanitarian and fragile
settings. For example, in Uganda, the UN Joint Program on Child
Marriage helped 27,000 adolescent girls strengthen critical
skills through school clubs and Go Back to School campaigns, as
well as life skills and financial literacy training.
(8) After the UN Joint Program on Child Marriage identified
Yemen as one of its focus countries, 65,000 people, of whom
45,000 are adolescents, were reached with awareness-raising
activities on the harms of child marriage in 2018 alone. As a
result, local council representatives, elders, and community
leaders from 6 districts signed a pledge to support advocacy
efforts to end child marriage.
SEC. 403. <<NOTE: President.>> PREVENTING CHILD MARRIAGE IN
DISPLACED POPULATIONS.
(a) In General.--The President shall direct the United States
Permanent Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to call for an
adoption of an agreed upon definition of ``child marriage'' across
United Nations agencies.
(b) Strategy.--The President shall direct the United States
Permanent Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to call for the
development of a comprehensive strategy to address child marriage in
refugee settlements administered by the United Nations. The strategy
should include the following elements:
(1) A mandate to regularly collect and report data related
to the number of known or suspected child marriages taking place
inside each such settlement.
(2) Protocols for United Nations personnel regarding
prevention and monitoring of child marriages inside each such
settlement.
(3) A description of United Nations programs administered at
such settlements that include--
(A) physical, mental, and emotional rehabilitation
and support to children who have extricated themselves
from child marriage; and
(B) alternatives to child marriage, such as
education initiatives.
(4) Protocols regarding how United Nations personnel
should--
[[Page 133 STAT. 3060]]
(A) report adults participating in illegal child
marriages in each such settlement; and
(B) monitor the prosecution of such adults by the
authorities of the country in which the settlement at
issue is located.
(c) Research.--The President shall direct the United States
Permanent Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to advocate for
the United Nations and its appropriate agencies to include, as
appropriate, in all of its research regarding child marriage, the
relationship between child marriage and violence against girls,
including young children and infants.
(d) Definitions.--In this section:
(1) Child marriage.--The term ``child marriage'' means a
formal marriage or informal union involving at least one person
younger than age 18.
(2) Illegal child marriage.--The term ``illegal child
marriage'' means a child marriage that is illegal under the laws
of the country in which the child marriage occurs.
TITLE V-- <<NOTE: Global Fragility Act of 2019.>> GLOBAL FRAGILITY
SEC. 501. <<NOTE: 22 USC 9801 note.>> SHORT TITLE.
This title may be cited as the ``Global Fragility Act of 2019''.
SEC. 502. <<NOTE: 22 USC 9801.>> APPROPRIATE CONGRESSIONAL
COMMITTEES DEFINED.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Relevant federal department or agency.--The term
``relevant Federal department or agency'' means the Department
of State, the United States Agency for International
Development, the Department of Defense, the Department of
Treasury, and any other Federal department or agency the
President determines is relevant to carry out the purposes of
this title.
SEC. 503. <<NOTE: 22 USC 9802.>> STATEMENT OF POLICY.
It is the policy of the United States to seek to stabilize conflict-
affected areas and prevent violence and fragility globally, including
by--
(1) ensuring that all relevant Federal departments and
agencies coordinate to achieve coherent, long-term goals for
programs designed to carry out such policy;
(2) seeking to improve global, regional, and local
coordination of relevant international and multilateral
development and donor organizations regarding efforts to carry
out such policy; and
(3) enhancing the effectiveness of United States foreign
assistance programs and activities to carry out such policy,
including by improving assessment, monitoring, and evaluation
conducted by the relevant Federal departments and agencies.
[[Page 133 STAT. 3061]]
SEC. 504. <<NOTE: President. 22 USC 9803.>> GLOBAL FRAGILITY
STRATEGY.
(a) <<NOTE: Coordination.>> Strategy.--The President, in
coordination with the Secretary of State, the Administrator of the
United States Agency for International Development (``USAID''), the
Secretary of Defense, and the heads of other relevant Federal
departments and agencies, shall establish a comprehensive, integrated,
ten-year strategy, to be referred to as the ``Global Fragility
Strategy'', to contribute to the stabilization of conflict-affected
areas, address global fragility, and strengthen the capacity of the
United States to be an effective leader of international efforts to
prevent extremism and violent conflict. The strategy shall focus on
addressing long-term causes of fragility and violence, and shall--
(1) consider the causes of fragility and violence at both
the local and national levels, the external actors that
reinforce and exploit such conditions, and successful prevention
strategies and their key features;
(2) include specific objectives and multisectoral approaches
to reduce fragility and the causes of violence, including those
that strengthen state-society relations, curb extremist
ideology, and make society less vulnerable to the spread of
extremism and violence;
(3) encourage and empower local and national actors to
address the concerns of their citizens, including those in
vulnerable communities, and build community resilience against
violence and extremism;
(4) address the long-term underlying causes of fragility and
violence through participatory, locally led programs, empowering
marginalized groups such as youth and women, inclusive dialogues
and conflict resolutions processes, justice sector reform, good
governance, inclusive and accountable service delivery, and
community policing and civilian security, including by
combatting impunity for security forces implicated in violations
of internationally recognized human rights and other serious
crimes;
(5) describe approaches that ensure national leadership
where appropriate and participatory engagement by civil society
and local partners in the design, implementation, and monitoring
of programs;
(6) assign roles for relevant Federal departments and
agencies to avoid duplication of efforts, while ensuring that--
(A) the Department of State is responsible for
leading the drafting and execution of the strategy,
establishing United States foreign policy, advancing
diplomatic and political efforts, and overseeing the
planning and implementation of security assistance and
related civilian security efforts;
(B) USAID is responsible for overseeing prevention
programs, and is the lead implementing agency for
development, humanitarian, and related non-security
program policy;
(C) activities undertaken or supported by the
Department of Defense in relation to the Global
Fragility Strategy are established through joint
formulation and with the concurrence of the Secretary of
State; and
(D) other relevant Federal departments and agencies
support the activities of the Department of State and
[[Page 133 STAT. 3062]]
USAID as appropriate, with the concurrence of the
Secretary of State and the Administrator of the United
States Agency for International Development;
(7) describe programs that relevant Federal departments and
agencies will undertake to achieve the stated objectives,
including descriptions of existing programs and funding by
fiscal year and account;
(8) identify mechanisms to improve coordination between the
United States, foreign governments, and international
organizations, including the World Bank, the United Nations,
regional organizations, and private sector organizations;
(9) address efforts to expand public-private partnerships
and leverage private sector resources;
(10) describe the criteria, metrics, and mechanisms for
monitoring and evaluation of programs and objectives in the
strategy to ensure planning, implementation, and coordination
are appropriately executed and updated;
(11) describe how the strategy will ensure that programs are
country-led and context-specific; and
(12) identify mechanisms or activities to reduce the risk
that the programs, policies, or resources of the United States
and its partners will facilitate corruption, empower or abet
repressive local actors, or be exploited by extremists to gain
support for their cause.
(b) Stakeholder Consultation.--The Global Fragility Strategy
required under this section shall be developed in consultation with
representatives of civil society and national and local governance
entities in countries and regions described in section 505, as well as
relevant international development organizations with experience
implementing programs in fragile states, multilateral organizations and
donors, relevant private, academic, and philanthropic entities, and the
appropriate congressional committees.
(c) Report.--Not later than 270 days after the date of the enactment
of this Act, the President shall submit to the appropriate congressional
committees a report setting forth the strategy described in subsection
(a), which shall be submitted in unclassified form, but may include a
classified annex if necessary, and shall include, at a minimum, the
following elements:
(1) The objectives, general and specific, of the strategy.
(2) An identification of the relevant Federal departments
and agencies that will be involved and the assignment of
priorities to such departments and agencies.
(3) A description of the compact-based partnerships that
will be established to ensure local leadership of strategies,
policy, and programs, as well as mutual accountability for
results and resources needed to support such partnerships.
(4) An identification of the authorities, staffing, and
other requirements, as necessary and appropriate, needed to
effectively implement the Global Fragility Strategy.
(5) A description of the ways in which United States
leadership will be used to enhance overall international
prevention efforts, including through increasing the engagement
of the member states of the Group of Seven and Group of Twenty.
(6) An identification of which officials of the Department
of State, USAID, and the Department of Defense, with a rank
[[Page 133 STAT. 3063]]
not lower than Assistant Secretary or Assistant Administrator,
will be responsible for leading and overseeing the strategy.
(7) <<NOTE: List.>> A list of priority countries and
regions selected pursuant to section 505, including descriptions
of the rationale for such selections.
SEC. 505. <<NOTE: 22 USC 9804.>> SELECTION OF PRIORITY COUNTRIES
AND REGIONS.
(a) <<NOTE: President. Coordination. Consultation.>> In General.--
The President, in coordination with the Secretary of State, the
Administrator of the United States Agency for International Development,
and the Secretary of Defense, and in consultation with the appropriate
congressional committees specified in subsection (b), shall select
certain countries as ``priority countries'' and certain regions as
``priority regions'' for the purpose of implementing the Global
Fragility Strategy required under section 504--
(1) on the basis of--
(A) the national security interests of the United
States;
(B) clearly defined indicators of the levels of
violence or fragility in such country or region, such as
the country's or region's--
(i) ranking on recognized global fragility
lists, such as the Organization for Economic Co-
operation and Development States of Fragility
report, the Fund for Peace Fragile States Index,
the World Bank Harmonized List of Fragile
Situations, the Institute for Economics and Peace
Global Peace Index, and the Holocaust Museum Early
Warning Project Risk Assessment;
(ii) ranking on select United States
Government conflict and atrocity early warning
watch lists;
(iii) levels of violence, including violence
committed by armed groups, state actors, and
violent extremist organizations, gender-based
violence, and violence against children and youth;
and
(iv) vulnerability to rising sea levels,
flooding, drought, wildfires, desertification,
deforestation, food insecurity, and human
displacement; and
(C) an assessment of--
(i) the commitment and capacity of national
and sub-national government entities and civil
society partners in such country or region to work
with relevant Federal departments and agencies on
the Global Fragility Strategy, including by
demonstrating commitment to--
(I) improving inclusive,
transparent, and accountable power
structures, including effective,
legitimate, and resilient national and
sub-national institutions; and
(II) ensuring strong foundations for
human rights, rule of law, and equal
access to justice; and
(ii) the likelihood that United States
assistance under the Global Fragility Strategy
would measurably help to reduce fragility, prevent
the spread of extremism and violence, and
stabilize conflict-affected areas in each such
country or region; and
[[Page 133 STAT. 3064]]
(2) in a manner that ensures that not fewer than five
countries or regions are selected, including not fewer than two
in which the priority will be preventing violent conflict and
fragility, rather than stabilizing ongoing conflicts.
(b) <<NOTE: Briefing.>> Consultation With Congress.--Prior to
finalization of the selection of priority countries and regions under
subsection (a), representatives from the Department of State, USAID, the
Department of Defense, and other relevant Federal departments and
agencies, as necessary and appropriate, shall brief the appropriate
congressional committees on the countries and regions being considered
and shall consider congressional input on such prioritization.
SEC. 506. <<NOTE: 22 USC 9805.>> PRIORITY COUNTRY AND REGIONAL
PLANS.
Not <<NOTE: Deadline. President. Coordination.>> later than one
year after the date of the enactment of this Act, the President, in
coordination with the Secretary of State, the Administrator of the
United States Agency for International Development, the Secretary of
Defense, and the heads of other relevant Federal departments and
agencies, shall submit to the appropriate congressional committees ten-
year plans to align and integrate under the Global Fragility Strategy
established pursuant to section 504 all relevant diplomatic,
development, and security assistance and activities of the United States
Government with respect to each of the countries and regions selected
pursuant to section 505. Each such country and regional plan shall
include the following elements:
(1) Specific multi-year interagency plans for coordination
and implementation under each such plan.
(2) <<NOTE: Analysis.>> An up-to-date baseline analysis for
each such country or region, including an analysis of the
conditions that contribute to violence and fragility.
(3) Prioritized descriptions of the goals and objectives for
stabilizing conflict-affected areas, reducing fragility, and
preventing the spread of extremism and violence in each such
country.
(4) Descriptions of how and when the relevant goals,
objectives, plans, and benchmarks for each such country or
region will be incorporated into relevant United States country
or regional plans and strategies, including the National
Security Strategy of the United States, the Stabilization
Assistance Review, Department of State Integrated Country
Strategies, USAID Country Development Cooperation Strategies,
and Department of Defense Campaign Plans, Operational Plans, and
Regional Strategies, as well as any equivalent or successor
plans or strategies.
(5) Interagency plans to ensure that appropriate local
actors, including government and civil society entities, have an
appropriate ownership stake in developing, implementing,
monitoring, and evaluating relevant activities under each such
plan.
(6) Interagency plans to integrate existing and planned
security assistance and cooperation programs in each such
country or region with the strategy, and to mitigate risks
associated with such programs, including risks related to
corruption, governance, and human rights.
(7) <<NOTE: Assessments. Evaluations.>> Assessment,
monitoring, and evaluation frameworks for diplomatic,
development, and security assistance and activities,
[[Page 133 STAT. 3065]]
which shall be informed by consultations with the stakeholders
specified in section 504(b), with clear metrics for each such
country or region, as well as interagency plans for using such
frameworks to adapt such activities on a regular basis.
(8) Descriptions of available policy tools and how such
tools will be used to reduce fragility, prevent the spread of
extremism and violence, and stabilize conflict-affected areas in
each such country or region.
(9) A description of how planning and implementation of
assistance under the Global Fragility Strategy for each such
country or region will be coordinated in a manner that
strengthens partnerships and leverages the unique expertise and
resources of the United States Government and--
(A) governments of such countries;
(B) international development organizations;
(C) relevant international donors;
(D) multilateral organizations; and
(E) the private sector.
(10) A regional component outlining plans to address
relevant transnational issues and how each such country is
affected by or at risk of regional fragility or violence.
(11) When a region is selected, a component outlining plans
to address factors at the individual country level that affect
regional fragility or violence.
SEC. 507. <<NOTE: 22 USC 9806.>> IMPLEMENTATION.
The <<NOTE: President. Coordination.>> President, in coordination
with the Secretary of State, the Administrator of the United States
Agency for International Development, the Secretary of Defense, the
heads of other relevant Federal departments and agencies, relevant
United States ambassadors, USAID mission directors, geographic combatant
commanders, and other relevant individuals with responsibility over
activities in each priority country or region selected pursuant to
section 505, shall ensure that--
(1) the Global Fragility Strategy required under section
504, including each of the country plans developed under section
506, is implemented, updated, and coordinated on a regular
basis; and
(2) the strategy is used to guide United States Government
policy at a senior level and incorporated into relevant
strategies and plans across the United States Government such
that the activities of all relevant Federal departments and
agencies are consistent with the strategy.
SEC. 508. <<NOTE: 22 USC 9807.>> BIENNIAL REPORTS AND
CONGRESSIONAL CONSULTATION.
(a) <<NOTE: President.>> Biennial Reports.--Not later than two
years after the submission of the plans required in section 506, and
every two years thereafter until the date that is ten years after the
date of submission of such plans, the President, the Secretary of State,
the Administrator of the United States Agency for International
Development, the Secretary of Defense, and the heads of other relevant
Federal departments and agencies shall jointly submit to the appropriate
congressional committees an unclassified report, which may include a
classified annex, on progress made and lessons learned with respect to
implementation of the Global Fragility Strategy established pursuant to
section 504. The report shall include the following elements:
[[Page 133 STAT. 3066]]
(1) Descriptions of steps taken to incorporate the strategy
into any relevant, existing country and regional plans or
strategies.
(2) Accountings of all funding received and obligated to
implement each such country and regional plan during the
previous two years, and, to the extent feasible, projections of
funding to be requested, planned, and implemented for the
following two years.
(3) Descriptions of progress made towards achieving specific
targets, metrics, and indicators for each priority country and
region.
(4) <<NOTE: Assessments. Evaluations.>> Descriptions of any
changes made to programs based on the results of assessment,
monitoring, and evaluation for each priority country and region.
(b) <<NOTE: Briefings.>> Congressional Consultation.--The Secretary
of State, the Administrator of the United States Agency for
International Development, and the Secretary of Defense shall provide to
any appropriate congressional committee briefings on the implementation
of this title upon the request of any such committee.
SEC. 509. <<NOTE: 22 USC 9808.>> AUTHORIZATION OF APPROPRIATIONS.
(a) Prevention and Stabilization Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, which shall be known as the
``Prevention and Stabilization Fund'' (in this subsection
referred to as ``The Fund''), to be administered by the
Department of State and USAID, as appropriate, to support
stabilization of conflict-affected areas and to mitigate
fragility, including through the Global Fragility Strategy
established pursuant to section 504, which shall replace the
Relief and Recovery Fund.
(2) Authorization of appropriations.--There is authorized to
be appropriated to the Fund $200,000,000 for each of the fiscal
years 2020 through 2024.
(3) Purposes of the fund.--
(A) In general.--Amounts authorized to be
appropriated to the Fund shall be used--
(i) to support stabilization of conflict-
affected areas and prevent global fragility,
including through the Global Fragility Strategy
established pursuant to section 504; and
(ii) to provide assistance to areas liberated
or at risk from, or under the control of, the
Islamic State of Iraq and Syria, other terrorist
organizations, or violent extremist organizations,
including for stabilization assistance for
vulnerable ethnic and religious minority
communities affected by conflict.
(B) Amounts in addition.--Amounts authorized to be
appropriated to the Fund under this section are in
addition to any funds otherwise made available for the
purposes described in paragraph (1).
(4) <<NOTE: Time period.>> Congressional notification.--
Funds may not be obligated under this section unless the
congressional committees specified in section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) are notified
of the amount and nature of such proposed obligation at least 15
days in advance of such proposed obligation, in accordance with
the procedures
[[Page 133 STAT. 3067]]
applicable to notifications regarding reprogrammings pursuant to
such section.
(b) Complex Crisis Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, which shall be known as the ``Complex
Crises Fund'' (in this subsection referred to as the ``Fund''),
to be administered by USAID, to support programs and activities
to prevent or respond to emerging or unforeseen events overseas,
including to support the Global Fragility Strategy established
pursuant to section 504.
(2) Authorization of appropriations.--There is authorized to
be appropriated to the Fund $30,000,000 for each of the fiscal
years 2020 through 2024, which shall remain available until
expended.
(3) Purposes of the fund.--
(A) In general.--Notwithstanding any other provision
of law, except section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d), amounts in the Fund may
be used to carry out the provisions of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to
support programs and activities to prevent or respond to
emerging or unforeseen foreign challenges and complex
crises overseas, including through the Global Fragility
Strategy established pursuant to section 504.
(B) Amounts in addition.--Amounts authorized to be
appropriated to the Fund are in addition to any amounts
otherwise made available for the purposes described in
subparagraph (A).
(4) Limitations.--
(A) In general.--Amounts in the Fund may not be
expended for lethal assistance or to respond to natural
disasters.
(B) Administrative expenses.--Not more than five
percent of the amounts in the Fund may be used for
administrative expenses.
(5) <<NOTE: Time period.>> Congressional notification.--The
United States Agency for International Development shall notify
the appropriate congressional committees not less than five days
prior to the obligation of amounts in the Fund.
(6) Waiver.--The notification requirement under paragraph
(5) may be waived if--
(A) notification by the deadline specified in such
paragraph would pose a substantial risk to human health
or welfare; and
(B) the appropriate congressional committees--
(i) <<NOTE: Deadline.>> are notified as early
as practicable but in no event later than three
days after an obligation of amounts from the Fund;
and
(ii) are provided with an explanation of the
emergency circumstances that necessitated such
waiver.
SEC. 510. <<NOTE: 22 USC 9809.>> IMPROVING AND LEVERAGING
ASSISTANCE FOR THE GLOBAL FRAGILITY
STRATEGY.
(a) Sense of Congress.--It is the sense of Congress that the
President, the Secretary of State, the Administrator of the United
States Agency for International Development, the Secretary
[[Page 133 STAT. 3068]]
of Defense, and the heads of other relevant Federal departments and
agencies should--
(1) develop more adaptive and responsive policy and program
planning, implementation, and scaling under the Global Fragility
Strategy established pursuant to section 504, and work with the
appropriate congressional committees to identify any legislative
changes that may be necessary to support such efforts;
(2) better integrate the strategy and other conflict and
violence reduction objectives and activities into other policy
and program areas, where appropriate; and
(3) support transparent and accountable multilateral funds,
initiatives, and strategies to enhance and better coordinate
private and public efforts to stabilize conflict-affected areas
and prevent violence and fragility globally.
(b) Other Funding and Cost Matching.--The Global Fragility Strategy
established pursuant to section 504--
(1) <<NOTE: Consultation.>> may, after consultation with
the appropriate congressional committees, be supported with
funds other than funds authorized to be appropriated pursuant to
section 509; and
(2) shall seek to leverage funds from sources other than the
United States Government in order to promote coordination and
cost-matching to the maximum extent practicable.
(c) Multi-donor Global Fragility Fund.--
(1) <<NOTE: Consultation.>> Authority.--Pursuant to
sections 607 and 632 of the Foreign Assistance Act of 1961 (22
U.S.C. 2357 and 2392), and consistent with subsection (b), and
after consultation with the appropriate congressional
committees, the Secretary of State is authorized to establish
funding mechanisms, to include the establishment of a Global
Fragility Fund, to leverage, receive, coordinate, and program
funds provided by other donors and private sector partners to
carry out the purposes of this title.
(2) Purposes.--A funding mechanism established pursuant to
paragraph (1) should--
(A) include input from and participation by key
bilateral and multilateral donors, representatives of
civil society, relevant nongovernmental organizations
and private sector entities, and developing countries
where fragility threatens to exacerbate violent
extremism and undermine development;
(B) enhance donor coordination and cooperation;
(C) advance clearly defined goals, objectives, and
metrics for monitoring, evaluating, and measuring
progress; and
(D) focus on strengthening national and local good
governance and conflict resolution capacity in fragile
and conflict-affected areas over the long-term through
comprehensive, compact-based agreements that support
country-led strategies.
(3) <<NOTE: Time period.>> Congressional notification.--
Funds may not be obligated under this section except in
consultation with the appropriate congressional committees and
subject to the notification of such committees of the amount and
proposed uses of such funds at least 15 days in advance of such
proposed obligation.
[[Page 133 STAT. 3069]]
SEC. 511. <<NOTE: 22 USC 9810.>> RULE OF CONSTRUCTION.
Nothing in this title shall be construed as a declaration of war or
an authorization for the use of military force.
TITLE VI-- <<NOTE: Rescuing Animals With Rewards Act of
2019.>> COMBATING WILDLIFE TRAFFICKING
SEC. 601. <<NOTE: 22 USC 2651 note.>> SHORT TITLE.
This title may be cited as the ``Rescuing Animals With Rewards Act
of 2019'' or the ``RAWR Act''.
SEC. 602. <<NOTE: 22 USC 2708 note.>> FINDINGS; SENSE OF
CONGRESS.
(a) Findings.--Congress finds the following:
(1) Wildlife trafficking is a major transnational crime that
is estimated to generate over $10 billion a year in illegal
profits and which is increasingly perpetrated by organized,
sophisticated criminal enterprises, including known terrorist
organizations.
(2) Wildlife trafficking not only threatens endangered
species worldwide, but also jeopardizes local security, spreads
disease, undermines rule of law, fuels corruption, and damages
economic development.
(3) Combating wildlife trafficking requires a coordinated
and sustained approach at the global, regional, national, and
local levels.
(4) Congress stated in the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 that it is the policy
of the United States to take immediate actions to stop the
illegal global trade in wildlife and wildlife products and
associated transnational organized crime.
(b) Sense of Congress.--It is the sense of Congress that the
Department of State's rewards program is a powerful tool in combating
sophisticated international crime and that the Department of State and
Federal law enforcement should work in concert to offer rewards that
target wildlife traffickers.
SEC. 603. WILDLIFE TRAFFICKING PREVENTION AWARDS PROGRAM.
Subparagraph (B) of section 36(k)(5) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amended by inserting
``wildlife trafficking (as defined by section 2(12) of the Eliminate,
Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C.
7601(12); Public Law 114-231)) and'' after ``includes''.
TITLE VII-- <<NOTE: Championing American Business Through Diplomacy
Act of 2019.>> CHAMPIONING AMERICAN BUSINESS THROUGH DIPLOMACY
SEC. 701. <<NOTE: 22 USC 9901 note.>> SHORT TITLE.
This title may be cited as the ``Championing American Business
Through Diplomacy Act of 2019''.
SEC. 702. <<NOTE: 22 USC 9901.>> FINDINGS.
Congress makes the following findings:
(1) According to the 2017 National Security Strategy of the
United States of America, ``Retaining our position as the
[[Page 133 STAT. 3070]]
world's preeminent economic actor strengthens our ability to use
the tools of economic diplomacy for the good of Americans and
others.''.
(2) A November 7, 2018, cable from Secretary of State
Michael R. Pompeo to all diplomatic and consular posts--
``Boosting Commercial Diplomacy Around the World''--stated that
``helping American companies is a foreign policy priority. .
.Promoting broad-based, responsible, and sustainable economic
growth helps to stabilize regions and creates new and growing
markets for U.S. companies. A transparent and level playing
field for U.S. investment in these countries counters real and
growing challenges such as China's Belt and Road initiative.''.
(3) In the January-February 2019 issue of The Foreign
Service Journal, Ambassador Barbara Stephenson, the President of
the American Foreign Service Association, wrote, ``Foreign
Service support for American business. . .is a major reason why
the U.S. Foreign Service was created.''.
SEC. 703. ECONOMIC DIPLOMACY WITHIN THE DEPARTMENT OF STATE.
Subsection (c) of section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for economic and business
matters.--
``(A) <<NOTE: Establishment.>> In general.--Subject
to the numerical limitation specified in paragraph (1),
there is authorized to be established in the Department
of State an Assistant Secretary of State who shall be
responsible to the Secretary of State for matters
pertaining to international economics and business
matters in the conduct of foreign policy.
``(B) Matters contemplated.--The matters referred to
in subparagraph (A) include the following:
``(i) International trade and investment
policy.
``(ii) International finance, economic
development, and debt policy.
``(iii) Economic sanctions and combating
terrorist financing.
``(iv) International transportation policy.
``(v) Support for United States businesses.
``(vi) Economic policy analysis and private
sector outreach.
``(vii) International data privacy and
innovation policies.
``(viii) Such other related duties as the
Secretary may from time to time designate.''.
SEC. 704. CHIEF OF MISSION RESPONSIBILITIES.
Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is
amended by adding at the end the following new subsection:
``(d) Promotion of United States Economic Interests.--Each chief of
mission to a foreign country shall have as a principal duty the
promotion of United States economic and commercial interests in such
country.''.
[[Page 133 STAT. 3071]]
SEC. 705. INCREASED TRAINING IN ECONOMIC AND COMMERCIAL DIPLOMACY.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following new subsection:
``(d) Economic and Commercial Diplomacy.--The Secretary of State,
with the assistance of other relevant officials and the private sector,
shall establish as part of the standard training provided for economic
and commercial officers of the Foreign Service, chiefs of mission, and
deputy chiefs of mission, training on matters related to economic and
commercial diplomacy, with particular attention to market access and
other elements of an enabling framework for United States businesses,
commercial advocacy, and United States foreign economic policy, in
addition to awareness about the support of the United States Government
available to United States businesses, including support provided by the
Department of Agriculture, the Department of Commerce, the Export-Import
Bank of the United States, the Millennium Challenge Corporation, the
Trade and Development Agency, the Department of the Treasury, the United
States Agency for International Development, and the United States
International Development Finance Corporation.''.
SEC. 706. <<NOTE: 22 USC 9902.>> REPORT FROM EACH MISSION ON
MATTERS OF COMMERCIAL RELATIONS.
(a) <<NOTE: Deadline. Plans.>> In General.--Not later than 1 year
after the date of the enactment of this Act and annually thereafter, the
chief of mission at each bilateral diplomatic mission of the United
States and the Director of the American Institute in Taiwan shall submit
to the Secretary of State mission plans that include the following:
(1) <<NOTE: Data.>> Data and other information regarding
actions taken by each such mission or Institute during the
previous year to foster commercial relations and safeguard
United States economic and business interests in the country or
region in which each such chief of mission and the Director
serves.
(2) Each such mission's and Institute's anticipated economic
and commercial priorities for the coming year.
(b) Report to Congress.--The Secretary of State, after receiving the
information required under subsection (a), shall submit to the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report, disaggregated by country or
region, on activities and initiatives, including with appropriate
examples, to create an enabling environment and otherwise promote United
States economic and business interests in each such country or region,
as well as information about significant foreign competition to United
States businesses in the relevant country or region, including state-
directed investments by foreign governments and United States strategic
competitors in such country or region.
SEC. 707. <<NOTE: 22 USC 9903.>> CONSOLIDATED REPORT ON UNIFIED
INVESTMENT CLIMATE STATEMENT AND COUNTRY
COMMERCIAL GUIDE.
(a) <<NOTE: Public information. Web posting.>> In General.--The
Secretary of State and the Secretary of Commerce shall jointly produce
and make publicly available on a United States Government internet
website an annual country- and region-specific report regarding
commercial relations with foreign countries and regions and safeguarding
United States economic and business interests abroad, including with
regard to United
[[Page 133 STAT. 3072]]
States exports and investments, including by small- and medium-size
enterprises.
(b) Matters To Be Included.--Each report required under subsection
(a) shall include the following with respect to each country or region
covered by each such report:
(1) Information about doing business in each country or
region.
(2) Background information about each country's or region's
political environment.
(3) Information about selling United States products and
services in each country or region.
(4) Leading sectors for United States exports and investment
in each country or region.
(5) Information about trade regulations, customs, and
standards in each country or region, such as--
(A) information on import tariffs; and
(B) documentation about which United States
businesses should be aware when exporting, including any
prohibited items or temporary entry procedures.
(6) Investment climate statements describing each country's
or region's openness to foreign investments, such as information
relating to each country's or region's--
(A) investment policies;
(B) market barriers;
(C) business risks;
(D) legal and regulatory system, including dispute
resolution;
(E) level of public and private sector corruption;
(F) level of political violence and instability;
(G) adherence to internationally recognized core
labor standards; and
(H) protection of property rights.
(7) Information about trade and project financing in each
country or region, such as each country's or region's--
(A) banking and financial system, and how United
States businesses typically get paid;
(B) foreign exchange controls; and
(C) important sources of funding for project
financing.
(8) Relevant business travel information and business
customs in each country or region.
(9) Information about services and personnel of the
diplomatic mission of the United States available to United
States businesses to support their activities in each country or
region.
(10) Any significant trade or commercial agreement that
exists between the United States and each country or region.
(11) A point of contact at the diplomatic or consular
mission of the United States in each country or region for
United States businesses.
(c) Rule of Construction.--Nothing in this section may be construed
to require the duplication of existing reports.
SEC. 708. <<NOTE: 22 USC 9904.>> WHOLE-OF-GOVERNMENT COORDINATION
AND CONSULTATION TO SUPPORT UNITED STATES
ECONOMIC AND BUSINESS INTERESTS.
(a) In General.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International Development,
the Secretary of Commerce, the Secretary of the
[[Page 133 STAT. 3073]]
Treasury, and the United States Trade Representative, shall have primary
responsibility for coordinating a whole-of-government effort to expand
United States efforts in supporting United States economic and business
interests abroad. The Secretary may delegate responsibilities under this
Act to a senior, Senate-confirmed Department of State official.
(b) Responsibilities.--The Secretary shall--
(1) chair the interagency coordinating committee established
under subsection (c);
(2) develop and implement the joint strategic plan required
under subsection (c)(4) for all United States trade-related and
trade capacity building and related technical assistance
programs, in consultation with the coordinating committee
established under subsection (c);
(3) advise the Federal departments and agencies designated
by the President to participate in the interagency coordinating
committee under this section in identifying the most needed and
effective ways for United States diplomatic and consular posts
and the departments and agencies that staff such posts to
support the expansion of United States trade relations with host
governments;
(4) consult with the private sector in the development of
government-wide trade expansion efforts, including establishing
a point of contact and lead office within the Department of
State to receive private-sector recommendations and comments
concerning trade capacity assistance, coordination,
consultations, and country-specific issues;
(5) consult with the Office of Management and Budget
regarding the administrative and human resources needs that may
be required to implement the provisions of this title; and
(6) <<NOTE: Briefing. Recommenda- tions.>> brief Congress
on trade capacity building programs and make recommendations, as
appropriate, to Congress for improvements in trade capacity
building efforts.
(c) Economic Diplomacy Action Group.--
(1) <<NOTE: President.>> Establishment.--The President
shall establish an interagency coordinating committee, to be
known as the ``Economic Diplomacy Action Group'', to coordinate
and carry out the purposes of this section.
(2) Leadership.--The Group shall be chaired by the Secretary
of State and the vice-chairs shall be the United States Trade
Representative and the Secretary of Commerce. The Secretaries
and the United States Trade Representative may delegate
responsibilities under this Act to appropriate, senior, Senate-
confirmed officials.
(3) <<NOTE: President. Appointments.>> Membership.--The
President may appoint to the Group senior officials from the
United States Agency for International Development, the
Department of Agriculture, the Department of the Treasury, the
Export-Import Bank, the United States Development Finance
Corporation, and any such other relevant executive branch
department or agency as the President determines to be
substantially involved in trade capacity building and related
assistance efforts in developing countries.
(4) Development of joint strategic plan.--The Group shall
develop a joint strategic plan for all United States capacity
building and technical assistance programs.
(d) Diplomacy Trade Expansion Advisory Committee.--
[[Page 133 STAT. 3074]]
(1) Establishment of teac.--The Chair and Vice-Chairs of the
Economic Diplomacy Action Group shall establish a trade
expansion advisory committee with selected representatives of
the United States private sector and other organizations,
including labor organizations, with direct and relevant
operational experience in importing from and exporting into
developing countries, as appropriate, to provide comment and
advice on priorities for <<NOTE: Appointments.>> trade
expansion initiatives. The Chair and Vice-Chairs of the Group
may also appoint representatives from select non-profit
organizations to the advisory committee if such representatives
can demonstrate both a presence in and relevant operational or
programmatic experience with trade capacity building efforts in
developing countries.
(2) Meetings.--The trade expansion advisory committee shall
convene at least twice annually or more often as necessary at
the call of the Chair and Vice-Chairs of the Group.
(3) Strategic planning advice.--The trade expansion advisory
committee shall advise the Chair and Vice-Chairs of the Group on
ways that embassies can better support the United States private
sector abroad, including assisting the Chair and Vice-Chairs--
(A) in soliciting private-sector advice;
(B) with respect to implementation of strategic
planning; and
(C) in advancing the overall mission and goals of
United States national security.
SEC. 709. <<NOTE: 22 USC 9905.>> PRIVATE SECTOR CONSULTATION AND
COORDINATION.
(a) Consultation With Private Sector by Embassy.--In developing the
priorities for trade expansion initiatives described in section 708(d),
embassy mission teams shall convene local representatives of the United
States private sector and the private sector of host countries to
consult on issues affecting trade at the borders of such countries and
take into account the private sector's operational expertise and
experience confronting the trade barriers in such countries as well as
its recommendations for reform and best practices.
(b) Inclusion of Private-sector Comments in Mission Plans.--
<<NOTE: Recommenda- tions.>> Written comments from local United States
private sector representatives shall be included in the trade expansion
component of mission plans submitted by the chief of mission to the
Secretary of State, with recommendations and comments from the mission
team, for the purpose of informing the development of the joint
strategic plan on trade expansion priorities required pursuant to
section 708(c)(4) and recommended funding for the implementation of such
plan.
(c) Designated Embassy Point of Contact for Private Sector
Consultation.--Each chief of mission shall designate an appropriate
point of contact within the embassy who shall receive recommendations
from appropriate private sector representatives regarding the
implementation of the strategic plan required under section 708(c)(4)
and ongoing trade barriers negatively impacting priority trade
expansion. The chief of mission shall ensure that the designated point
of contact shall be reasonably available for consultations with
appropriate private sector representatives and to receive
recommendations with respect to country-specific issues that may arise
that will foreseeably disrupt trade.
[[Page 133 STAT. 3075]]
(d) Requirement to Protect Business Confidential Information.--
(1) In general.--The Secretary of State, Secretary of
Commerce, and United States Trade Representative as well as the
heads of all other agencies involved in the Economic Diplomacy
Action Group established under section 708(c) shall protect from
disclosure any proprietary information submitted by any private
sector representative and marked as ``business confidential
information'', unless the party submitting the confidential
business information had notice, at the time of submission, that
such information would be released by the head of any such
department or agency, or such party subsequently consents to the
release of the information. To the extent business confidential
information is provided, a non-confidential version of the
information shall also be provided, in which the business
confidential information is summarized or, if necessary,
deleted.
(2) Treatment as trade secrets.--Proprietary information
submitted by a private party in accordance with this Act shall
be considered to be a matter falling within the meaning of trade
secrets and commercial or financial information exemption under
section 552(b)(4) of title 5, United States Code, and shall be
exempt from disclosure without the express approval of the
private party.
SEC. 710. <<NOTE: 22 USC 9906.>> IMPROVING AWARENESS OF UNITED
STATES GOVERNMENT
TOOLS AND SERVICES TO SUPPORT UNITED
STATES
BUSINESSES OVERSEAS.
The Secretary of State and the Secretary of Commerce shall take
actions to improve the awareness of United States businesses with
respect to United States Government tools and services to assist such
businesses overseas, especially small and medium-sized enterprises,
including by coordinating with State trade agencies, Export Assistance
Centers, and Small Businesses Development Centers.
SEC. 711. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report on United States economic and commercial diplomacy.
(b) <<NOTE: Assessments.>> Matters To Be Included.--The report
required under subsection (a) shall include an assessment of the
following:
(1) What is known about the effectiveness of United States
economic and commercial diplomacy in influencing foreign
governments and supporting United States businesses abroad.
(2) Coordination between the Department of State and the
Department of Commerce with respect to United States economic
and commercial diplomacy.
(3) The effectiveness of training provided pursuant to
subsection (d) of section 708 of the Foreign Service Act of 1980
(as added by section 705 of this title) on matters relating to
economic and commercial diplomacy.
(4) The status and effectiveness of actions taken by the
Secretary of State under section 710 of this title regarding
[[Page 133 STAT. 3076]]
commercial relations with foreign countries and regions and
safeguarding United States economic and business interests
abroad.
(5) The status of the U.S. Commercial Service of the
Department of Commerce and its effectiveness in advancing the
economic and business interests of the United States abroad.
(6) The status of the Foreign Service economics officers and
their effectiveness in advancing the economic and business
interests of the United States abroad.
(7) Recommendations to improve United States economic and
commercial diplomacy.
TITLE VIII-- <<NOTE: United States Commission on International Religious
Freedom Reauthorization Act of 2019.>> UNITED STATES COMMISSION ON
INTERNATIONAL RELIGIOUS FREEDOM REAUTHORIZATION
SEC. 801. <<NOTE: 22 USC 6401 note.>> SHORT TITLE.
This title may be cited as the ``United States Commission on
International Religious Freedom Reauthorization Act of 2019''.
SEC. 802. REAUTHORIZATION.
Section 209 of the International Religious Freedom Act of 1998 (22
U.S.C. 6436) is amended by striking ``2019'' and inserting ``2022''.
SEC. 803. COMPOSITION OF COMMISSION.
Section 201 of the International Religious Freedom Act of 1998 (22
U.S.C. 6431) is amended--
(1) in subsection (b)(2)--
(A) by striking ``(A) In general.--''; and
(B) by striking subparagraph (B);
(2) by amending subsection (d) to read as follows:
``(d) Election of Chair and Vice Chair.--At the first meeting of the
Commission after May 30 of each year, a majority of the members of the
Commission who are present and voting shall elect a Chair and a Vice
Chair. The Vice Chair shall have been appointed by an officeholder from
a different political party than the officeholder who appointed the
member of the Commission who was elected Chair. The positions of Chair
and Vice Chair shall be rotated annually between members who were
appointed to the Commission by officeholders of different political
parties.'';
(3) in subsection (f), by striking ``Country Report on Human
Rights Practices'' and inserting ``International Religious
Freedom Report''; and
(4) by adding at the end the following:
``(j) Removal.--If a payment is made under section 415(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) for an award
or settlement in connection with a claim alleging a violation of
unlawful harassment, intimidation, reprisal, or discrimination under the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) that
was committed personally by an individual who, at the time of committing
the violation, was a Member of the Commission, the Member shall be
removed from the Commission.''.
[[Page 133 STAT. 3077]]
SEC. 804. DUTIES AND POWERS OF THE COMMISSION.
(a) Duties.--Section 202(e) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6432) is amended--
(1) by striking ``The Commission'' and inserting the
following:
``(1) In general.--The Commission''; and
(2) by adding at the end the following:
``(2) Tracking; review.--The Commission shall regularly--
``(A) track the implementation by the United States
Government of the recommendations it makes under
paragraph (1); and
``(B) review, to the extent practicable, the
effectiveness of such implemented recommendations in
advancing religious freedom internationally.''.
(b) Powers.--Section 203(e) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6432a(e)) is amended by adding at the end the
following: ``If a Member of <<NOTE: Notification.>> the Commission is
invited to speak at an event in his or her capacity as a Commissioner,
the Member shall provide notice of the request to all Commissioners and
the Executive Director as soon as the Commissioner becomes aware of such
invitation. Speeches and responses to questions at official events shall
reflect the views of the Commission. Official speeches and other
prepared materials shall be made available to all Commissioners in
advance of the event. If a Commissioner is speaking in his or her
private capacity, he or she shall include qualifying language that the
views they are representing are his or her own views and not the views
of the Commission.''.
SEC. 805. COMMISSION PERSONNEL MATTERS.
(a) In General.--Section 204 of the International Religious Freedom
Act of 1998 (22 U.S.C. 6432b) is amended--
(1) in subsection (b)--
(A) by striking ``fix the compensation of the
Executive Director and other personnel'' and inserting
``provide reasonable compensation to the Executive
Director'';
(B) by striking ``and other personnel may not exceed
the rate payable for level V of the Executive Schedule
under section 5316'' and inserting ``may not exceed the
rate payable under level II of the Executive Schedule
under section 5313''; and
(C) by adding at the end the following: ``The rate
of pay for other personnel of the Commission may not
exceed the rate payable for level IV of the Executive
Schedule under section 5315 of such title. All employees
of the Commission shall otherwise be treated as
employees whose pay is disbursed by the Secretary of the
Senate, including for purposes of applying the Standing
Rules of the Senate. The Commission shall be treated as
an employing office of the Senate.'';
(2) in subsection (f), by striking ``the commission, for the
executive director'' and inserting ``the Commission, for the
Executive Director''; and
(3) by striking subsection (g).
(b) Coverage of Commission Employees.--Section 101(b) of the
Congressional Accountability Act (2 U.S.C. 1301(b)) is amended--
[[Page 133 STAT. 3078]]
(1) in paragraph (1), by inserting ``the United States
Commission on International Religious Freedom,'' after ``With
respect to'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) by inserting ``(A)'' before ``Subject to
paragraph (3),''; and
(C) by adding at the end the following:
``(B) Legal assistance and representation under this
chapter, including assistance and representation with
respect to the proposal or acceptance of the disposition
of a claim under this chapter, shall be provided to the
United States Commission on International Religious
Freedom by the Office of Senate Chief Counsel for
Employment of the Senate, in the case of assistance and
representation in connection with a claim filed under
subchapter IV (including all subsequent proceedings
under such subchapter in connection with such claim).'';
and
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) <<NOTE: Definition.>> the term `United States
Commission on International Religious Freedom' means the
Commission established under section 201 of the
International Religious Freedom Act of 1998 (22 U.S.C.
6431 et seq.).''.
SEC. 806. COMMISSION TRAVEL AND ANNUAL DISCLOSURES.
(a) Duties.--Section 201(i) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6431(i)) is amended by striking ``are subject
to'' and inserting ``shall comply with''.
(b) Powers.--Section 203(f) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6432a(f)) is amended--
(1) by striking ``The Members of the Commission'' and
inserting the following:
``(1) In general.--The Members of the Commission''; and
(2) by adding at the end the following:
``(2) Prohibition against payment of official travel by non-
federal sources.--Members of the Commission and Commission staff
may not accept payment from a non-Federal source for expenses
related to official travel on behalf of the Commission.''.
(c) Annual Disclosures.--Section 203 of the International Religious
Freedom Act of 1998, as amended by subsection (b), is further amended by
adding at the end the following:
``(g) <<NOTE: Reports. Time period.>> Annual Disclosures.--Not later
than March 1 of each year, each Member of the Commission shall submit a
report to the appropriate congressional committees (as defined in
section 4(a) of the United States Commission on International Religious
Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(a)) with respect to
the most recently concluded 12-month period, that discloses any travel
by the Member outside of the United States that was paid for or
reimbursed by a person or entity other than the Member, a relative of
the Member, or the Federal Government, including--
[[Page 133 STAT. 3079]]
``(1) who paid for or reimbursed the travel;
``(2) <<NOTE: Cost estimate.>> a good faith estimate of the
cost of the travel, if the travel was funded by a person or
entity that does not employ the Member; and
``(3) brief details of the travel and events related to such
travel.''.
SEC. 807. <<NOTE: Deadline. Time period.>> STRATEGIC PLAN.
Section 4(d) of the United States Commission on International
Religious Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(d)) is
amended by striking ``Not later than 180 days after the date of the
enactment of the Act, and not less frequently than biennially
thereafter'' and inserting ``Not later than 180 days after the date of
the enactment of this Act, and every 2 years thereafter''.
SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
Section 207(a) of the International Religious Freedom Act of 1998
(22 U.S.C. 6435(a)) is amended by striking ``2016 to 2019'' and
inserting ``2019 through 2022''.
SEC. 809. RECORD RETENTION.
Section 208 of the International Religious Freedom Act of 1998 (22
U.S.C. 6435a) is amended by adding at the end the following:
``(f) Commission Records.--The Commission shall comply with all of
the records management requirements set forth in chapter 31 of title 44,
United States Code (commonly referred to as the `Federal Records Act of
1950').
``(g) Official Email for Commission Business.--When conducting any
Commission business on electronic accounts, Commission Members and staff
shall use official Commission electronic accounts.''.
TITLE IX--OTHER MATTERS
SEC. 901. <<NOTE: 22 USC 2680b.>> SPECIAL RULES FOR CERTAIN
MONTHLY WORKERS' COMPENSATION PAYMENTS AND
OTHER PAYMENTS FOR DEPARTMENT OF STATE
PERSONNEL UNDER CHIEF OF MISSION
AUTHORITY.
(a) Adjustment of Compensation for Certain Injuries.--
(1) Increase.--The Secretary of State may pay an additional
monthly monetary benefit, provided that the covered employee is
receiving benefits under section 8105 or 8106 of title 5, United
States Code, and may determine the amount of each monthly
monetary benefit amount by taking into account--
(A) the severity of the qualifying injury;
(B) the circumstances by which the covered employee
became injured; and
(C) the seniority of the covered employee,
particularly for purposes of compensating for lost
career growth.
(2) Maximum.--Notwithstanding chapter 81 of title 5, United
States Code, the total amount of monthly compensation increased
under paragraph (1) may not exceed the monthly pay of the
maximum rate of basic pay for GS-15 of the General Schedule
under section 5332 of such title.
[[Page 133 STAT. 3080]]
(b) Costs for Treating Qualifying Injuries.--The Secretary of State
may pay the costs of or reimburse for diagnosing and treating--
(1) a qualifying injury of a covered employee for such
costs, that are not otherwise covered by chapter 81 of title 5,
United States Code, or other provision of Federal law; or
(2) a covered individual, or a covered dependent, for such
costs that are not otherwise covered by Federal law.
(c) Information Exchange.--To avoid duplicate or otherwise improper
payments under this subsection, the Secretary of Labor and the Secretary
of State shall exchange information about the amounts paid for treatment
of qualifying injuries.
(d) <<NOTE: Deadline.>> Regulations.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of State shall--
(1) prescribe regulations ensuring the fair and equitable
implementation of this section; and
(2) submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives such regulations.
(e) Definitions.--In this section:
(1) Covered dependent.--The term ``covered dependent'' means
a family member (as defined by the Secretary of State) of a
employee who, on or after January 1, 2016--
(A) accompanies the employee to an assigned duty
station in a foreign country under chief of mission
authority; and
(B) becomes injured by reason of a qualifying
injury.
(2) Covered employee.--The term ``covered employee'' means
an employee of the Department of State who, on or after January
1, 2016, becomes injured by reason of a qualifying injury and
was assigned to a duty station in the Republic of Cuba, the
People's Republic of China, or another foreign country
designated by the Secretary of State pursuant to subsection (f).
(3) Covered individual.--The term ``covered individual''
means an individual who, on or after January 1, 2016, becomes
injured by reason of a qualifying injury and is--
(A) detailed to a duty station in the Republic of
Cuba, the People's Republic of China, or another foreign
country designated by the Secretary of State pursuant to
subsection (f); or
(B) affiliated with the Department of State, as
determined by the Secretary of State.
(4) Qualifying injury.--The term ``qualifying injury'' means
the following:
(A) With respect to a covered dependent, an injury
incurred--
(i) during a period in which the covered
dependent is accompanying an employee to an
assigned duty station in the Republic of Cuba, the
People's Republic of China, or another foreign
country designated by the Secretary of State
pursuant to subsection (f);
(ii) in connection with war, insurgency,
hostile act, terrorist activity, or other incident
designated by the Secretary of State; and
(iii) that was not the result of the willful
misconduct of the covered dependent.
[[Page 133 STAT. 3081]]
(B) With respect to a covered employee or a covered
individual, an injury incurred--
(i) during a period of assignment to a duty
station in the Republic of Cuba, the People's
Republic of China, or another country designated
by the Secretary of State pursuant to subsection
(f);
(ii) in connection with war, insurgency,
hostile act, terrorist activity, or other incident
designated by the Secretary of State; and
(iii) that was not the result of the willful
misconduct of the covered employee or the covered
individual.
(f) Designation by the Secretary of State of Another Foreign Country
or Duty Station.--The <<NOTE: Reports.>> Secretary of State may
designate another foreign country for the purposes of this section,
provided that the Secretary reports such designation to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives, and includes in such report a rationale
for each such designation. The Secretary of State may not designate an
added foreign country or duty station for purposes of providing
additional monetary benefit pursuant to subsection (a) or (b) for a
qualifying injury to covered employees, covered dependents, or covered
individuals under this section unless the Secretary of State--
(1) <<NOTE: Notification.>> provides to the Committees on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives 30 days' notice of the
designation of a particular additional country or duty station
and the rationale for such addition; and
(2) provides no such additional monetary benefit pursuant to
subsection (a) or (b) to covered employees, covered dependents,
or covered individuals for a qualifying injury until the 30-day
notice period expires, unless there is written agreement by both
the Chair and Ranking Members of both the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives that there is no objection to
proceeding with provision of such monetary benefit compensation
in less than 30 days.
(g) Treatment of Amounts.--For purposes of section 104 of the
Internal Revenue Code of 1986, amounts paid pursuant to this section
shall be treated as amounts described in subsection (a)(5) of such
section.
(h) Application.--
(1) <<NOTE: Effective date.>> In general.--This section
shall apply with respect to--
(A) payments made to covered employees (as defined
in such section) under section 8105 or 8106 of title 5,
United States Code, beginning on or after January 1,
2016; and
(B) diagnosis or treatment described in subsection
(b) occurring on or after January 1, 2016.
(2) Rule of construction.--Nothing in this section shall
modify or otherwise supersede chapter 81 of title 5, or chapter
11 of title 42 United States Code. Monetary benefits and
treatment expenses paid under this section shall not be
considered payments under any workers' compensation law.
[[Page 133 STAT. 3082]]
SEC. 902. <<NOTE: Deadline. Coordination.>> DECLASSIFICATION OF
INFORMATION RELATED TO CERTAIN ACTIONS BY
SAUDI ARABIAN OFFICIALS.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Federal Bureau of Investigation, in coordination
with the Director of National Intelligence, shall declassify, with any
redactions necessary to protect intelligence sources and methods, any
and all information related to whether the Government of Saudi Arabia
materially assisted or facilitated any citizen or national of Saudi
Arabia in departing from the United States while the citizen or national
was awaiting trial or sentencing for a criminal offense committed in the
United States.
SEC. 903. <<NOTE: Promoting Security and Justice for Victims of
Terrorism Act of 2019. 18 USC 2333
note. Deadlines.>> PROMOTING SECURITY AND
JUSTICE FOR VICTIMS OF TERRORISM.
(a) Short Title.--This section may be cited as the Promoting
Security and Justice for Victims of Terrorism Act of 2019.
(b) Facilitation of the Settlement of Terrorism-related Claims of
Nationals of the United States.--
(1) Comprehensive process to facilitate the resolution of
anti-terrorism act claims.--The <<NOTE: Consultation.>>
Secretary of State, in consultation with the Attorney General,
shall, not later than 30 days after the date of enactment of
this Act, develop and initiate a comprehensive process for the
Department of State to facilitate the resolution and settlement
of covered claims.
(2) Elements of comprehensive process.--The comprehensive
process developed under paragraph (1) shall include, at a
minimum, the following:
(A) <<NOTE: Federal Register,
publication. Notice.>> Not later than 45 days after the
date of enactment of this Act, the Department of State
shall publish a notice in the Federal Register
identifying the method by which a national of the United
States, or a representative of a national of the United
States, who has a covered claim, may contact the
Department of State to give notice of the covered claim.
(B) Not later than 120 days after the date of
enactment of this Act, the Secretary of State, or a
designee of the Secretary, shall meet (and make every
effort to continue to meet on a regular basis
thereafter) with any national of the United States, or a
representative of a national of the United States, who
has a covered claim and has informed the Department of
State of the covered claim using the method established
pursuant to subparagraph (A) to discuss the status of
the covered claim, including the status of any
settlement discussions with the Palestinian Authority or
the Palestine Liberation Organization.
(C) Not later than 180 days after the date of
enactment of this Act, the Secretary of State, or a
designee of the Secretary, shall make every effort to
meet (and make every effort to continue to meet on a
regular basis thereafter) with representatives of the
Palestinian Authority and the Palestine Liberation
Organization to discuss the covered claims identified
pursuant to subparagraph (A) and potential settlement of
the covered claims.
(3) Report <<NOTE: Time period.>> to congress.--The
Secretary of State shall, not later than 240 days after the date
of enactment of this
[[Page 133 STAT. 3083]]
Act, and annually thereafter for 5 years, submit to the
Committee on the Judiciary and the Committee on Foreign
Relations of the Senate and the Committee on the Judiciary and
the Committee on Foreign Affairs of the House of Representatives
a report describing activities that the Department of State has
undertaken to comply with this subsection, including specific
updates regarding subparagraphs (B) and (C) of paragraph (2).
(4) Sense of congress.--It is the sense of Congress that--
(A) covered claims should be resolved in a manner
that provides just compensation to the victims;
(B) covered claims should be resolved and settled in
favor of the victim to the fullest extent possible and
without subjecting victims to unnecessary or protracted
litigation;
(C) the United States Government should take all
practicable steps to facilitate the resolution and
settlement of all covered claims, including engaging
directly with the victims or their representatives and
the Palestinian Authority and the Palestine Liberation
Organization; and
(D) the United States Government should strongly
urge the Palestinian Authority and the Palestine
Liberation Organization to commit to good-faith
negotiations to resolve and settle all covered claims.
(5) Definition.--In this subsection, the term ``covered
claim'' means any pending action by, or final judgment in favor
of, a national of the United States, or any action by a national
of the United States dismissed for lack of personal
jurisdiction, under section 2333 of title 18, United States
Code, against the Palestinian Authority or the Palestine
Liberation Organization.
(c) Jurisdictional Amendments to Facilitate Resolution of Terrorism-
related Claims of Nationals of the United States.--
(1) In general.--Section 2334(e) of title 18, United States
Code, is amended--
(A) by striking paragraph (1) and inserting the
following:
``(1) <<NOTE: Time periods.>> In general.--Except as
provided in paragraph (2), for purposes of any civil action
under section 2333 of this title, a defendant shall be deemed to
have consented to personal jurisdiction in such civil action if,
regardless of the date of the occurrence of the act of
international terrorism upon which such civil action was filed,
the defendant--
``(A) after the date that is 120 days after the date
of the enactment of the Promoting Security and Justice
for Victims of Terrorism Act of 2019, makes any payment,
directly or indirectly--
``(i) to any payee designated by any
individual who, after being fairly tried or
pleading guilty, has been imprisoned for
committing any act of terrorism that injured or
killed a national of the United States, if such
payment is made by reason of such imprisonment; or
``(ii) to any family member of any individual,
following such individual's death while committing
an act of terrorism that injured or killed a
national of
[[Page 133 STAT. 3084]]
the United States, if such payment is made by
reason of the death of such individual; or
``(B) after 15 days after the date of enactment of
the Promoting Security and Justice for Victims of
Terrorism Act of 2019--
``(i) continues to maintain any office,
headquarters, premises, or other facilities or
establishments in the United States;
``(ii) establishes or procures any office,
headquarters, premises, or other facilities or
establishments in the United States; or
``(iii) conducts any activity while physically
present in the United States on behalf of the
Palestine Liberation Organization or the
Palestinian Authority.'';
(B) in paragraph (2), by adding at the end the
following: ``Except with respect to payments described
in paragraph (1)(A), no court may consider the receipt
of any assistance by a nongovernmental organization,
whether direct or indirect, as a basis for consent to
jurisdiction by a defendant.''; and
(C) by adding at the end the following:
``(3) Exception for certain activities and locations.--In
determining whether a defendant shall be deemed to have
consented to personal jurisdiction under paragraph (1)(B), no
court may consider--
``(A) any office, headquarters, premises, or other
facility or establishment used exclusively for the
purpose of conducting official business of the United
Nations;
``(B) any activity undertaken exclusively for the
purpose of conducting official business of the United
Nations;
``(C) <<NOTE: Determination. Reports.>> any
activity involving officials of the United States that
the Secretary of State determines is in the national
interest of the United States if the Secretary reports
to the appropriate congressional committees annually on
the use of the authority under this subparagraph;
``(D) any activity undertaken exclusively for the
purpose of meetings with officials of the United States
or other foreign governments, or participation in
training and related activities funded or arranged by
the United States Government;
``(E) any activity related to legal representation--
``(i) for matters related to activities
described in this paragraph;
``(ii) for the purpose of adjudicating or
resolving claims filed in courts of the United
States; or
``(iii) to comply with this subsection; or
``(F) any personal or official activities conducted
ancillary to activities listed under this paragraph.
``(4) Rule of construction.--Notwithstanding any other law
(including any treaty), any office, headquarters, premises, or
other facility or establishment within the territory of the
United States that is not specifically exempted by paragraph
(3)(A) shall be considered to be in the United States for
purposes of paragraph (1)(B).
``(5) Defined term.--In this subsection, the term
`defendant' means--
``(A) the Palestinian Authority;
[[Page 133 STAT. 3085]]
``(B) the Palestine Liberation Organization;
``(C) any organization or other entity that is a
successor to or affiliated with the Palestinian
Authority or the Palestine Liberation Organization; or
``(D) any organization or other entity that--
``(i) is identified in subparagraph (A), (B),
or (C); and
``(ii) self identifies as, holds itself out to
be, or carries out conduct in the name of, the
`State of Palestine' or `Palestine' in connection
with official business of the United Nations.''.
(2) Prior consent not abrogated.--The amendments made by
this subsection shall not abrogate any consent deemed to have
been given under section 2334(e) of title 18, United States
Code, as in effect on the day before the date of enactment of
this Act.
(d) Rules of Construction; Applicability; Severability.--
(1) Rules of construction.--
(A) In general.--This section, and the amendments
made by this section, should be liberally construed to
carry out the purposes of Congress to provide relief for
victims of terrorism.
(B) Cases against other persons.--Nothing in this
section may be construed to affect any law or authority,
as in effect on the day before the date of enactment of
this Act, relating to a case brought under section
2333(a) of title 18, United States Code, against a
person who is not a defendant, as defined in paragraph
(5) of section 2334(e) of title 18, United States Code,
as added by subsection (c)(1) of this section.
(2) Applicability.--This section, and the amendments made by
this section, shall apply to any case pending on or after August
30, 2016.
(3) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held to
be unconstitutional, the remainder of this section, the
amendments made by this section, and the application of such
provisions to any person or circumstance shall not be affected
thereby.
SEC. 904. DEBT RELIEF FOR SOMALIA.
(a) Debt Relief.--(1) Of the funds appropriated under titles III and
IV of division G of this Act and under such titles in prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, not to exceed $35,000,000 may be transferred to the
``Department of the Treasury, Debt Restructuring'' account for the same
purposes and under the same authorities and conditions (other than the
period of availability) as other funds provided under that heading for
the cost, as defined in section 502 of the Congressional Budget Act of
1974, of modifying loans and loan guarantees, as the President may
determine, or for the cost of selling, reducing, or cancelling amounts
owed to the United States as a result of loans made to Somalia, in the
event that Somalia meets the domestic and internationally-agreed
conditions and the transfer is consistent with United States law and
foreign policy considerations.
[[Page 133 STAT. 3086]]
(2) For the purposes of this section, no amounts may be transferred
from amounts designated for Overseas Contingency Operations/Global War
on Terrorism or as emergency requirements pursuant to a concurrent
resolution on the budget or section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(3) <<NOTE: Reports. Estimate.>> Prior to the initial obligation of
funds made available pursuant to this section, the Secretary of State
shall submit to the appropriate congressional committees a report on the
outcome of the Paris Club meeting on debt cancellation for Somalia, the
estimate of amounts needed and over what time period, and the proposed
sources of funds to be transferred pursuant to this section:
Provided, <<NOTE: Consultation.>> That such funds shall also be subject
to prior consultation with the appropriate congressional committees and
the regular notification procedures of such committees.
(b) Debt Restructuring.--Section 501(i) of title V of H.R. 3425, as
enacted into law by section 1000(a)(5) of Public Law 106-113 (113 Stat.
1501A-313), as most recently amended by section 699H(b)(1) of division J
of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121
Stat. 2372), <<NOTE: 22 USC 2359a note.>> is further amended by
striking ``2000-2010'' and inserting ``2000-2021''.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
DIVISION K-- <<NOTE: National Law Enforcement Museum Commemorative Coin
Act. 31 USC 5112 note.>> NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE
COIN
SEC. 101. SHORT TITLE.
This division may be cited as the ``National Law Enforcement Museum
Commemorative Coin Act''.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) In 2000, Congress passed and President William J.
Clinton signed into law the National Law Enforcement Museum Act
(Public Law 106-492), which authorized the National Law
Enforcement Officers Memorial Fund, Inc., to build the National
Law Enforcement Museum on Federal land in the District of
Columbia to honor and commemorate the service and sacrifice of
law enforcement officers in the United States.
(2) In April 2016, construction began on the National Law
Enforcement Museum in the District of Columbia across the street
from the National Law Enforcement Officers Memorial in Judiciary
Square.
(3) The National Law Enforcement Museum formally opened in
October of 2018.
(4) The National Law Enforcement Museum's mission is--
(A) to honor and commemorate the extraordinary
service and sacrifice of America's law enforcement
officers;
[[Page 133 STAT. 3087]]
(B) to serve as an important bridge between law
enforcement's past and present, between the heroes of
yesteryear and those who have followed in their
footsteps, and between America's peace officers and the
public they serve;
(C) increase public understanding and support for
law enforcement and to promote law enforcement safety;
and
(D) strengthen the relationship between law
enforcement and the communities they serve with thought-
provoking programs at the Museum and around the country
that promote dialogue on topics of current interest.
SEC. 103. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall mint and issue the following
coin:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain not less than 90 percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 104. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the National Law Enforcement Museum
and the service and sacrifice of law enforcement officers
throughout the history of the United States.
(2) Designation and inscriptions.--On each coin minted under
this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2021''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act shall
be--
(1) <<NOTE: Consultation.>> selected by the Secretary after
consultation with the Commission of Fine Arts and the National
Law Enforcement Officers Memorial Fund, Inc.; and
(2) <<NOTE: Review.>> reviewed by the Citizens Coinage
Advisory Committee.
[[Page 133 STAT. 3088]]
SEC. 105. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facilities.--Only one facility of the United States Mint
may be used to strike any particular quality of the coins minted under
this Act.
(c) Period for Issuance.--The Secretary may issue coins minted under
this Act only during the 1-year period beginning on January 1, 2021.
SEC. 106. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 107(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 107. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the National Law Enforcement Officers Memorial Fund, Inc., for
educational and outreach programs and exhibits.
(c) Audits.--The National Law Enforcement Officers Memorial Fund,
Inc., shall be subject to the audit requirements of section 5134(f)(2)
of title 31, United States Code, with regard to the amounts received
under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may be
included with respect to the issuance under this Act of any coin during
a calendar year if, as of the time of such issuance, the issuance of
such coin would result in the number of commemorative coin programs
issued during such year to exceed the annual two commemorative coin
program issuance limitation under section 5112(m)(1) of title 31, United
States Code (as in effect on the date of the enactment of this Act). The
Secretary of the Treasury may issue guidance to carry out this
subsection.
SEC. 108. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result
in any net cost to the United States Government; and
[[Page 133 STAT. 3089]]
(2) no funds, including applicable surcharges, are disbursed
to any recipient designated in section 107 until the total cost
of designing and issuing all of the coins authorized by this Act
(including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
DIVISION L-- <<NOTE: DHS Cyber Hunt and Incident Response Teams Act of
2019.>> DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS
SEC. 101. <<NOTE: 6 USC 101 note.>> SHORT TITLE.
This division may be cited as the ``DHS Cyber Hunt and Incident
Response Teams Act of 2019''.
SEC. 102. DEPARTMENT OF HOMELAND SECURITY CYBER HUNT AND INCIDENT
RESPONSE TEAMS.
(a) In General.--Section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659) is amended--
(1) in subsection (d)(1)(B)(iv), by inserting ``, including
cybersecurity specialists'' after ``entities'';
(2) by redesignating subsections (f) through (m) as
subsections (g) through (n), respectively;
(3) by inserting after subsection (e) the following:
``(f) Cyber Hunt and Incident Response Teams.--
``(1) In general.--The Center shall maintain cyber hunt and
incident response teams for the purpose of leading Federal asset
response activities and providing timely technical assistance to
Federal and non-Federal entities, including across all critical
infrastructure sectors, regarding actual or potential security
incidents, as appropriate and upon request, including--
``(A) assistance to asset owners and operators in
restoring services following a cyber incident;
``(B) identification and analysis of cybersecurity
risk and unauthorized cyber activity;
``(C) mitigation strategies to prevent, deter, and
protect against cybersecurity risks;
``(D) recommendations to asset owners and operators
for improving overall network and control systems
security to lower cybersecurity risks, and other
recommendations, as appropriate; and
``(E) such other capabilities as the Secretary
determines appropriate.
``(2) Associated metrics.--The Center shall--
``(A) define the goals and desired outcomes for each
cyber hunt and incident response team; and
``(B) develop metrics--
``(i) to measure the effectiveness and
efficiency of each cyber hunt and incident
response team in achieving the goals and desired
outcomes defined under subparagraph (A); and
``(ii) that--
``(I) are quantifiable and
actionable; and
``(II) the Center shall use to
improve the effectiveness and
accountability of, and service
[[Page 133 STAT. 3090]]
delivery by, cyber hunt and incident
response teams.
``(3) Cybersecurity specialists.--After notice to, and with
the approval of, the entity requesting action by or technical
assistance from the Center, the Secretary may include
cybersecurity specialists from the private sector on a cyber
hunt and incident response team.''; and
(4) in subsection (g), as so redesignated--
(A) in paragraph (1), by inserting ``, or any team
or activity of the Center,'' after ``Center''; and
(B) in paragraph (2), by inserting ``, or any team
or activity of the Center,'' after ``Center''.
(b) Report.--
(1) Definitions.--In this subsection--
(A) the term ``Center'' means the national
cybersecurity and communications integration center
established under section 2209(b) of the Homeland
Security Act of 2002 (6 U.S.C. 659(b));
(B) the term ``cyber hunt and incident response
team'' means a cyber hunt and incident response team
maintained under section 2209(f) of the Homeland
Security Act of 2002 (6 U.S.C. 659(f)), as added by this
Act; and
(C) the term ``incident'' has the meaning given the
term in section 2209(a) of the Homeland Security Act of
2002 (6 U.S.C. 659(a)).
(2) Report.--At the conclusion of each of the first 4 fiscal
years after the date of enactment of the DHS Cyber Hunt and
Incident Response Teams Act of 2019, the Center shall submit to
the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the House
of Representatives a report that includes--
(A) information relating to the metrics used for
evaluation and assessment of the cyber hunt and incident
response teams and operations under section 2209(f)(2)
of the Homeland Security Act of 2002 (6 U.S.C.
659(f)(2)), as added by this Act, including the
resources and staffing of those cyber hunt and incident
response teams; and
(B) for the period covered by the report--
(i) the total number of incident response
requests received;
(ii) the number of incident response tickets
opened; and
(iii) a statement of--
(I) all interagency staffing of
cyber hunt and incident response teams;
and
(II) the interagency collaborations
established to support cyber hunt and
incident response teams.
(c) No Additional Funds Authorized.--No additional funds are
authorized to be appropriated to carry out the requirements of this Act
and the amendments made by this Act. Such requirements shall be carried
out using amounts otherwise authorized to be appropriated.
[[Page 133 STAT. 3091]]
DIVISION M-- <<NOTE: Bipartisan American Miners Act of
2019.>> BIPARTISAN AMERICAN MINERS
SEC. 101. <<NOTE: 30 USC 1201 note.>> SHORT TITLE.
This division may be cited as the ``Bipartisan American Miners Act
of 2019''.
SEC. 102. TRANSFERS TO 1974 UMWA PENSION PLAN.
(a) In General.--Subsection (i) of section 402 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended--
(1) in paragraph (3)(A), by striking ``$490,000,000'' and
inserting ``$750,000,000'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Additional amounts.--
``(A) Calculation.--If the dollar limitation
specified in paragraph (3)(A) exceeds the aggregate
amount required to be transferred under paragraphs (1)
and (2) for a fiscal year, the Secretary of the Treasury
shall transfer an additional amount equal to the
difference between such dollar limitation and such
aggregate amount to the trustees of the 1974 UMWA
Pension Plan to pay benefits required under that plan.
``(B) Cessation of transfers.--The transfers
described in subparagraph (A) shall cease as of the
first fiscal year beginning after the first plan year
for which the funded percentage (as defined in section
432(j)(2) of the Internal Revenue Code of 1986) of the
1974 UMWA Pension Plan is at least 100 percent.
``(C) Prohibition on benefit increases, etc.--During
a fiscal year in which the 1974 UMWA Pension Plan is
receiving transfers under subparagraph (A), no amendment
of such plan which increases the liabilities of the plan
by reason of any increase in benefits, any change in the
accrual of benefits, or any change in the rate at which
benefits become nonforfeitable under the plan may be
adopted unless the amendment is required as a condition
of qualification under part I of subchapter D of chapter
1 of the Internal Revenue Code of 1986.
``(D) Critical status to be maintained.--Until such
time as the 1974 UMWA Pension Plan ceases to be eligible
for the transfers described in subparagraph (A)--
``(i) the Plan shall be treated as if it were
in critical status for purposes of sections
412(b)(3), 432(e)(3), and 4971(g)(1)(A) of the
Internal Revenue Code of 1986 and sections
302(b)(3) and 305(e)(3) of the Employee Retirement
Income Security Act;
``(ii) the Plan shall maintain and comply with
its rehabilitation plan under section 432(e) of
such Code and section 305(e) of such Act,
including any updates thereto; and
``(iii) the provisions of subsections (c) and
(d) of section 432 of such Code and subsections
(c) and (d) of section 305 of such Act shall not
apply.
[[Page 133 STAT. 3092]]
``(E) Treatment of transfers for purposes of
withdrawal liability under erisa.--The amount of any
transfer made under subparagraph (A) (and any earnings
attributable thereto) shall be disregarded in
determining the unfunded vested benefits of the 1974
UMWA Pension Plan and the allocation of such unfunded
vested benefits to an employer for purposes of
determining the employer's withdrawal liability under
section 4201 of the Employee Retirement Income Security
Act of 1974.
``(F) <<NOTE: Effective date.>> Requirement to
maintain contribution rate.--A transfer under
subparagraph (A) shall not be made for a fiscal year
unless the persons that are obligated to contribute to
the 1974 UMWA Pension Plan on the date of the transfer
are obligated to make the contributions at rates that
are no less than those in effect on the date which is 30
days before the date of enactment of the Bipartisan
American Miners Act of 2019.
``(G) Enhanced annual reporting.--
``(i) In general.--Not later than the 90th day
of each plan year beginning after the date of
enactment of the Bipartisan American Miners Act of
2019, the trustees of the 1974 UMWA Pension Plan
shall file with the Secretary of the Treasury or
the Secretary's delegate and the Pension Benefit
Guaranty Corporation a report (including
appropriate documentation and actuarial
certifications from the plan actuary, as required
by the Secretary of the Treasury or the
Secretary's delegate) that contains--
``(I) whether the plan is in
endangered or critical status under
section 305 of the Employee Retirement
Income Security Act of 1974 and section
432 of the Internal Revenue Code of 1986
as of the first day of such plan year;
``(II) the funded percentage (as
defined in section 432(j)(2) of such
Code) as of the first day of such plan
year, and the underlying actuarial value
of assets and liabilities taken into
account in determining such percentage;
``(III) the market value of the
assets of the plan as of the last day of
the plan year preceding such plan year;
``(IV) the total value of all
contributions made during the plan year
preceding such plan year;
``(V) the total value of all
benefits paid during the plan year
preceding such plan year;
``(VI) cash flow projections for
such plan year and either the 6 or 10
succeeding plan years, at the election
of the trustees, and the assumptions
relied upon in making such projections;
``(VII) funding standard account
projections for such plan year and the 9
succeeding plan years, and the
assumptions relied upon in making such
projections;
``(VIII) the total value of all
investment gains or losses during the
plan year preceding such plan year;
[[Page 133 STAT. 3093]]
``(IX) any significant reduction in
the number of active participants during
the plan year preceding such plan year,
and the reason for such reduction;
``(X) <<NOTE: List.>> a list of
employers that withdrew from the plan in
the plan year preceding such plan year,
and the resulting reduction in
contributions;
``(XI)
a <<NOTE: List. Assessment.>> list of
employers that paid withdrawal liability
to the plan during the plan year
preceding such plan year and, for each
employer, a total assessment of the
withdrawal liability paid, the annual
payment amount, and the number of years
remaining in the payment schedule with
respect to such withdrawal liability;
``(XII) any material changes to
benefits, accrual rates, or contribution
rates during the plan year preceding
such plan year;
``(XIII) any scheduled benefit
increase or decrease in the plan year
preceding such plan year having a
material effect on liabilities of the
plan;
``(XIV) details regarding any
funding improvement plan or
rehabilitation plan and updates to such
plan;
``(XV) the number of participants
and beneficiaries during the plan year
preceding such plan year who are active
participants, the number of participants
and beneficiaries in pay status, and the
number of terminated vested participants
and beneficiaries;
``(XVI) the information contained on
the most recent annual funding notice
submitted by the plan under section
101(f) of the Employee Retirement Income
Security Act of 1974;
``(XVII) the information contained
on the most recent Department of Labor
Form 5500 of the plan; and
``(XVIII) <<NOTE: Consultation.>>
copies of the plan document and
amendments, other retirement benefit or
ancillary benefit plans relating to the
plan and contribution obligations under
such plans, a breakdown of
administrative expenses of the plan,
participant census data and distribution
of benefits, the most recent actuarial
valuation report as of the plan year,
copies of collective bargaining
agreements, and financial reports, and
such other information as the Secretary
of the Treasury or the Secretary's
delegate, in consultation with the
Secretary of Labor and the Director of
the Pension Benefit Guaranty
Corporation, may require.
``(ii) Electronic submission.--The report
required under clause (i) shall be submitted
electronically.
``(iii) Information sharing.--The Secretary of
the Treasury or the Secretary's delegate shall
share the information in the report under clause
(i) with the Secretary of Labor.
[[Page 133 STAT. 3094]]
``(iv) Penalty.--Any failure to file the
report required under clause (i) on or before the
date described in such clause shall be treated as
a failure to file a report required to be filed
under section 6058(a) of the Internal Revenue Code
of 1986, except that section 6652(e) of such Code
shall be applied with respect to any such failure
by substituting `$100' for
`$25'. <<NOTE: Determination.>> The preceding
sentence shall not apply if the Secretary of the
Treasury or the Secretary's delegate determines
that reasonable diligence has been exercised by
the trustees of such plan in attempting to timely
file such report.
``(H) 1974 umwa pension plan defined.--For purposes
of this paragraph, the term `1974 UMWA Pension Plan' has
the meaning given the term in section 9701(a)(3) of the
Internal Revenue Code of 1986, but without regard to the
limitation on participation to individuals who retired
in 1976 and thereafter.''.
(b) <<NOTE: 30 USC 1232 note.>> Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to fiscal years beginning after September 30, 2016.
(2) Reporting requirements.--Section 402(i)(4)(G) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(i)(4)(G)), as added by this section, shall apply to plan
years beginning after the date of the enactment of this Act.
SEC. 103. INCLUSION IN MULTIEMPLOYER HEALTH BENEFIT PLAN.
Section 402(h)(2)(C) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is amended--
(1) by striking ``the Health Benefits for Miners Act of
2017'' both places it appears in clause (ii) and inserting ``the
Bipartisan American Miners Act of 2019'';
(2) by striking ``, would be denied or reduced as a result
of a bankruptcy proceeding commenced in 2012 or 2015'' in clause
(ii)(II) and inserting ``or a related coal wage agreement, would
be denied or reduced as a result of a bankruptcy proceeding
commenced in 2012, 2015, 2018, or 2019'';
(3) by striking ``and'' at the end of clause (ii)(I), by
striking the period at the end of clause (ii)(II) and inserting
``; and'', and by inserting after clause (ii)(II) the following
new subclause:
``(III) the cost of administering
the resolution of disputes process
administered (as of the date of the
enactment of the Bipartisan American
Miners Act of 2019) by the Trustees of
the Plan.'',
(4) by striking ``January 1, 2017'' in clause (ii) and
inserting ``January 1, 2019''; and
(5) by adding at the end the following new clause:
``(vi) <<NOTE: Definition.>> Related coal wage
agreement.--For purposes of clause (ii), the term
`related coal wage agreement' means an agreement
between the United Mine Workers of America and an
employer in the bituminous coal industry that--
``(I) is a signatory operator; or
``(II) is or was a debtor in a
bankruptcy proceeding that was
consolidated, administratively or
otherwise, with the bankruptcy
proceeding of a
[[Page 133 STAT. 3095]]
signatory operator or a related person
to a signatory operator (as those terms
are defined in section 9701(c) of the
Internal Revenue Code of 1986).''.
SEC. 104. REDUCTION IN MINIMUM AGE FOR ALLOWABLE IN-SERVICE
DISTRIBUTIONS.
(a) In General.--Section 401(a)(36) of the Internal Revenue Code of
1986 is <<NOTE: 26 USC 401.>> amended by striking ``age 62'' and
inserting ``age 59\1/2\''.
(b) Application to Governmental Section 457(b) Plans.--Clause (i) of
section 457(d)(1)(A) of the Internal Revenue Code of 1986 is amended by
inserting ``(in the case of a plan maintained by an employer described
in subsection (e)(1)(A), age 59\1/2\)'' before the comma at the end.
(c) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made
by this section shall apply to plan years beginning after December 31,
2019.
DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS
TITLE I--HEALTH AND HUMAN SERVICES EXTENDERS
Subtitle A--Medicare Provisions
Sec. 101. Extension of the work geographic index floor under the
Medicare program.
Sec. 102. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 103. Extension of funding outreach and assistance for low-income
programs.
Sec. 104. Extension of appropriations to the Patient-Centered Outcomes
Research Trust Fund; extension of certain health insurance
fees.
Sec. 105. Laboratory Access for Beneficiaries.
Sec. 106. Exclusion of complex rehabilitative manual wheelchairs from
medicare competitive acquisition program; non-application of
medicare fee-schedule adjustments for certain wheelchair
accessories and cushions.
Sec. 107. Extending pass-through status for certain drugs under part B
of the Medicare program.
Sec. 108. Hematopoietic stem cell acquisition payments.
Subtitle B--Medicaid Provisions
Sec. 201. Extension of Community Mental Health Services demonstration
program.
Sec. 202. Medicaid funding for the territories.
Sec. 203. Delay of DSH reductions.
Sec. 204. Extension of spousal impoverishment protections.
Sec. 205. Extension of the Money Follows the Person rebalancing
demonstration program.
Subtitle C--Human Services and Other Health Programs
Sec. 301. Extension of demonstration projects to address health
professions workforce needs.
Sec. 302. Extension of the temporary assistance for needy families
program and related programs.
Sec. 303. Extension of sexual risk avoidance education program.
Sec. 304. Extension of personal responsibility education program.
Subtitle D--Public Health Provisions
Sec. 401. Extension for community health centers, the national health
service corps, and teaching health centers that operate GME
programs.
Sec. 402. Diabetes programs.
Sec. 403. Poison Center Network Enhancement.
Sec. 404. Kay Hagan Tick Act.
Subtitle E--Revenue Provisions
Sec. 501. Repeal of medical device excise tax.
[[Page 133 STAT. 3096]]
Sec. 502. Repeal of annual fee on health insurance providers.
Sec. 503. Repeal of excise tax on high cost employer-sponsored health
coverage.
Subtitle F--Miscellaneous Provisions
Sec. 602. Addressing expiration of child welfare demonstration projects
and supporting Family First implementation.
Sec. 603 Minimum age of sale of tobacco products.
Sec. 604. Sale of tobacco products to individuals under the age of 21.
Sec. 605. Biological product definition.
Sec. 606. Protecting access to biological products.
Sec. 607. Streamlining the transition of biological products.
Sec. 608. Reenrollment of certain individuals in qualified health plans
in certain Exchanges.
Sec. 609. Protection of silver loading practice.
Sec. 610. Actions for delays of generic drugs and biosimilar biological
products.
Subtitle A--Medicare Provisions
SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``January 1, 2020'' and inserting
``May 23, 2020''.
SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT,
INPUT, AND SELECTION.
(a) In General.--Section 1890(d)(2) of the Social Security Act (42
U.S.C. 1395aaa(d)(2)) is amended--
(1) <<NOTE: Time period.>> in the first sentence, by
striking ``$1,665,000 for the period beginning on October 1,
2019, and ending on December 20, 2019'' and inserting
``$4,830,000 for the period beginning on October 1, 2019, and
ending on May 22, 2020''; and
(2) in the third sentence, by striking ``December 20,
2019,'' and inserting ``May 22, 2020''.
(b) <<NOTE: 42 USC 1395aaa note.>> Effective Date.--The amendments
made by subsection (a) shall take effect as if included in the enactment
of the Further Continuing Appropriations Act, 2020, and Further Health
Extenders Act of 2019 (Public Law 116-69).
SEC. 103. <<NOTE: Time period.>> EXTENSION OF FUNDING OUTREACH
AND ASSISTANCE FOR LOW-INCOME PROGRAMS.
(a) Additional Funding for State Health Insurance Programs.--
Subsection (a)(1)(B) of section 119 of the Medicare Improvements for
Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended
by section 3306 of the Patient Protection and Affordable Care Act
(Public Law 111-148), section 610 of the American Taxpayer Relief Act of
2012 (Public Law 112-240), section 1110 of the Pathway for SGR Reform
Act of 2013 (Public Law 113-67), section 110 of the Protecting Access to
Medicare Act of 2014 (Public Law 113-93), section 208 of the Medicare
Access and CHIP Reauthorization Act of 2015 (Public Law 114-10), section
50207 of division E of the Bipartisan Budget Act of 2018 (Public Law
115-123), section 1402 of the Continuing Appropriations Act, 2020, and
Health Extenders Act of 2019 (Public Law 116-59), and section 1402 of
the Further Continuing Appropriations Act, 2020, and Further Health
Extenders Act of 2019 (Public Law 116-69), is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
[[Page 133 STAT. 3097]]
(3) by inserting after clause (xi) the following new clause:
``(xii) for the period beginning on December
21, 2019, and ending on May 22, 2020, of
$5,485,000.''.
(b) Additional Funding for Area Agencies on Aging.--Subsection
(b)(1)(B) of such section 119, as so amended, is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new clause:
``(xii) for the period beginning on December
21, 2019, and ending on May 22, 2020, of
$3,165,000.''.
(c) Additional Funding for Aging and Disability Resource Centers.--
Subsection (c)(1)(B) of such section 119, as so amended, is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new clause:
``(xii) for the period beginning on December
21, 2019, and ending on May 22, 2020, of
$2,110,000.''.
(d) Additional Funding for Contract With the National Center for
Benefits and Outreach Enrollment.--Subsection (d)(2) of such section
119, as so amended, is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new clause:
``(xii) for the period beginning on December
21, 2019, and ending on May 22, 2020, of
$5,063,000.''.
SEC. 104. EXTENSION OF APPROPRIATIONS TO THE PATIENT-CENTERED
OUTCOMES RESEARCH TRUST FUND; EXTENSION OF
CERTAIN HEALTH INSURANCE FEES.
(a) In General.--Section 9511 of the Internal Revenue Code of
1986 <<NOTE: 26 USC 9511.>> is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting after subparagraph (E) the
following new subparagraph:
``(F) For each of fiscal years 2020 through 2029--
``(i) an amount equivalent to the net revenues
received in the Treasury from the fees imposed
under subchapter B of chapter 34 (relating to fees
on health insurance and self-insured plans) for
such fiscal year; and
``(ii) the applicable amount (as defined in
paragraph (4)) for the fiscal year.''; and
(ii) by striking ``and (E)(ii)'' in the last
sentence and inserting ``(E)(ii), and (F)(ii)'';
and
(B) by adding at the end the following new
paragraph:
``(4) Applicable amount defined.--In paragraph (1)(F)(ii),
the term `applicable amount' means--
``(A) for fiscal year 2020, $275,500,000;
``(B) for fiscal year 2021, $285,000,000;
``(C) for fiscal year 2022, $293,500,000;
``(D) for fiscal year 2023, $311,500,000;
[[Page 133 STAT. 3098]]
``(E) for fiscal year 2024, $320,000,000;
``(F) for fiscal year 2025, $338,000,000;
``(G) for fiscal year 2026, $355,500,000;
``(H) for fiscal year 2027, $363,500,000;
``(I) for fiscal year 2028, $381,000,000; and
``(J) for fiscal year 2029, $399,000,000.'';
(2) in subsection (d)(2)(A), by striking ``2019'' and
inserting ``2029''; and
(3) in subsection (f), by striking ``December 20, 2019'' and
inserting ``September 30, 2029''.
(b) Health Insurance Policies.--Section 4375(e) of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 4375.>> is amended by striking
``2019'' and inserting ``2029''.
(c) Self-insured Health Plans.--Section 4376(e) of the Internal
Revenue Code of 1986 is amended by striking ``2019'' and inserting
``2029''.
(d) Identification of Research Priorities.--Subsection (d)(1)(A) of
section 1181 of the Social Security Act (42 U.S.C. 1320e) is amended by
adding at the end the following: ``Such national priorities shall
include research with respect to intellectual and developmental
disabilities and maternal mortality. Such priorities should reflect a
balance between long-term priorities and short-term priorities, and be
responsive to changes in medical evidence and in health care
treatments.''.
(e) Consideration of Full Range of Outcomes Data.--Subsection (d)(2)
of such section 1181 is amended by adding at the end the following
subparagraph:
``(F) Consideration of full range of outcomes
data.--Research shall be designed, as appropriate, to
take into account and capture the full range of clinical
and patient-centered outcomes relevant to, and that meet
the needs of, patients, clinicians, purchasers, and
policy-makers in making informed health decisions. In
addition to the relative health outcomes and clinical
effectiveness, clinical and patient-centered outcomes
shall include the potential burdens and economic impacts
of the utilization of medical treatments, items, and
services on different stakeholders and decision-makers
respectively. These potential burdens and economic
impacts include medical out-of-pocket costs, including
health plan benefit and formulary design, non-medical
costs to the patient and family, including caregiving,
effects on future costs of care, workplace productivity
and absenteeism, and healthcare utilization.''.
(f) Board Composition.--Subsection (f) of such section 1181 is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C)--
(i) in the matter preceding clause (i)--
(I) by striking ``Seventeen'' and
inserting ``At least nineteen, but no
more than twenty-one''; and
(II) by striking ``, not later than
6 months after the date of enactment of
this section,''; and
(ii) in clause (iii), by striking ``3'' and
inserting ``at least 3, but no more than 5''; and
(2) in paragraph (3)--
(A) in the first sentence--
[[Page 133 STAT. 3099]]
(i) by striking the ``the members'' and
inserting ``members''; and
(ii) by inserting the following before the
period at the end: ``to the extent necessary to
preserve the evenly staggered terms of the
Board.''; and
(B) by inserting the following after the first
sentence: ``Any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed for the remainder of that term and thereafter
may be eligible for reappointment to a full term. A
member may serve after the expiration of that member's
term until a successor has been appointed.''.
(g) Methodology Committee Appointments.--Such section 1181 is
amended--
(1) in subsection (d)(6)(B), by striking ``Comptroller
General of the United States'' and inserting ``Board''; and
(2) in subsection (h)(4)--
(A) in subparagraph (A)(ii), by striking
``Comptroller General'' and inserting ``Board''; and
(B) in the first sentence of subparagraph (B), by
striking ``and of the Government Accountability
Office''.
(h) Reports by the Comptroller General of the United States.--
Subsection (g)(2)(A) of such section 1181 is amended--
(1) by striking clause (iv) and inserting the following:
``(iv) <<NOTE: Time period.>> Not less
frequently than every 5 years, the overall
effectiveness of activities conducted under this
section and the dissemination, training, and
capacity building activities conducted under
section 937 of the Public Health Service
Act. <<NOTE: Review.>> Such review shall include
the following:
``(I) A description of those
activities and the financial commitments
related to research, training, data
capacity building, and dissemination and
uptake of research findings.
``(II) The extent to which the
Institute and the Agency for Healthcare
Research and Quality have collaborated
with stakeholders, including provider
and payer organizations, to facilitate
the dissemination and uptake of research
findings.
``(III)
An <<NOTE: Analysis.>> analysis of
available data and performance metrics,
such as the estimated public
availability and dissemination of
research findings and uptake and
utilization of research findings in
clinical guidelines and decision support
tools, on the extent to which such
research findings are used by health
care decision-makers, the effect of the
dissemination of such findings on
changes in medical practice and reducing
practice variation and disparities in
health care, and the effect of the
research conducted and disseminated on
innovation and the health care economy
of the United States.''; and
(2) by adding at the end the following new clause:
``(vi) <<NOTE: Time period.>> Not less
frequently than every 5 years, any barriers that
researchers funded by the Institute have
encountered in conducting studies or clinical
trials,
[[Page 133 STAT. 3100]]
including challenges covering the cost of any
medical treatments, services, and items described
in subsection (a)(2)(B) for purposes of the
research study.''.
SEC. 105. LABORATORY ACCESS FOR BENEFICIARIES.
(a) Amendments Relating to Reporting Requirements With Respect to
Clinical Diagnostic Laboratory Tests.--
(1) Revised reporting period for reporting of private sector
payment rates for establishment of medicare payment rates.--
Section 1834A(a) of the Social Security Act (42 U.S.C. 1395m-
1(a)) is amended--
(A) in paragraph (1)--
(i) by striking ``Beginning January 1, 2016''
and inserting the following:
``(A) General reporting requirements.--Subject to
subparagraph (B), beginning January 1, 2016'';
(ii) in subparagraph (A), as added by
subparagraph (A) of this paragraph, by inserting
``(referred to in this subsection as the
`reporting period')'' after ``at a time specified
by the Secretary''; and
(iii) by adding at the end the following:
``(B) Revised reporting period.--In the case of
reporting with respect to clinical diagnostic laboratory
tests that are not advanced diagnostic laboratory tests,
the Secretary shall revise the reporting period under
subparagraph (A) such that--
``(i) no reporting is required during the
period beginning January 1, 2020, and ending
December 31, 2020;
``(ii) reporting is required during the period
beginning January 1, 2021, and ending March 31,
2021; and
``(iii) reporting is required every three
years after the period described in clause
(ii).''; and
(B) in paragraph (4)--
(i) by striking ``In this section'' and
inserting the following:
``(A) In general.--Subject to subparagraph (B), in
this section''; and
(ii) by adding at the end the following:
``(B) <<NOTE: Definition.>> Exception.--In the case
of the reporting period described in paragraph
(1)(B)(ii) with respect to clinical diagnostic
laboratory tests that are not advanced diagnostic
laboratory tests, the term `data collection period'
means the period beginning January 1, 2019, and ending
June 30, 2019.''.
(2) Corrections relating to phase-in of reductions from
private payor rate implementation.--Section 1834A(b)(3) of the
Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended--
(A) in subparagraph (A), by striking ``through
2022'' and inserting ``through 2023''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``through
2019'' and inserting ``through 2020''; and
(ii) in clause (ii), by striking ``2020
through 2022'' and inserting ``2021 through
2023''.
[[Page 133 STAT. 3101]]
(b) Study and Report by MedPAC.--
(1) <<NOTE: Review.>> In general.--The Medicare Payment
Advisory Commission (in this subsection referred to as the
``Commission'') shall conduct a study to review the methodology
the Administrator of the Centers for Medicare & Medicaid
Services has implemented for the private payor rate-based
clinical laboratory fee schedule under the Medicare program
under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.).
(2) Scope of study.--In carrying out the study described in
paragraph (1), the Commission shall consider the following:
(A) How best to implement the least burdensome data
collection process required under section 1834A(a)(1) of
such Act (42 U.S.C. 1395m-1(a)(1)) that would--
(i) result in a representative and
statistically valid data sample of private market
rates from all laboratory market segments,
including hospital outreach laboratories,
physician office laboratories, and independent
laboratories; and
(ii) consider the variability of private payor
payment rates across market segments.
(B) Appropriate statistical methods for estimating
rates that are representative of the market.
(3) Report to congress.--Not later than 18 months after the
date of the enactment of this Act, the Commission shall submit
to the Administrator, the Committee on Finance of the Senate,
and the Committees on Ways and Means and Energy and Commerce of
the House of Representatives a report that includes--
(A) conclusions about the methodology described in
paragraph (1); and
(B) <<NOTE: Recommenda- tions.>> any
recommendations the Commission deems appropriate.
SEC. 106. EXCLUSION OF COMPLEX REHABILITATIVE MANUAL WHEELCHAIRS
FROM MEDICARE COMPETITIVE ACQUISITION
PROGRAM; NON-APPLICATION OF MEDICARE FEE-
SCHEDULE ADJUSTMENTS FOR CERTAIN
WHEELCHAIR ACCESSORIES AND CUSHIONS.
(a) Exclusion of Complex Rehabilitative Manual Wheelchairs From
Competitive Acquisition Program.--Section 1847(a)(2)(A) of the Social
Security Act (42 U.S.C. 1395w-3(a)(2)(A)) is amended--
(1) by inserting ``, complex rehabilitative manual
wheelchairs (as determined by the Secretary), and certain manual
wheelchairs (identified, as of October 1, 2018, by HCPCS codes
E1235, E1236, E1237, E1238, and K0008 or any successor to such
codes)'' after ``group 3 or higher''; and
(2) by striking ``such wheelchairs'' and inserting ``such
complex rehabilitative power wheelchairs, complex rehabilitative
manual wheelchairs, and certain manual wheelchairs''.
(b) <<NOTE: 42 USC 1395w-3 note.>> Non-application of Medicare Fee
Schedule Adjustments for Wheelchair Accessories and Seat and Back
Cushions When Furnished in Connection With Complex Rehabilitative Manual
Wheelchairs.--
(1) <<NOTE: Time period.>> In general.--Notwithstanding any
other provision of law, the Secretary of Health and Human
Services shall not, during the period beginning on January 1,
2020, and ending
[[Page 133 STAT. 3102]]
on June 30, 2021, use information on the payment determined
under the competitive acquisition programs under section 1847 of
the Social Security Act (42 U.S.C. 1395w-3) to adjust the
payment amount that would otherwise be recognized under section
1834(a)(1)(B)(ii) of such Act (42 U.S.C. 1395m(a)(1)(B)(ii)) for
wheelchair accessories (including seating systems) and seat and
back cushions when furnished in connection with complex
rehabilitative manual wheelchairs (as determined by the
Secretary), and certain manual wheelchairs (identified, as of
October 1, 2018, by HCPCS codes E1235, E1236, E1237, E1238, and
K0008 or any successor to such codes).
(2) <<NOTE: 42 USC 1395l note.>> Implementation.--
Notwithstanding any other provision of law, the Secretary may
implement this subsection by program instruction or otherwise.
SEC. 107. EXTENDING PASS-THROUGH STATUS FOR CERTAIN DRUGS UNDER
PART B OF THE MEDICARE PROGRAM.
(a) In General.--Section 1833(t)(6) of the Social Security Act (42
U.S.C. 1395l(t)(6)) is amended--
(1) in subparagraph (E)(i), by striking ``2018'' and
inserting ``2018 or 2020''; and
(2) by adding at the end the following new subparagraph:
``(J) Additional pass-through extension and special
payment adjustment rule for certain diagnostic
radiopharmaceuticals.--In the case of a drug or
biological furnished in the context of a clinical study
on diagnostic imaging tests approved under a coverage
with evidence development determination whose period of
pass-through status under this paragraph concluded on
December 31, 2018, and for which payment under this
subsection was packaged into a payment for a covered OPD
service (or group of services) furnished beginning
January 1, 2019, the Secretary shall--
``(i) <<NOTE: Time period.>> extend such pass-
through status for such drug or biological for the
9-month period beginning on January 1, 2020;
``(ii) remove, during such period, the
packaged costs of such drug or biological (as
determined by the Secretary) from the payment
amount under this subsection for the covered OPD
service (or group of services) with which it is
packaged; and
``(iii) not make any adjustments to payment
amounts under this subsection for a covered OPD
service (or group of services) for which no costs
were removed under clause (ii).''.
(b) Implementation.--Notwithstanding any other provision of law, the
Secretary of Health and Human Service may implement the amendments made
by subsection (a) by program instruction or otherwise.
SEC. 108. HEMATOPOIETIC STEM CELL ACQUISITION PAYMENTS.
Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is
amended--
(1) <<NOTE: Effective date.>> in subsection (a)(4), in the
second sentence, by inserting ``for cost reporting periods
beginning on or after October 1, 2020, costs related to
hematopoietic stem cell acquisition for
[[Page 133 STAT. 3103]]
the purpose of an allogeneic hematopoietic stem cell transplant
(as described in subsection (d)(5)(M)),'' after ``October 1,
1987),'';
(2) in subsection (d)--
(A) in paragraph (4)(C)(iii)--
(i) by inserting ``or payments under paragraph
(5)(M) (beginning with fiscal year 2021)'' after
``fiscal year 1991)''; and
(ii) by inserting ``or payments under
paragraph (5)(M)'' before the period at the end;
and
(B) in paragraph (5), by adding at the end the
following new subparagraph:
``(M)(i) <<NOTE: Effective date.>> For cost reporting periods
beginning on or after October 1, 2020, in the case of a subsection (d)
hospital that furnishes an allogeneic hematopoietic stem cell transplant
to an individual during such a period, payment to such hospital for
hematopoietic stem cell acquisition shall be made on a reasonable cost
basis. The items included in such hematopoietic stem cell acquisition
shall be specified by the Secretary through rulemaking.
``(ii) <<NOTE: Definition.>> For purposes of this subparagraph, the
term `allogeneic hematopoietic stem cell transplant' means, with respect
to an individual, the intravenous infusion of hematopoietic cells
derived from bone marrow, peripheral blood stem cells, or cord blood,
but not including embryonic stem cells, of a donor to an individual that
are or may be used to restore hematopoietic function in such individual
having an inherited or acquired deficiency or defect.''.
Subtitle B--Medicaid Provisions
SEC. 201. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.
Section 223(d)(3) of the Protecting Access to Medicare Act of 2014
(42 U.S.C. 1396a note) is amended by striking ``December 20, 2019'' and
inserting ``May 22, 2020''.
SEC. 202. MEDICAID FUNDING FOR THE TERRITORIES.
(a) Treatment of Cap.--Section 1108(g) of the Social Security Act
(42 U.S.C. 1308(g)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``subject to and section 1323(a)(2) of the
Patient Protection and Affordable Care Act paragraphs
(3) and (5)'' and inserting ``subject to section
1323(a)(2) of the Patient Protection and Affordable Care
Act and paragraphs (3) and (5)'';
(B) in subparagraph (A)--
(i) by striking ``Puerto Rico shall not exceed
the sum of'' and inserting ``Puerto Rico shall not
exceed--
``(i) except as provided in clause (ii), the
sum of'';
(ii) by striking ``$100,000;'' and inserting
``$100,000; and''; and
(iii) by adding at the end the following new
clause:
``(ii) for each of fiscal years 2020 through
2021, the amount specified in paragraph (6) for
each such fiscal year;'';
(C) in subparagraph (B)--
[[Page 133 STAT. 3104]]
(i) by striking ``the Virgin Islands shall not
exceed the sum of'' and inserting ``the Virgin
Islands shall not exceed--
``(i) except as provided in clause (ii), the
sum of'';
(ii) by striking ``$10,000;'' and inserting
``$10,000; and''; and
(iii) by adding at the end the following new
clause:
``(ii) for each of fiscal years 2020 through
2021, $126,000,000;'';
(D) in subparagraph (C)--
(i) by striking ``Guam shall not exceed the
sum of'' and inserting ``Guam shall not exceed--
``(i) except as provided in clause (ii), the
sum of'';
(ii) by striking ``$10,000;'' and inserting
``$10,000; and''; and
(iii) by adding at the end the following new
clause:
``(ii) for each of fiscal years 2020 through
2021, $127,000,000;'';
(E) in subparagraph (D)--
(i) by striking ``the Northern Mariana Islands
shall not exceed the sum of'' and inserting ``the
Northern Mariana Islands shall not exceed--
``(i) except as provided in clause (ii), the
sum of''; and
(ii) by adding at the end the following new
clause:
``(ii) for each of fiscal years 2020 through
2021, $60,000,000; and'';
(F) in subparagraph (E)--
(i) by striking ``American Samoa shall not
exceed the sum of'' and inserting ``American Samoa
shall not exceed--
``(i) except as provided in clause (ii), the
sum of'';
(ii) by striking ``$10,000.'' and inserting
``$10,000; and''; and
(iii) by adding at the end the following new
clause:
``(ii) for each of fiscal years 2020 through
2021, $84,000,000.''; and
(G) by adding at the end the following flush
sentence:
`` <<NOTE: Determination. Applicability.>> For each fiscal year
after fiscal year 2021, the total amount certified for Puerto
Rico, the Virgin Islands, Guam, the Northern Mariana Islands,
and American Samoa under subsection (f) and this subsection for
the fiscal year shall be determined as if the preceding
subparagraphs were applied to each of fiscal years 2020 through
2021 without regard to clause (ii) of each such subparagraph.'';
and
(2) by adding at the end the following new paragraphs:
``(6) Application to puerto rico for fiscal years 2020
through 2021.--
``(A) In general.--Subject to subparagraph (B), the
amount specified in this paragraph is--
``(i) for fiscal year 2020, $2,623,188,000;
and
``(ii) for fiscal year 2021, $2,719,072,000.
``(B) <<NOTE: Reimbursements.>> Additional increase
for puerto rico.--
``(i) <<NOTE: Certification.>> In general.--
For each of fiscal years 2020 through 2021, the
amount specified in this paragraph for the fiscal
year shall be equal to the amount specified for
such fiscal year under subparagraph (A) increased
[[Page 133 STAT. 3105]]
by $200,000,000 if the Secretary certifies that,
with respect to such fiscal year, Puerto Rico's
State plan under title XIX (or a waiver of such
plan) establishes a reimbursement floor,
implemented through a directed payment arrangement
plan, for physician services that are covered
under the Medicare part B fee schedule in the
Puerto Rico locality established under section
1848(b) that is not less than 70 percent of the
payment that would apply to such services if they
were furnished under part B of title XVIII during
such fiscal year.
``(ii) Application to managed care.--In
certifying whether Puerto Rico has established a
reimbursement floor under a directed payment
arrangement plan that satisfies the requirements
of clause (i)--
``(I) <<NOTE: Applicability. Contracts.>>
for fiscal year 2020, the Secretary
shall apply such requirements to
payments for physician services under a
managed care contract entered into or
renewed after the date of enactment of
this paragraph and disregard payments
for physician services under any managed
care contract that was entered into
prior to such date; and
``(II) for each of fiscal years 2020
through 2021--
``(aa) the Secretary shall
disregard payments made under
sub-capitated arrangements for
services such as primary care
case management; and
``(bb) if the reimbursement
floor for physician services
applicable under a managed care
contract satisfies the
requirements of clause (i) for
the fiscal year in which the
contract is entered into or
renewed, such reimbursement
floor shall be deemed to satisfy
such requirements for the
subsequent fiscal year.
``(7) Puerto rico program integrity requirements.--
``(A) <<NOTE: Deadlines. Publications. Plans. Coordinatio
n.>> In general.--
``(i) <<NOTE: Designation.>> Program
integrity lead.--Not later than 6 months after the
date of enactment of this paragraph, the agency
responsible for the administration of Puerto
Rico's Medicaid program under title XIX shall
designate an officer (other than the director of
such agency) to serve as the Program Integrity
Lead for such program.
``(ii) PERM requirement.--Not later than 18
months after the date of enactment of this
paragraph, Puerto Rico shall publish a plan,
developed by Puerto Rico in coordination with the
Administrator of the Centers for Medicare &
Medicaid Services and approved by the
Administrator, for how Puerto Rico will develop
measures to satisfy the payment error rate
measurement (PERM) requirements under subpart Q of
part 431 of title 42, Code of Federal Regulations
(or any successor regulation).
``(iii) Contracting reform.--Not later than 12
months after the date of enactment of this
paragraph, Puerto Rico shall publish a contracting
reform plan to combat fraudulent, wasteful, or
abusive contracts
[[Page 133 STAT. 3106]]
under Puerto Rico's Medicaid program under title
XIX that includes--
``(I) metrics for evaluating the
success of the plan; and
``(II) a schedule for publicly
releasing status reports on the plan.
``(iv) MEQC.--Not later than 18 months after
the date of enactment of this paragraph, Puerto
Rico shall publish a plan, developed by Puerto
Rico in coordination with the Administrator of the
Centers for Medicare & Medicaid Services and
approved by the Administrator, for how Puerto Rico
will comply with the Medicaid eligibility quality
control (MEQC) requirements of subpart P of part
431 of title 42, Code of Federal Regulations (or
any successor regulation).
``(B) FMAP reduction for failure to meet additional
requirements.--
``(i) <<NOTE: Time period.>> In general.--For
each fiscal quarter during the period beginning on
January 1, 2020, and ending on September 30, 2021:
``(I) For every clause under
subparagraph (A) with respect to which
Puerto Rico does not fully satisfy the
requirements described in the clause
(including requirements imposed under
the terms of a plan described in the
clause) in the fiscal quarter, the
Federal medical assistance percentage
applicable to Puerto Rico under section
1905(ff) shall be reduced by the number
of percentage points determined for the
clause and fiscal quarter under
subclause (II).
``(II) The number of percentage
points determined under this subclause
with respect to a clause under
subparagraph (A) and a fiscal quarter
shall be the number of percentage points
(not to exceed 2.5 percentage points)
equal to--
``(aa) 0.25 percentage
points; multiplied by
``(bb) the total number of
consecutive fiscal quarters for
which Puerto Rico has not fully
satisfied the requirements
described in such clause.
``(ii) Exception for extenuating circumstances
or reasonable progress.--For purposes of clause
(i), Puerto Rico shall be deemed to have fully
satisfied the requirements of a clause under
subparagraph (A) (including requirements imposed
under the terms of a plan described in the clause)
for a fiscal quarter if--
``(I) the Secretary approves an
application from Puerto Rico describing
extenuating circumstances that prevented
Puerto Rico from fully satisfying the
requirements of the clause; or
``(II) in the case of a requirement
imposed under the terms of a plan
described in a clause under subparagraph
(A), Puerto Rico has made objectively
reasonable progress towards satisfying
such terms and has submitted a timely
request
[[Page 133 STAT. 3107]]
for an exception to the imposition of a
penalty to the Secretary.
``(8) Program integrity lead requirement for the virgin
islands, guam, the northern mariana islands, and american
samoa.--
``(A) <<NOTE: Deadline. Designation.>> Program
integrity lead requirement.--Not later than October 1,
2020, the agency responsible for the administration of
the Medicaid program under title XIX of each territory
specified in subparagraph (C) shall designate an officer
(other than the director of such agency) to serve as the
Program Integrity Lead for such program.
``(B) FMAP reduction.--For each fiscal quarter
during fiscal year 2021, if the territory fails to
satisfy the requirement of subparagraph (A) for the
fiscal quarter, the Federal medical assistance
percentage applicable to the territory under section
1905(ff) for such fiscal quarter shall be reduced by the
number of percentage points (not to exceed 5 percentage
points) equal to--
``(i) 0.25 percentage points; multiplied by
``(ii) the total number of fiscal quarters
during the fiscal year in which the territory
failed to satisfy such requirement.
``(C) <<NOTE: Applicability.>> Scope.--This
paragraph shall apply to the Virgin Islands, Guam, the
Northern Mariana Islands, and American Samoa.''.
(b) Treatment of Funding Under Enhanced Allotment Program.--Section
1935(e) of the Social Security Act (42 U.S.C. 1396u-5(e)) is amended--
(1) in paragraph (1)(B), by striking ``if the State'' and
inserting ``subject to paragraph (4), if the State'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) <<NOTE: Applicability.>> Treatment of funding for
certain fiscal years.--Notwithstanding paragraph (1)(B), in the
case that Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, or American Samoa establishes and submits to
the Secretary a plan described in paragraph (2) with respect to
any of fiscal years 2020 through 2021, the amount specified for
such a year in paragraph (3) for Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, or American Samoa,
as the case may be, shall be taken into account in applying, as
applicable, subparagraph (A)(ii), (B)(ii), (C)(ii), (D)(ii), or
(E)(ii) of section 1108(g)(2) for such year.''.
(c) Increased FMAP.--Subsection (ff) of section 1905 of the Social
Security Act (42 U.S.C. 1396d) is amended to read as follows:
``(ff) <<NOTE: Time periods.>> Temporary Increase in FMAP for
Territories for Certain Fiscal Years.--Notwithstanding subsection (b) or
(z)(2)--
``(1) for the period beginning October 1, 2019, and ending
December 20, 2019, the Federal medical assistance percentage for
Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa shall be equal to 100 percent;
``(2) subject to section 1108(g)(7)(C), for the period
beginning December 21, 2019, and ending September 30, 2021, the
Federal medical assistance percentage for Puerto Rico shall be
equal to 76 percent; and
[[Page 133 STAT. 3108]]
``(3) subject to section 1108(g)(8)(B), for the period
beginning December 21, 2019, and ending September 30, 2021, the
Federal medical assistance percentage for the Virgin Islands,
Guam, the Northern Mariana Islands, and American Samoa shall be
equal to 83 percent.''.
(d) Annual Report.--Section 1108(g) of the Social Security Act (42
U.S.C. 1308(g)), as amended by subsection (a), is further amended by
adding at the end the following new paragraph:
``(9) Annual report.--
``(A) In general.--Not later than the date that is
30 days after the end of each fiscal year (beginning
with fiscal year 2020 and ending with fiscal year 2021),
in the case that a specified territory receives a
Medicaid cap increase, or an increase in the Federal
medical assistance percentage for such territory under
section 1905(ff), for such fiscal year, such territory
shall submit to the Chair and Ranking Member of the
Committee on Energy and Commerce of the House of
Representatives and the Chair and Ranking Member of the
Committee on Finance of the Senate a report, employing
the most up-to-date information available, that
describes how such territory has used such Medicaid cap
increase, or such increase in the Federal medical
assistance percentage, as applicable, to increase access
to health care under the State Medicaid plan of such
territory under title XIX (or a waiver of such plan).
Such report may include--
``(i) the extent to which such territory has,
with respect to such plan (or waiver)--
``(I) increased payments to health
care providers;
``(II) increased covered benefits;
``(III) expanded health care
provider networks; or
``(IV) improved in any other manner
the carrying out of such plan (or
waiver); and
``(ii) any other information as determined
necessary by such territory.
``(B) Definitions.--In this paragraph:
``(i) Medicaid cap increase.--The term
`Medicaid cap increase' means, with respect to a
specified territory and fiscal year, any increase
in the amounts otherwise determined under this
subsection for such territory for such fiscal year
by reason of the amendments made by section 202 of
division N of the Further Consolidated
Appropriations Act, 2020.
``(ii) Specified territory.--The term
`specified territory' means Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa.''.
(e) Application of Certain Data Reporting and Program Integrity
Requirements to Northern Mariana Islands, American Samoa, and Guam.--
(1) In general.--Section 1902 of the Social Security Act (42
U.S.C. 1396a) is amended by adding at the end the following new
subsection:
``(qq) Application of Certain Data Reporting and Program Integrity
Requirements to Northern Mariana Islands, American Samoa, and Guam.--
[[Page 133 STAT. 3109]]
``(1) <<NOTE: Deadline.>> In general.--Not later than
October 1, 2021, the Northern Mariana Islands, American Samoa,
and Guam shall--
``(A) demonstrate progress in implementing methods,
satisfactory to the Secretary, for the collection and
reporting of reliable data to the Transformed Medicaid
Statistical Information System (T-MSIS) (or a successor
system); and
``(B) demonstrate progress in establishing a State
medicaid fraud control unit described in section
1903(q).
``(2) Determination of progress.--For purposes of paragraph
(1), the Secretary shall deem that a territory described in such
paragraph has demonstrated satisfactory progress in implementing
methods for the collection and reporting of reliable data or
establishing a State medicaid fraud control unit if the
territory has made a good faith effort to implement such methods
or establish such a unit, given the circumstances of the
territory.''.
(2) Conforming amendment.--Section 1902(j) of the Social
Security Act (42 U.S.C. 1396a(j)) is amended--
(A) by striking ``or the requirement'' and inserting
``, the requirement''; and
(B) by inserting before the period at the end the
following: ``, or the requirement under subsection
(qq)(1) (relating to data reporting)''.
(3) <<NOTE: 42 USC 1396a note.>> Reevaluation of waivers of
medicaid fraud control unit requirement.--
(A) <<NOTE: Deadline.>> In general.--Not later than
the date that is 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services
shall reevaluate any waiver approved (and in effect as
of the date of enactment of this Act) for Guam, the
Northern Mariana Islands, or American Samoa under
subsection (a)(61) or subsection (j) of section 1902 of
the Social Security Act (42 U.S.C.1396a) with respect to
the requirement to establish a State medicaid fraud
control unit (as described in section 1903(q) of such
Act (42 U.S.C. 1396b(q))).
(B) Rule of construction.--Nothing in this paragraph
shall be construed as requiring the Secretary of Health
and Human Services to terminate or refuse to extend a
waiver described in subparagraph (A).
(f) Additional Program Integrity Requirements.--
(1) Definitions.--In this subsection:
(A) Inspector general.--The term ``Inspector
General'' means the Inspector General of the Department
of Health and Human Services.
(B) Puerto rico's medicaid program.--The term
``Puerto Rico's Medicaid program'' means, collectively,
Puerto Rico's State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) and any waiver of
such plan.
(2) Report on contracting oversight and approval.--Not later
than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall issue, and submit
to the Chair and Ranking Member of the Committee on Energy and
Commerce of the House of Representatives and the Chair and
Ranking Member of the Committee on Finance of the Senate, a
report on contracting oversight and
[[Page 133 STAT. 3110]]
approval with respect to Puerto Rico's State plan under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or a
waiver of such plan). Such report shall--
(A) <<NOTE: Examinations.>> examine--
(i) the process used by Puerto Rico to
evaluate bids and award contracts under such plan
(or waiver);
(ii) which contracts are not subject to
competitive bidding or requests for proposals
under such plan (or waiver); and
(iii) oversight by the Centers for Medicare &
Medicaid Services of contracts awarded under such
plan (or waiver); and
(B) <<NOTE: Recommenda- tions.>> include any
recommendations for Congress, the Secretary of Health
and Human Services, or Puerto Rico relating to changes
that the Comptroller General determines necessary to
improve the program integrity of such plan (or waiver).
(3) <<NOTE: Deadline.>> Audits of managed care payments.--
Not later than the date that is 1 year after the date of
enactment of this Act, the Inspector General shall develop and
submit to Congress--
(A) <<NOTE: Reports.>> a report identifying
payments made under Puerto Rico's Medicaid program to
managed care organizations that the Inspector General
determines to be at high risk for waste, fraud, or
abuse; and
(B) <<NOTE: Plan.>> a plan for auditing and
investigating such payments.
(4) System for tracking federal funding provided to puerto
rico; medicaid and chip scorecard reporting.--Section 1902 of
the Social Security Act (42 U.S.C. 1396a), as amended by
subsection (e), is further amended by adding at the end the
following new subsection:
``(rr) Program Integrity Requirements for Puerto Rico.--
``(1) System for tracking federal medicaid funding provided
to puerto rico.--
``(A) In general.--Puerto Rico shall establish and
maintain a system, which may include the use of a
quarterly Form CMS-64, for tracking any amounts paid by
the Federal Government to Puerto Rico with respect to
the State plan of Puerto Rico (or a waiver of such
plan). Under such system, Puerto Rico <<NOTE: Effective
date.>> shall ensure that information is available, with
respect to each quarter in a fiscal year (beginning with
the first quarter beginning on or after the date that is
1 year after the date of the enactment of this
subsection), on the following:
``(i) In the case of a quarter other than the
first quarter of such fiscal year--
``(I) the total amount expended by
Puerto Rico during any previous quarter
of such fiscal year under the State plan
of Puerto Rico (or a waiver of such
plan); and
``(II) a description of how such
amount was so expended.
``(ii) The total amount that Puerto Rico
expects to expend during the quarter under the
State plan of Puerto Rico (or a waiver of such
plan), and a description of how Puerto Rico
expects to expend such amount.
[[Page 133 STAT. 3111]]
``(B) Report to cms.--For each quarter with respect
to which Puerto Rico is required under subparagraph (A)
to ensure that information described in such
subparagraph is available, Puerto Rico shall submit to
the Administrator of the Centers for Medicare & Medicaid
Services a report on such information for such quarter,
which may include the submission of a quarterly Form
CMS-37.
``(2) Submission of documentation on contracts upon
request.--Puerto Rico shall, upon request, submit to the
Administrator of the Centers for Medicare & Medicaid Services
all documentation requested with respect to contracts awarded
under the State plan of Puerto Rico (or a waiver of such plan).
``(3) Reporting on medicaid and chip scorecard measures.--
<<NOTE: Effective date.>> Beginning 12 months after the date of
enactment of this subsection, Puerto Rico shall begin to report
to the Administrator of the Centers for Medicare & Medicaid
Services on selected measures included in the Medicaid and CHIP
Scorecard developed by the Centers for Medicare & Medicaid
Services.''.
(5) Appropriation.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the Secretary
of Health and Human Services $5,000,000 for each of fiscal years
2020 through 2021 to carry out this subsection.
SEC. 203. DELAY OF DSH REDUCTIONS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended by striking ``December 21, 2019'' each place it
appears and inserting ``May 23, 2020''.
SEC. 204. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C.
1396r-5 note) is amended by striking ``December 31, 2019'' and inserting
``May 22, 2020''.
(b) <<NOTE: 42 USC 1396a note.>> Rule of Construction.--Nothing in
section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section
1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17),
1396r-5) shall be construed as prohibiting a State from--
(1) applying an income or resource disregard under a
methodology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))--
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act
(42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a
disregard of the income or resources of such
individual's spouse); or
(B) on the basis of an individual's need for home
and community-based services authorized under subsection
(c), (d), (i), or (k) of section 1915 of such Act (42
U.S.C. 1396n) or under section 1115 of such Act (42
U.S.C. 1315); or
(2) disregarding an individual's spousal income and assets
under a plan amendment to provide medical assistance for home
and community-based services for individuals by reason of being
determined eligible under section 1902(a)(10)(C) of such Act (42
U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such
Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
reduction of income based on costs incurred for medical or other
remedial care under which the State disregarded the income and
assets of the individual's spouse in
[[Page 133 STAT. 3112]]
determining the initial and ongoing financial eligibility of an
individual for such services in place of the spousal
impoverishment provisions applied under section 1924 of such Act
(42 U.S.C. 1396r-5).
SEC. 205. EXTENSION OF THE MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION PROGRAM.
Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C.
1396a note) is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by striking ``and'' after
the semicolon;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) subject to paragraph (3), $176,000,000 for the
period beginning on January 1, 2020, and ending on May
22, 2020.''; and
(2) in paragraph (3)--
(A) in the paragraph header, by striking ``for fy
2019''; and
(B) by striking ``paragraph (1)(F)'' and inserting
``subparagraphs (F) and (G) of paragraph (1)''.
Subtitle C--Human Services and Other Health Programs
SEC. 301. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS HEALTH
PROFESSIONS WORKFORCE NEEDS.
Activities authorized by section 2008 of the Social Security Act
shall continue through May 22, 2020, in the manner authorized for fiscal
year 2019, and out of any money in the Treasury of the United States not
otherwise appropriated, there are hereby appropriated such sums as may
be necessary for such purpose. Grants and payments may be made pursuant
to this authority through the date so specified at the pro rata portion
of the total amount authorized for such activities in fiscal year 2019.
SEC. 302. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
PROGRAM AND RELATED PROGRAMS.
Activities authorized by part A of title IV and section 1108(b) of
the Social Security Act shall continue through May 22, 2020, in the
manner authorized for fiscal year 2019, and out of any money in the
Treasury of the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such purpose.
SEC. 303. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PROGRAM.
Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``December 20, 2019'' and
inserting ``May 22, 2020'';
[[Page 133 STAT. 3113]]
(B) in paragraph (2)(A), by striking ``December 20,
2019'' and inserting ``May 22, 2020''; and
(2) in subsection (f)(1), by striking ``$16,643,836 for the
period beginning October 1, 2019, and ending December 20, 2019''
and inserting ``$48,287,671 for the period beginning October 1,
2019, and ending May 22, 2020''.
SEC. 304. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM.
Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``December 20, 2019'' and
inserting ``May 22, 2020'';
(B) in subparagraph (B)(i), by striking by striking
``December 20, 2019'' and inserting ``May 22, 2020'';
and
(2) in subsection (f), by striking ``$16,643,836 for the
period beginning October 1, 2019, and ending December 20, 2019''
and inserting ``$48,287,671 for the period beginning October 1,
2019, and ending May 22, 2020''.
Subtitle D--Public Health Provisions
SEC. 401. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL
HEALTH SERVICE CORPS, AND TEACHING HEALTH
CENTERS THAT OPERATE GME PROGRAMS.
(a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient
Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is
amended by--
(1) striking ``$887,671,223'' and inserting
``$2,575,342,466''; and
(2) striking ``December 20, 2019'' and inserting ``May 22,
2020''.
(b) National Health Service Corps.--Section 10503(b)(2)(G) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(G))
is amended--
(1) by striking ``$68,794,521'' and inserting
``$199,589,041''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g)(1) of the Public Health Service Act (42
U.S.C. 256h(g)(1)) is amended--
(1) by striking ``$28,072,603'' and inserting
``$81,445,205''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
(d) <<NOTE: Time period.>> Application of Provisions.--Amounts
appropriated pursuant to the amendments made by this section for the
period beginning on October 1, 2019, and ending on May 22, 2020, shall
be subject to the requirements contained in Public Law 115-245 for funds
for programs authorized under sections 330 through 340 of the Public
Health Service Act (42 U.S.C. 254 through 256).
(e) Conforming Amendment.--Paragraph (4) of section 3014(h) of title
18, United States Code, as amended by section 1101(e)
[[Page 133 STAT. 3114]]
of division B of Public Law 116-69, is amended by striking ``section
1101(d) of division B of the Continuing Appropriations Act, 2020, and
Health Extenders Act of 2019, and section 1101(d) of the Further
Continuing Appropriations Act, 2020, and Further Health Extenders Act of
2019'' and inserting ``, and section 401(d) of division N of the Further
Consolidated Appropriations Act, 2020''.
SEC. 402. DIABETES PROGRAMS.
(a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act
(42 U.S.C. 254c-2(b)(2)(D)) is amended--
(1) by striking ``$33,287,671'' and inserting
``$96,575,342''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
(b) Indians.--Section 330C(c)(2)(D) of the Public Health Service Act
(42 U.S.C. 254c-3(c)(2)(D)) is amended--
(1) by striking ``$33,287,671'' and inserting
``$96,575,342''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
SEC. 403. POISON CENTER NETWORK ENHANCEMENT.
(a) National Toll-free Number.--Section 1271 of the Public Health
Service Act (42 U.S.C. 300d-71) is amended--
(1) in the section heading, by inserting before the period
the following: ``and other communication capabilities''; and
(2) by striking subsection (a) and inserting the following:
``(a) <<NOTE: Coordination.>> In General.--The Secretary--
``(1) shall provide coordination and assistance to poison
control centers for the establishment and maintenance of a
nationwide toll-free phone number, to be used to access such
centers; and
``(2) <<NOTE: Consultation.>> may provide coordination and
assistance to poison control centers and consult with
professional organizations for the establishment,
implementation, and maintenance of other communication
technologies to be used to access such centers.'';
(3) by redesignating subsection (b) as subsection (c);
(4) by inserting after subsection (a) the following:
``(b) Routing Contacts With Poison Control Centers.--Not later
than <<NOTE: Deadline. Coordination.>> 18 months after the date of
enactment of this subsection, the Secretary shall coordinate with the
Chairman of the Federal Communications Commission, to the extent
technically and economically feasible, to ensure that communications
with the national toll-free number are routed to the appropriate poison
control center based on the physical location of the contact rather than
the area code of the contact device.''; and
(5) in subsection (c), as so redesignated--
(A) by striking ``2015 through 2019'' and inserting
``2020 through 2024''; and
(B) by striking ``maintenance of the nationwide toll
free phone number under subsection (a)'' and inserting
``establishment, implementation, and maintenance
activities carried out under subsections (a) and (b)''.
(b) Nationwide Media Campaign.--Section 1272 of the Public Health
Service Act (42 U.S.C. 300d-72) is amended--
(1) in the section heading, by striking ``nationwide media
campaign to promote'' and inserting ``promoting'';
[[Page 133 STAT. 3115]]
(2) in subsection (a)--
(A) by inserting ``and support outreach to'' after
``educate'';
(B) by striking ``poison prevention'' and inserting
``poisoning and toxic exposure prevention''; and
(C) by striking ``established under'' and inserting
``and other available communication technologies
established, implemented, or maintained under'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``nationwide poison prevention'' and inserting
``nationwide poisoning and toxic exposure prevention'';
and
(B) in paragraph (1), by striking ``poison
prevention and poison control center'' and inserting
``poisoning and toxic exposure prevention awareness
materials, applicable public health emergency
preparedness and response information, and poison
control center'' after ``distribution of''; and
(4) by striking subsection (c);
(5) by redesignating subsection (d) as subsection (c); and
(6) in subsection (c) (as so redesignated), by striking
``2015 through 2019'' and inserting ``2020 through 2024''.
(c) Maintenance of Program.--Section 1273 of the Public Health
Service Act (42 U.S.C. 300d-73) is amended--
(1) in subsection (a), by inserting ``and toxic exposures''
after ``poisonings''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``for poison'' and inserting
``for poisoning and toxic exposure''; and
(ii) by striking ``and preparedness'' and
inserting ``preparedness and response'';
(B) in paragraph (3)--
(i) by striking ``United States and'' and
inserting ``United States,''; and
(ii) by inserting before the semicolon the
following: ``, and other government agencies as
determined to be appropriate and nonduplicative by
the Secretary''; and
(C) in paragraph (8), by striking ``calls'' and
inserting ``contacts'';
(3) in subsection (d) , by striking paragraph (3) and
inserting the following:
``(3) Limitation.--
``(A) <<NOTE: Time period.>> In general.--The sum
of the number of years for a waiver under paragraph (1)
and a renewal under paragraph (2) may not exceed 5
years.
``(B) <<NOTE: Waiver authority. Time period.>>
Public health emergency.--Notwithstanding any previous
waivers, in the case of a poison control center whose
accreditation is affected by a public health emergency
declared pursuant to section 319, the Secretary may, as
the circumstances of the emergency reasonably require,
provide a waiver under paragraph (1) or a renewal under
paragraph (2), not to exceed 2
years. <<NOTE: Reports.>> The Secretary may require
quarterly reports and other information related to such
a waiver or renewal under this paragraph.'';
(4) by striking subsection (f) and inserting the following:
[[Page 133 STAT. 3116]]
``(f) Maintenance of Effort.--With respect to activities for which a
grant is awarded under this section, the Secretary may require that
poison control centers agree to maintain the expenditures of the center
for such activities at a level that is not less than the level of
expenditures maintained by the center for the fiscal year preceding the
fiscal year for which the grant is received.'';
(5) In subsection (g), by striking ``2015 through 2019'' and
inserting ``2020 through 2024''; and
(6) by adding at the end the following:
``(h) Biennial Report to Congress.--Not later than 2 years after the
date of enactment of this subsection, and every 2 years thereafter, the
Secretary shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and Committee on Energy and Commerce of the House
of Representatives a report concerning the operations of, and trends
identified by, the Poison Control Network. Such report shall include--
``(1) descriptions of the activities carried out pursuant to
sections 1271, 1272, and 1273, and the alignment of such
activities with the purposes provided under subsection (a);
``(2) a description of trends in volume of contacts to
poison control centers;
``(3) a description of trends in poisonings and toxic
exposures reported to poison control centers, as applicable and
appropriate;
``(4) <<NOTE: Assessment.>> an assessment of the impact of
the public awareness campaign, including any geographic
variations;
``(5) a description of barriers, if any, preventing poison
control centers from achieving the purposes and programs under
this section and sections 1271 and 1272;
``(6) a description of the standards for accreditation
described in subsection (c), including any variations in those
standards, and any efforts to create and maintain consistent
standards across organizations that accredit poison control
centers; and
``(7) the number of and reason for any waivers provided
under subsection (d).''.
SEC. 404. <<NOTE: Kay Hagan Tick Act.>> KAY HAGAN TICK ACT.
(a) <<NOTE: 42 USC 201 note.>> Short Title.--This section may be
cited as the ``Kay Hagan Tick Act''.
(b) Combating Vector-borne Diseases.--Title III of the Public Health
Service Act is amended by inserting after section 317T (42 U.S.C. 247b-
22) the following:
``SEC. 317U. <<NOTE: 42 USC 247b-23.>> NATIONAL STRATEGY AND
REGIONAL CENTERS OF EXCELLENCE IN
VECTOR-BORNE DISEASES.
``(a) In General.--The Secretary shall--
``(1)(A) ensure the development and implementation of a
national strategy to address vector-borne diseases, including
tick-borne diseases, that--
``(i) identifies and assesses gaps and any
unnecessary duplication in federally-funded programs;
and
``(ii) identifies strategic goals to address such
diseases and appropriate benchmarks to measure progress
toward achieving such goals; and
``(B) <<NOTE: Updates.>> update such strategy, as
appropriate; and
``(2) <<NOTE: Coordination.>> coordinate programs and
activities, including related to data collection, research, and
the development of diagnostics,
[[Page 133 STAT. 3117]]
treatments, vaccines, and other related activities, to address
vector-borne diseases, including tick-borne diseases, across the
Department of Health and Human Services and with other Federal
agencies or departments, as appropriate.
``(b) Consultation.--In carrying out subsection (a)(1), the
Secretary shall consult with the Tick-Borne Disease Working Group
established under section 2062 of the 21st Century Cures Act (42 U.S.C.
284s) and other individuals, as appropriate, such as--
``(1) epidemiologists with experience in vector-borne
diseases;
``(2) representatives of patient advocacy and research
organizations that focus on vector-borne diseases, including
such organizations that have demonstrated experience in related
research, public health, data collection, or patient access to
care;
``(3) health information technology experts or other
information management specialists;
``(4) clinicians, entomologists, vector management
professionals, public health professionals, and others with
expertise in vector-borne diseases; and
``(5) researchers, including researchers with experience
conducting translational research.
``(c) <<NOTE: Coordination. Grants. Contracts.>> Centers of
Excellence.--The Secretary, in coordination with the Director of the
Centers for Disease Control and Prevention, shall award grants,
contracts, or cooperative agreements to institutions of higher education
for the establishment or continued support of regional centers of
excellence in vector-borne diseases to address vector-borne diseases,
including tick-borne diseases, by--
``(1) facilitating collaboration between academia and public
health organizations for public health surveillance, prevention,
and response activities related to vector-borne diseases,
including tick-borne diseases;
``(2) providing training for public health entomologists and
other health care professionals, as appropriate, to address
vector-borne diseases, including tick-borne diseases;
``(3) conducting research to develop and validate prevention
and control tools and methods, including evidence-based and
innovative, evidence-informed tools and methods to anticipate
and respond to disease outbreaks; or
``(4) preparing for and responding to outbreaks of vector-
borne diseases, including tick-borne diseases.
``(d) Eligibility.--To be eligible to receive a grant, contract, or
cooperative agreement under subsection (c), an entity shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require, including a
description of how the entity will conduct the activities described in
such subsection.
``(e) Reports.--
``(1) Program summary.--An entity receiving an award under
subsection (c) shall, not later than one year after receiving
such award, and annually thereafter, submit to the Secretary a
summary of programs and activities funded under the award.
``(2) Progress report.--Not later than 4 years after the
date of enactment of this section, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce
[[Page 133 STAT. 3118]]
of the House of Representatives, a report on the progress made
in addressing vector-borne diseases, including tick-borne
diseases, through activities carried out under this section.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for each of fiscal years 2021 through 2025.''.
(c) Enhancing Capacity to Address Vector-borne Diseases.--Subtitle C
of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-31 et
seq.) is amended by adding at the end the following:
``SEC. 2822. <<NOTE: Contracts. 2 USC 300hh-32.>> ENHANCED
SUPPORT TO ASSIST HEALTH DEPARTMENTS IN
ADDRESSING VECTOR-BORNE DISEASES.
``(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may enter into cooperative
agreements with health departments of States, political subdivisions of
States, and Indian Tribes and Tribal organizations in areas at high risk
of vector-borne diseases in order to increase capacity to identify,
report, prevent, and respond to such diseases and related outbreaks.
``(b) Eligibility.--To be eligible to enter into a cooperative
agreement under this section, an entity described in subsection (a)
shall prepare and submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require, including a plan that describes--
``(1) how the applicant proposes to develop or expand
programs to address vector-borne disease risks, including
through--
``(A) related training and workforce development;
``(B) programmatic efforts to improve capacity to
identify, report, prevent, and respond to such disease
and related outbreaks; and
``(C) other relevant activities identified by the
Director of the Centers for Disease Control and
Prevention, as appropriate;
``(2) the manner in which the applicant will coordinate with
other Federal, Tribal, and State agencies and programs, as
applicable, related to vector-borne diseases, as well as other
relevant public and private organizations or agencies; and
``(3) the manner in which the applicant will evaluate the
effectiveness of any program carried out under the cooperative
agreement.
``(c) Authorization of Appropriations.--For the purposes of carrying
out this section, there are authorized to be appropriated $20,000,000
for each of fiscal years 2021 through 2025.''.
Subtitle E--Revenue Provisions
SEC. 501. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of
1986 <<NOTE: 26 USC 4191 prec., 4191.>> is amended by striking
subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of the Internal Revenue
Code of 1986 <<NOTE: 26 USC 4221.>> is amended by striking the
last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is amended
by striking the last sentence.
[[Page 133 STAT. 3119]]
(c) Clerical Amendment.--The table of subchapters for chapter 32 of
the Internal Revenue Code of 1986 <<NOTE: 26 USC 4061 prec.>> is
amended by striking the item relating to subchapter E.
(d) <<NOTE: 26 USC 4221 note.>> Effective Date.--The amendments
made by this section shall apply to sales after December 31, 2019.
SEC. 502. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.
(a) In General.--Subtitle A of title IX of the Patient Protection
and Affordable Care Act <<NOTE: 26 USC 4001 note prec.>> is amended by
striking section 9010.
(b) <<NOTE: 26 USC 4001 note prec.>> Effective Date.--The amendment
made by this section shall apply to calendar years beginning after
December 31, 2020.
SEC. 503. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED
HEALTH COVERAGE.
(a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is
amended by striking section 4980I.
(b) Conforming Amendments.--
(1) Section 6051 of such Code is amended--
(A) by striking ``section 4980I(d)(1)'' in
subsection (a)(14) and inserting ``subsection (g)'', and
(B) by adding at the end the following new
subsection:
``(g) <<NOTE: Definitions.>> Applicable Employer-Sponsored
Coverage.--For purposes of subsection (a)(14)--
``(1) In general.--The term `applicable employer-sponsored
coverage' means, with respect to any employee, coverage under
any group health plan made available to the employee by an
employer which is excludable from the employee's gross income
under section 106, or would be so excludable if it were
employer-provided coverage (within the meaning of such section
106).
``(2) Exceptions.--The term `applicable employer-sponsored
coverage' shall not include--
``(A) any coverage (whether through insurance or
otherwise) described in section 9832(c)(1) (other than
subparagraph (G) thereof) or for long-term care,
``(B) any coverage under a separate policy,
certificate, or contract of insurance which provides
benefits substantially all of which are for treatment of
the mouth (including any organ or structure within the
mouth) or for treatment of the eye, or
``(C) any coverage described in section 9832(c)(3)
the payment for which is not excludable from gross
income and for which a deduction under section 162(l) is
not allowable.
``(3) Coverage includes employee paid portion.--Coverage
shall be treated as applicable employer-sponsored coverage
without regard to whether the employer or employee pays for the
coverage.
``(4) Governmental plans included.--Applicable employer-
sponsored coverage shall include coverage under any group health
plan established and maintained primarily for its civilian
employees by the Government of the United States, by the
government of any State or political subdivision thereof, or by
any agency or instrumentality of any such government.''.
(2) Section 9831(d)(1) of such Code is amended by striking
``except as provided in section 4980I(f)(4)''.
[[Page 133 STAT. 3120]]
(3) The table of sections for chapter 43 <<NOTE: 26 USC 4971
prec.>> of such Code is amended by striking the item relating
to section 4980I.
(c) <<NOTE: 26 USC 6051 note.>> Effective Date.--The amendments
made by this section shall apply to taxable years beginning after
December 31, 2019.
Subtitle F--Miscellaneous Provisions
SEC. 602. <<NOTE: Family First Transition Act.>> ADDRESSING
EXPIRATION OF CHILD WELFARE DEMONSTRATION
PROJECTS AND SUPPORTING FAMILY FIRST
IMPLEMENTATION.
(a) <<NOTE: 42 USC 1305 note.>> Short Title.--This section may be
cited as the ``Family First Transition Act''.
(b) Evidence Standard Transition.--
(1) <<NOTE: 42 USC 674 note.>> Temporary suspension of
requirement that at least 50 percent of a state's reimbursement
for prevention and family services and programs be for programs
and services that meet the well-supported practice
requirement.--With respect to quarters in fiscal years 2020 and
2021, section 474(a)(6)(A) of the Social Security Act (42 U.S.C.
674(a)(6)(A)) shall be applied without regard to clause (ii) of
such section.
(2) Supported practices temporarily treated as well-
supported practices.--With respect to quarters in fiscal years
2022 and 2023, practices that meet the criteria specified for
supported practices in section 471(e)(4)(C) of the Social
Security Act (42 U.S.C. 671(e)(4)(C)) shall be considered well-
supported practices for purposes of section 474(a)(6)(A)(ii) of
such Act (42 U.S.C. 674(a)(6)(A)(ii)).
(c) Enhanced Funding for Transition Activities.--
(1) Transition funding.--
(A) Appropriation.--Out of any money in the Treasury
of the United States not otherwise appropriated, there
are appropriated to the Secretary of Health and Human
Services (in this section referred to as the
``Secretary'') to carry out this subsection $500,000,000
for fiscal year 2020, which shall remain available
through fiscal year 2021.
(B) Distribution of funds.--
(i) In general.--The Secretary shall allot the
amount appropriated by subparagraph (A) of this
paragraph in accordance with section 423 of the
Social Security Act (42 U.S.C. 623), and shall pay
each State to which an allotment is so made, the
total amount so allotted, subject to clause (ii)
of this subparagraph.
(ii) Reservation of funds for indian tribes
and tribal organizations.--Before applying clause
(i) of this subparagraph, the Secretary shall
reserve 3 percent of the amount appropriated by
subparagraph (A) of this paragraph for allotment
to the Indian tribes and tribal organizations with
a plan approved under subpart 1 of part B of title
IV of the Social Security Act, based on each tribe
or tribal organization's share of the total tribal
child population among all such tribes and tribal
organizations.
(2) Funding certainty for states with expiring demonstration
projects.--
[[Page 133 STAT. 3121]]
(A) In general.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated to the Secretary, for payment to each State
that was operating a demonstration project approved
under section 1130 of the Social Security Act on
September 30, 2019, for each fiscal year specified in
subparagraph (B) of this paragraph, an amount equal to
the amount (if any) by which--
(i)(I) the applicable percentage for the
fiscal year so specified of the maximum capped
allocation due to the State or sub-State
jurisdiction for fiscal year 2019 for foster care
maintenance, administration, or training costs,
under the demonstration project, as specified in
section 4.3 of the State waiver terms and
conditions document capped allocation payment
table in effect on August 31, 2019; or
(II) if the terms and conditions do not
specify a maximum amount payable for fiscal year
2019 for the State or sub-State jurisdiction (due
to the use of a comparison jurisdiction to ensure
cost neutrality), the final cost neutrality limit
for the State or sub-State jurisdiction for fiscal
year 2018, as most recently reported by the State
or sub-State jurisdiction as of September 30,
2019, for foster care maintenance, administration,
or training costs under the demonstration project
that were included in the waiver; exceeds
(ii) the total amount payable to the State or
sub-State jurisdiction under part E of title IV of
such Act for the fiscal year so specified for
foster care expenditures (whether payable under
paragraph (1) or (3) of section 474(a) of such
Act) that were maintenance, administration, or
training costs of the demonstration project taken
into account by the Secretary in determining the
total amount referred to in clause (i) of this
subparagraph.
(B) Applicable percentage defined.--In this
subparagraph, the term ``applicable percentage'' means--
(i) 90 percent, in the case of fiscal year
2020; or
(ii) 75 percent, in the case of fiscal year
2021.
(C) Special rule.--The calculation under
subparagraph (A) with respect to a State shall be made
without regard to--
(i) any change approved after August 31, 2019,
in the capped allocation or the terms and
conditions referred to in clause (i) of
subparagraph (A) with respect to the State; or
(ii) any change made after such date to the
financial form submitted by the State that is used
in determining the capped allocation.
(D) Distribution of funds.--Each State that receives
funds under this paragraph shall distribute the funds to
jurisdictions in the State that were operating
demonstration projects under section 1130 of the Social
Security Act in a manner consistent with each sub-State
jurisdiction's proportionate loss as compared with
fiscal year 2019.
[[Page 133 STAT. 3122]]
(E) <<NOTE: Reports. Determination.>>
Reconciliation process.--Each State seeking a payment
under this paragraph shall report expenditures pursuant
to part E of title IV of the Social Security Act (42
U.S.C. 670 et seq.) in a manner determined by the
Secretary and the Secretary shall account for any
revisions to spending for fiscal years 2020 and 2021
after the end of the respective fiscal year that are
reported by the State agency administering the State
plan approved under such part, and received by the
Department of Health and Human Services, within 2 years
after the last day of the fiscal quarter in which the
expenditure was made.
(F) Availability of funds.--The amounts made
available for payments to States under this paragraph
for a fiscal year shall remain available through the end
of the third succeeding fiscal year.
(3) Use of funds.--
(A) In general.--In addition to the purposes
specified in part B of title IV of the Social Security
Act (42 U.S.C. 671 et seq.), a State may use funds
provided under this subsection for activities previously
funded under a demonstration project under section 1130
of such Act (42 U.S.C. 1320a-9) to reduce any adverse
fiscal impacts as jurisdictions transition funding
sources for the projects, and for activities directly
associated with the implementation of title VII of
division E of Public Law 115-123 (also known as the
Family First Prevention Services Act).
(B) Limitation.--None of the funds provided under
this subsection may be used to match Federal funds under
any program.
(d) Reporting on Enhanced Funding for Transition Activities.--
(1) In general.--Each State to which funds are paid under
subsection (c) of this section shall submit to the Secretary, in
a manner specified by the Secretary, a written report on--
(A) how the grant is used to implement each part of
title VII of division E of Public Law 115-123 (also
known as the Family First Prevention Services Act), with
a separate statement with respect to each such part;
(B) all programs, services, and operational costs to
which the grant is put;
(C) the characteristics of the families and children
served by use of the grant; and
(D)(i) the use by the State of amounts provided for
each fiscal year to continue activities previously
funded under a waiver provided under section 1130 of the
Social Security Act (42 U.S.C. 1320a-9); and
(ii)(I) <<NOTE: Plan.>> the plan of the State to
transition the activities so that needed activities can
be provided under the State plan approved under part E
of title IV of the Social Security Act (42 U.S.C. 670 et
seq.); or
(II) if expenditures for the activities would not be
eligible for payment under the State plan approved under
such part E--
(aa) the reason therefor; and
(bb) the funding sources the State plans to
use to cover the costs of needed activities.
[[Page 133 STAT. 3123]]
(2) Applicability of other laws.--For purposes of subpart 2
of part B of title IV of the Social Security Act (42 U.S.C. 629
et seq.), each report required by paragraph (1) of this
subsection shall be considered to be required by section
432(a)(8) of such Act (42 U.S.C. 629b(a)(8)), and shall contain
such additional information as the Secretary may require.
(e) Definition of State.--In this section, the term ``State'' has
the meaning given the term in section 431(a)(4) of the Social Security
Act (42 U.S.C. 629a(a)(4)).
(f) Renaming of Title IV-B-2 of the Social Security Act.--The
subpart heading for subpart 2 of part B of title IV of the Social
Security Act is amended by striking ``Promoting Safe and Stable
Families'' and inserting ``MaryLee Allen Promoting Safe and Stable
Families Program''.
(g) <<NOTE: 42 USC 674 note.>> Effective Date.--This section and
the amendments made by this section shall take effect as if included in
the Bipartisan Budget Act of 2018 on the date of the enactment of such
Act.
(h) Technical Correction.--Section 50701 of the Bipartisan Budget
Act of 2018 (42 U.S.C. 1305 note; Public Law 115-123) is amended by
striking ``Bipartisan Budget Act of 2018'' and inserting ``Family First
Prevention Services Act''.
SEC. 603. MINIMUM AGE OF SALE OF TOBACCO PRODUCTS.
(a) In General.--Section 906(d) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387f(d)) is amended--
(1) in paragraph (3)(A)(ii), by striking ``18 years'' and
inserting ``21 years''; and
(2) by adding at the end the following:
``(5) Minimum age of sale.--It shall be unlawful for any
retailer to sell a tobacco product to any person younger than 21
years of age.''.
(b) <<NOTE: Deadlines. Federal Register, publication. 21 USC 387f
note.>> Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall publish in the Federal Register a final rule to update the
regulations issued under chapter IX of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 387 et seq.) as appropriate, only to
carry out the amendments made by subsection (a), including to
update all references to persons younger than 18 years of age in
subpart B of part 1140 of title 21, Code of Federal Regulations,
and to update the relevant age verification requirements under
such part 1140 to require age verification for individuals under
the age of 30. Such final rule shall--
(A) take full effect not later than 90 days after
the date on which such final rule is published; and
(B) be deemed to be in compliance with all
applicable provisions of chapter 5 of title 5, United
States Code and all other provisions of law relating to
rulemaking procedures.
(2) Other regulations.--Prior to making amendments to part
1140 of title 21, Code of Federal Regulations other than the
amendments described in paragraph (1), the Secretary shall
promulgate a proposed rule in accordance with chapter 5 of title
5, United States Code.
[[Page 133 STAT. 3124]]
(c) <<NOTE: Deadline.>> Notification.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall provide written
notification to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of the House of
Representatives regarding the progress of the Department of Health and
Human Services towards promulgating the final rule under subsection
(b). <<NOTE: Time period.>> If, 180 days after the date of enactment of
this Act, such rule has not been promulgated in accordance with
subsection (b), the Secretary shall provide a written notification and a
justification for the delay in rulemaking to such committees.
(d) Penalties for Violations.--
(1) In general.--Section 103(q)(2) of the Family Smoking
Prevention and Tobacco Control Act (Public Law 111-
31) <<NOTE: 21 USC 333 note.>> is amended--
(A) in subparagraph (A), in the matter preceding
clause (i), by inserting ``section 906(d)(5) or of''
after ``violations of''; and
(B) in subparagraph (C), by inserting ``section
906(d)(5) or of'' after ``a retailer of''.
(2) Repeated violations.--Section 303(f)(8) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(8)) is amended by
inserting ``section 906(d)(5) or of'' after ``repeated
violations of''.
(3) Misbranded products.--Section 903(a)(7)(B) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387c) is amended
by inserting ``section 906(d)(5) or of'' after ``violation of''.
SEC. 604. SALE OF TOBACCO PRODUCTS TO INDIVIDUALS UNDER THE AGE OF
21.
(a) In General.--Section 1926 of the Public Health Service Act (42
U.S.C. 300x-26) is amended--
(1) in the heading--
(A) by striking ``state law regarding''; and
(B) by striking ``18'' and inserting ``21'';
(2) by striking subsections (a) and (d);
(3) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(4) by amending subsection (a), as so redesignated, to read
as follows:
``(a) In General.--A funding agreement for a grant under section
1921 is that the State involved will--
``(1) annually conduct random, unannounced inspections to
ensure that retailers do not sell tobacco products to
individuals under the age of 21; and
``(2) <<NOTE: Reports.>> annually submit to the Secretary a
report describing--
``(A) the activities carried out by the State to
ensure that retailers do not sell tobacco products to
individuals under the age of 21;
``(B) the extent of success the State has achieved
in ensuring that retailers do not sell tobacco products
to individuals under the age of 21; and
``(C) <<NOTE: Strategies.>> the strategies to be
utilized by the State to ensure that retailers do not
sell tobacco products to individuals under the age of 21
during the fiscal year for which the grant is sought.'';
[[Page 133 STAT. 3125]]
(5) in subsection (b), as so redesignated--
(A) by striking paragraphs (1), (2), (3), and (4);
(B) by striking ``Before making'' and inserting the
following:
``(1) In general.--Before making'';
(C) by striking ``for the first applicable fiscal
year or any subsequent fiscal year'';
(D) by striking ``subsections (a) and (b)'' and
inserting ``subsection (a)'';
(E) by striking ``equal to--'' and inserting ``up to
10 percent of the amount determined under section 1933
for the State for the applicable fiscal year.''; and
(F) by adding at the end the following:
``(2) Limitation.--
``(A) In general.--A State shall not have funds
withheld pursuant to paragraph (1) if such State for
which the Secretary has made a determination of
noncompliance under such paragraph--
``(i) <<NOTE: Certification. Deadline.>>
certifies to the Secretary by May 1 of the fiscal
year for which the funds are appropriated,
consistent with subparagraph (B), that the State
will commit additional State funds, in accordance
with paragraph (1), to ensure that retailers do
not sell tobacco products to individuals under 21
years of age;
``(ii) agrees to comply with a negotiated
agreement for a corrective action plan that is
approved by the Secretary and carried out in
accordance with guidelines issued by the
Secretary; or
``(iii) is a territory that receives less than
$1,000,000 for a fiscal year under section 1921.
``(B) Certification.--
``(i) In general.--The amount of funds to be
committed by a State pursuant to subparagraph
(A)(i) shall be equal to 1 percent of such State's
substance abuse allocation determined under
section 1933 for each percentage point by which
the State misses the retailer compliance rate goal
established by the Secretary.
``(ii) State expenditures.--For a fiscal year
in which a State commits funds as described in
clause (i), such State shall maintain State
expenditures for tobacco prevention programs and
for compliance activities at a level that is not
less than the level of such expenditures
maintained by the State for the preceding fiscal
year, plus the additional funds for tobacco
compliance activities required under clause
(i). <<NOTE: Reports.>> The State shall submit a
report to the Secretary on all State obligations
of funds for such fiscal year and all State
expenditures for the preceding fiscal year for
tobacco prevention and compliance activities by
program activity by July 31 of such fiscal year.
``(iii) Discretion.--The Secretary shall
exercise discretion in enforcing the timing of the
State obligation of the additional funds required
by the certification described in subparagraph
(A)(i) as late as July 31 of such fiscal year.
``(C) Failure to certify.--If a State described in
subparagraph (A) fails to certify to the Secretary
pursuant
[[Page 133 STAT. 3126]]
to subparagraph (A)(i) or enter into, or comply with, a
negotiated agreement under subparagraph (A)(ii), the
Secretary may take action pursuant to paragraph (1).'';
and
(6) by adding at the end the following:
``(c) Implementation of Reporting Requirements.--
``(1) Transition period.--The Secretary shall--
``(A) not withhold amounts under subsection (b) for
the 3-year period immediately following the date of
enactment of division N of the Further Consolidated
Appropriations Act, 2020; and
``(B) use discretion in exercising its authority
under subsection (b) during the 2-year period
immediately following the 3-year period described in
subparagraph (A), to allow for a transition period for
implementation of the reporting requirements under
subsection (a)(2).
``(2) <<NOTE: Deadline.>> Regulations or guidance.--Not
later than 180 days after the date of enactment of division N of
the Further Consolidated Appropriations Act, 2020, the Secretary
shall update regulations under part 96 of title 45, Code of
Federal Regulations or guidance on the retailer compliance rate
goal under subsection (b), the use of funds provided under
section 1921 for purposes of meeting the requirements of this
section, and reporting requirements under subsection (a)(2).
``(3) Coordination.--The Secretary shall ensure the
Assistant Secretary for Mental Health and Substance Use
coordinates, as appropriate, with the Commissioner of Food and
Drugs to ensure that the technical assistance provided to States
under subsection (e) is consistent with applicable regulations
for retailers issued under part 1140 of title 21, Code of
Federal Regulations.
``(d) Transitional Grants.--
``(1) In general.--The Secretary shall award grants under
this subsection to each State that receives funding under
section 1921 to ensure compliance of each such State with this
section.
``(2) Use of funds.--A State receiving a grant under this
subsection--
``(A) shall use amounts received under such grant
for activities to plan for or ensure compliance in the
State with subsection (a); and
``(B) in the case of a State for which the Secretary
has made a determination under subsection (b) that the
State is prepared to meet, or has met, the requirements
of subsection (a), may use such funds for tobacco
cessation activities, strategies to prevent the use of
tobacco products by individuals under the age of 21, or
allowable uses under section 1921.
``(3) Supplement not supplant.--Grants under this subsection
shall be used to supplement and not supplant other Federal,
State, and local public funds provided for activities under
paragraph (2).
``(4) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated $18,580,790
for each of fiscal years 2020 through 2024.
``(5) Sunset.--This subsection shall have no force or effect
after September 30, 2024.
[[Page 133 STAT. 3127]]
``(e) Technical Assistance.--The Secretary shall provide technical
assistance to States related to the activities required under this
section.''.
(b) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on the
status of implementing the requirements of section 1926 of the Public
Health Service Act (42 U.S.C. 300x-26), as amended by subsection (a),
and a description of any technical assistance provided under subsection
(e) of such section, including the number of meetings requested and held
related to technical assistance.
(c) Conforming Amendment.--Section 212 of division D of the
Consolidated Appropriations Act, 2010 <<NOTE: Repeal. 42 USC 300x-
26a.>> (Public Law 111-117) is repealed.
SEC. 605. BIOLOGICAL PRODUCT DEFINITION.
Section 351(i)(1) of the Public Health Service Act (42 U.S.C.
262(i)(1)) is amended by striking ``(except any chemically synthesized
polypeptide)''.
SEC. 606. PROTECTING ACCESS TO BIOLOGICAL PRODUCTS.
Section 351(k)(7) of the Public Health Service Act (42 U.S.C.
262(k)(7)) is amended by adding at the end the following:
``(D) Deemed licenses.--
``(i) No additional exclusivity through
deeming.--An approved application that is deemed
to be a license for a biological product under
this section pursuant to section 7002(e)(4) of the
Biologics Price Competition and Innovation Act of
2009 shall not be treated as having been first
licensed under subsection (a) for purposes of
subparagraphs (A) and (B).
``(ii) Application of limitations on
exclusivity.--Subparagraph (C) shall apply with
respect to a reference product referred to in such
subparagraph that was the subject of an approved
application that was deemed to be a license
pursuant to section 7002(e)(4) of the Biologics
Price Competition and Innovation Act of 2009.
``(iii) Applicability.--The exclusivity
periods described in section 527, section
505A(b)(1)(A)(ii), and section 505A(c)(1)(A)(ii)
of the Federal Food, Drug, and Cosmetic Act shall
continue to apply to a biological product after an
approved application for the biological product is
deemed to be a license for the biological product
under subsection (a) pursuant to section
7002(e)(4) of the Biologics Price Competition and
Innovation Act of 2009.''.
SEC. 607. STREAMLINING THE TRANSITION OF BIOLOGICAL PRODUCTS.
Section 7002(e)(4) of the Biologics Price Competition and Innovation
Act of 2009 (Public Law 111-148) <<NOTE: 42 USC 262 note.>> is
amended--
(1) by striking ``An approved application'' and inserting
the following:
``(A) In general.--An approved application''; and
(2) by adding at the end the following:
[[Page 133 STAT. 3128]]
``(B) Treatment of certain applications.--
``(i) <<NOTE: Deadlines. Review.>> In
general.--With respect to an application for a
biological product submitted under subsection (b)
or (j) of section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355) that is filed not
later than March 23, 2019, and is not approved as
of March 23, 2020, the Secretary shall continue to
review such application under such section 505
after March 23, 2020.
``(ii) Effect on listed drugs.--Only for
purposes of carrying out clause (i), with respect
to any applicable listed drug with respect to such
application, the following shall apply:
``(I) <<NOTE: Termination date.>>
Any drug that is a biological product
that has been deemed licensed under
section 351 of the Public Health Service
Act (42 U.S.C. 262) pursuant to
subparagraph (A) and that is referenced
in an application described in clause
(i), shall continue to be identified as
a listed drug on the list published
pursuant to section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act,
and the information for such drug on
such list shall not be revised after
March 20, 2020, until--
``(aa) such drug is removed
from such list in accordance
with subclause (III) or
subparagraph (C) of such section
505(j)(7); or
``(bb) this subparagraph no
longer has force or effect.
``(II) Any drug that is a biological
product that has been deemed licensed
under section 351 of the Public Health
Service Act (42 U.S.C. 262) pursuant to
subparagraph (A) and that is referenced
in an application described in clause
(i) shall be subject only to
requirements applicable to biological
products licensed under such section.
``(III) Upon approval under
subsection (c) or (j) of section 505 of
the Federal Food, Drug, and Cosmetic Act
of an application described in clause
(i), the Secretary shall remove from the
list published pursuant to section
505(j)(7) of the Federal Food, Drug, and
Cosmetic Act any listed drug that is a
biological product that has been deemed
licensed under section 351 of the Public
Health Service Act pursuant to
subparagraph (A) and that is referenced
in such approved application, unless
such listed drug is referenced in one or
more additional applications described
in clause (i).
``(iii) Deemed licensure.--Upon approval of an
application described in clause (i), such approved
application shall be deemed to be a license for
the biological product under section 351 of the
Public Health Service Act.
``(iv) Rule of construction.--
``(I) Application of certain
provisions.--
``(aa) Patent certification
or statement.--An application
described in clause (i)
[[Page 133 STAT. 3129]]
shall contain a patent
certification or statement
described in, as applicable,
section 505(b)(2) of the Federal
Food, Drug, and Cosmetic Act or
clauses (vii) and (viii) of
section 505(j)(2)(A) of such Act
and, with respect to any listed
drug referenced in such
application, comply with related
requirements concerning any
timely filed patent information
listed pursuant to section
505(j)(7) of such Act.
``(bb) Date of approval.--
The earliest possible date on
which any pending application
described in clause (i) may be
approved shall be determined
based on--
``(AA) the last
expiration date of any
applicable period of
exclusivity that would
prevent such approval and
that is described in section
505(c)(3)(E),
505(j)(5)(B)(iv),
505(j)(5)(F), 505A, 505E, or
527 of the Federal Food,
Drug, and Cosmetic Act; and
``(BB) if the
application was submitted
pursuant to section
505(b)(2) of the Federal
Food, Drug, and Cosmetic Act
and references any listed
drug, the last applicable
date determined under
subparagraph (A), (B), or
(C) of section 505(c)(3) of
such Act, or, if the
application was submitted
under section 505(j) of such
Act, the last applicable
date determined under clause
(i), (ii), or (iii) of
section 505(j)(5)(B) of such
Act.
``(II) Exclusivity.--Nothing in this
subparagraph shall be construed to
affect section 351(k)(7)(D) of the
Public Health Service Act.
``(v) Listing.--The Secretary may continue to
review an application after March 23, 2020,
pursuant to clause (i), and continue to identify
any applicable listed drug pursuant to clause (ii)
on the list published pursuant to section
505(j)(7) of the Federal Food, Drug, and Cosmetic
Act, even if such review or listing may reveal the
existence of such application and the identity of
any listed drug for which the investigations
described in section 505(b)(1)(A) of the Federal
Food, Drug, and Cosmetic Act are relied upon by
the applicant for approval of the pending
application. Nothing in this subparagraph shall be
construed as authorizing the Secretary to disclose
any other information that is a trade secret or
confidential information described in section
552(b)(4) of title 5, United States Code.
``(vi) Sunset.--Beginning on October 1, 2022,
this subparagraph shall have no force or effect
and any applications described in clause (i) that
have not been approved shall be deemed
withdrawn.''.
[[Page 133 STAT. 3130]]
SEC. 608. REENROLLMENT OF CERTAIN INDIVIDUALS IN QUALIFIED HEALTH
PLANS IN CERTAIN EXCHANGES.
Section 1311(c) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(c)) is amended by adding the end the following new
paragraph:
``(7) Reenrollment of certain individuals in qualified
health plans in certain exchanges.--
``(A) In general.--In the case of an Exchange that
the Secretary operates pursuant to section 1321(c)(1),
the Secretary shall establish a process under which an
individual described in subparagraph (B) is reenrolled
for plan year 2021 in a qualified health plan offered
through such Exchange. Such qualified health plan under
which such individual is so reenrolled shall be--
``(i) if available for plan year 2021, the
qualified health plan under which such individual
is enrolled during the annual open enrollment
period for such plan year; and
``(ii) if such qualified health plan is not
available for plan year 2021, a qualified health
plan offered through such Exchange determined
appropriate by the Secretary.
``(B) Individual described.--An individual described
in this subsection is an individual who, with respect to
plan year 2020--
``(i) resides in a State with an Exchange
described in subparagraph (A);
``(ii) is enrolled in a qualified health plan
during such plan year and does not enroll in a
qualified health plan for plan year 2021 during
the annual open enrollment period for such plan
year 2021; and
``(iii) does not elect to disenroll under a
qualified health plan for plan year 2021 during
such annual open enrollment period.''.
SEC. 609. PROTECTION OF SILVER LOADING PRACTICE.
With respect to plan year 2021, the Secretary of Health and Human
Services may not take any action to prohibit or otherwise restrict the
practice commonly known as ``silver loading'' (as described in the rule
entitled ``Patient Protection and Affordable Care Act; HHS Notice of
Benefit and Payment Parameters for 2020'' published on April 25, 2019
(84 Fed. Reg. 17533)).
SEC. 610. <<NOTE: 21 USC 355-2.>> ACTIONS FOR DELAYS OF GENERIC
DRUGS AND BIOSIMILAR BIOLOGICAL PRODUCTS.
(a) Definitions.--In this section--
(1) the term ``commercially reasonable, market-based terms''
means--
(A) a nondiscriminatory price for the sale of the
covered product at or below, but not greater than, the
most recent wholesale acquisition cost for the drug, as
defined in section 1847A(c)(6)(B) of the Social Security
Act (42 U.S.C. 1395w-3a(c)(6)(B));
(B) a schedule for delivery that results in the
transfer of the covered product to the eligible product
developer consistent with the timing under subsection
(b)(2)(A)(iv); and
[[Page 133 STAT. 3131]]
(C) no additional conditions are imposed on the sale
of the covered product;
(2) the term ``covered product''--
(A) means--
(i) any drug approved under subsection (c) or
(j) of section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) or biological product
licensed under subsection (a) or (k) of section
351 of the Public Health Service Act (42 U.S.C.
262);
(ii) any combination of a drug or biological
product described in clause (i); or
(iii) when reasonably necessary to support
approval of an application under section 505 of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355), or section 351 of the Public Health
Service Act (42 U.S.C. 262), as applicable, or
otherwise meet the requirements for approval under
either such section, any product, including any
device, that is marketed or intended for use with
such a drug or biological product; and
(B) does not include any drug or biological product
that appears on the drug shortage list in effect under
section 506E of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 356e), unless--
(i) the drug or biological product has been on
the drug shortage list in effect under such
section 506E continuously for more than 6 months;
or
(ii) the Secretary determines that inclusion
of the drug or biological product as a covered
product is likely to contribute to alleviating or
preventing a shortage.
(3) the term ``device'' has the meaning given the term in
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321);
(4) the term ``eligible product developer'' means a person
that seeks to develop a product for approval pursuant to an
application for approval under subsection (b)(2) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or for licensing pursuant to an application under
section 351(k) of the Public Health Service Act (42 U.S.C.
262(k));
(5) the term ``license holder'' means the holder of an
application approved under subsection (c) or (j) of section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or
the holder of a license under subsection (a) or (k) of section
351 of the Public Health Service Act (42 U.S.C. 262) for a
covered product;
(6) the term ``REMS'' means a risk evaluation and mitigation
strategy under section 505-1 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355-1);
(7) the term ``REMS with ETASU'' means a REMS that contains
elements to assure safe use under section 505-1(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1(f));
(8) the term ``Secretary'' means the Secretary of Health and
Human Services;
(9) the term ``single, shared system of elements to assure
safe use'' means a single, shared system of elements to assure
[[Page 133 STAT. 3132]]
safe use under section 505-1(f) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355-1(f)); and
(10) the term ``sufficient quantities'' means an amount of a
covered product that the eligible product developer determines
allows it to--
(A) conduct testing to support an application
under--
(i) subsection (b)(2) or (j) of section 505 of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355); or
(ii) section 351(k) of the Public Health
Service Act (42 U.S.C. 262(k)); and
(B) fulfill any regulatory requirements relating to
approval of such an application.
(b) Civil Action for Failure To Provide Sufficient Quantities of a
Covered Product.--
(1) In general.--An eligible product developer may bring a
civil action against the license holder for a covered product
seeking relief under this subsection in an appropriate district
court of the United States alleging that the license holder has
declined to provide sufficient quantities of the covered product
to the eligible product developer on commercially reasonable,
market-based terms.
(2) Elements.--
(A) In general.--To prevail in a civil action
brought under paragraph (1), an eligible product
developer shall prove, by a preponderance of the
evidence--
(i) that--
(I) the covered product is not
subject to a REMS with ETASU; or
(II) if the covered product is
subject to a REMS with ETASU--
(aa) the eligible product
developer has obtained a covered
product authorization from the
Secretary in accordance with
subparagraph (B); and
(bb) the eligible product
developer has provided a copy of
the covered product
authorization to the license
holder;
(ii) that, as of the date on which the civil
action is filed, the eligible product developer
has not obtained sufficient quantities of the
covered product on commercially reasonable,
market-based terms;
(iii) that the eligible product developer has
submitted a written request to purchase sufficient
quantities of the covered product to the license
holder, and such request--
(I) was sent to a named corporate
officer of the license holder;
(II) was made by certified or
registered mail with return receipt
requested;
(III) specified an individual as the
point of contact for the license holder
to direct communications related to the
sale of the covered product to the
eligible product developer and a means
for electronic and written
communications with that individual; and
[[Page 133 STAT. 3133]]
(IV) specified an address to which
the covered product was to be shipped
upon reaching an agreement to transfer
the covered product; and
(iv) <<NOTE: Deadlines.>> that the license
holder has not delivered to the eligible product
developer sufficient quantities of the covered
product on commercially reasonable, market-based
terms--
(I) for a covered product that is
not subject to a REMS with ETASU, by the
date that is 31 days after the date on
which the license holder received the
request for the covered product; and
(II) for a covered product that is
subject to a REMS with ETASU, by 31 days
after the later of--
(aa) the date on which the
license holder received the
request for the covered product;
or
(bb) the date on which the
license holder received a copy
of the covered product
authorization issued by the
Secretary in accordance with
subparagraph (B).
(B) Authorization for covered product subject to a
rems with etasu.--
(i) Request.--An eligible product developer
may submit to the Secretary a written request for
the eligible product developer to be authorized to
obtain sufficient quantities of an individual
covered product subject to a REMS with ETASU.
(ii) <<NOTE: Deadline. Notice.>>
Authorization.--Not later than 120 days after the
date on which a request under clause (i) is
received, the Secretary shall, by written notice,
authorize the eligible product developer to obtain
sufficient quantities of an individual covered
product subject to a REMS with ETASU for purposes
of--
(I) <<NOTE: Determination.>>
development and testing that does not
involve human clinical trials, if the
eligible product developer has agreed to
comply with any conditions the Secretary
determines necessary; or
(II) development and testing that
involves human clinical trials, if the
eligible product developer has--
(aa)(AA) submitted
protocols, informed consent
documents, and informational
materials for testing that
include protections that provide
safety protections comparable to
those provided by the REMS for
the covered product; or
(BB) otherwise satisfied the
Secretary that such protections
will be provided; and
(bb) met any other
requirements the Secretary may
establish.
(iii) Notice.--A covered product authorization
issued under this subparagraph shall state that
the provision of the covered product by the
license holder under the terms of the
authorization will not be a violation of the REMS
for the covered product.
[[Page 133 STAT. 3134]]
(3) Affirmative defense.--In a civil action brought under
paragraph (1), it shall be an affirmative defense, on which the
defendant has the burden of persuasion by a preponderance of the
evidence--
(A) that, on the date on which the eligible product
developer requested to purchase sufficient quantities of
the covered product from the license holder--
(i) neither the license holder nor any of its
agents, wholesalers, or distributors was engaged
in the manufacturing or commercial marketing of
the covered product; and
(ii) neither the license holder nor any of its
agents, wholesalers, or distributors otherwise had
access to inventory of the covered product to
supply to the eligible product developer on
commercially reasonable, market-based terms;
(B) that--
(i) the license holder sells the covered
product through agents, distributors, or
wholesalers;
(ii) the license holder has placed no
restrictions, explicit or implicit, on its agents,
distributors, or wholesalers to sell covered
products to eligible product developers; and
(iii) the covered product can be purchased by
the eligible product developer in sufficient
quantities on commercially reasonable, market-
based terms from the agents, distributors, or
wholesalers of the license holder; or
(C) <<NOTE: Deadlines.>> that the license holder
made an offer to the individual specified pursuant to
paragraph (2)(A)(iii)(III), by a means of communication
(electronic, written, or both) specified pursuant to
such paragraph, to sell sufficient quantities of the
covered product to the eligible product developer at
commercially reasonable market-based terms--
(i) for a covered product that is not subject
to a REMS with ETASU, by the date that is 14 days
after the date on which the license holder
received the request for the covered product, and
the eligible product developer did not accept such
offer by the date that is 7 days after the date on
which the eligible product developer received such
offer from the license holder; or
(ii) for a covered product that is subject to
a REMS with ETASU, by the date that is 20 days
after the date on which the license holder
received the request for the covered product, and
the eligible product developer did not accept such
offer by the date that is 10 days after the date
on which the eligible product developer received
such offer from the license holder.
(4) Remedies.--
(A) <<NOTE: Courts.>> In general.--If an eligible
product developer prevails in a civil action brought
under paragraph (1), the court shall--
(i) order the license holder to provide to the
eligible product developer without delay
sufficient quantities
[[Page 133 STAT. 3135]]
of the covered product on commercially reasonable,
market-based terms;
(ii) award to the eligible product developer
reasonable attorney's fees and costs of the civil
action; and
(iii) award to the eligible product developer
a monetary amount sufficient to deter the license
holder from failing to provide eligible product
developers with sufficient quantities of a covered
product on commercially reasonable, market-based
terms, if the court finds, by a preponderance of
the evidence--
(I) that the license holder delayed
providing sufficient quantities of the
covered product to the eligible product
developer without a legitimate business
justification; or
(II) that the license holder failed
to comply with an order issued under
clause (i).
(B) Maximum monetary amount.--A monetary amount
awarded under subparagraph (A)(iii) shall not be greater
than the revenue that the license holder earned on the
covered product during the period--
(i) <<NOTE: Effective dates. Time periods.>>
beginning on--
(I) for a covered product that is
not subject to a REMS with ETASU, the
date that is 31 days after the date on
which the license holder received the
request; or
(II) for a covered product that is
subject to a REMS with ETASU, the date
that is 31 days after the later of--
(aa) the date on which the
license holder received the
request; or
(bb) the date on which the
license holder received a copy
of the covered product
authorization issued by the
Secretary in accordance with
paragraph (2)(B); and
(ii) <<NOTE: Termination date.>> ending on
the date on which the eligible product developer
received sufficient quantities of the covered
product.
(C) Avoidance of delay.--The court may issue an
order under subparagraph (A)(i) before conducting
further proceedings that may be necessary to determine
whether the eligible product developer is entitled to an
award under clause (ii) or (iii) of subparagraph (A), or
the amount of any such award.
(c) Limitation of Liability.--A license holder for a covered product
shall not be liable for any claim under Federal, State, or local law
arising out of the failure of an eligible product developer to follow
adequate safeguards to assure safe use of the covered product during
development or testing activities described in this section, including
transportation, handling, use, or disposal of the covered product by the
eligible product developer.
(d) No Violation of REMS.--Section 505-1 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355-1) is amended by adding at the end the
following new subsection:
``(l) Provision of Samples Not a Violation of Strategy.--The
provision of samples of a covered product to an eligible product
developer (as those terms are defined in section 610(a) of division N of
the Further Consolidated Appropriations Act, 2020) shall not
[[Page 133 STAT. 3136]]
be considered a violation of the requirements of any risk evaluation and
mitigation strategy that may be in place under this section for such
drug.''.
(e) Rule of Construction.--
(1) Definition.--In this subsection, the term ``antitrust
laws''--
(A) has the meaning given the term in subsection (a)
of the first section of the Clayton Act (15 U.S.C. 12);
and
(B) includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent that such
section applies to unfair methods of competition.
(2) Antitrust laws.--Nothing in this section shall be
construed to limit the operation of any provision of the
antitrust laws.
(f) REMS Approval Process for Subsequent Filers.--Section 505-1 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1), as amended
by subsection (d), is further amended--
(1) in subsection (g)(4)(B)--
(A) in clause (i) by striking ``or'' after the
semicolon;
(B) in clause (ii) by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(iii) accommodate different, comparable
aspects of the elements to assure safe use for a
drug that is the subject of an application under
section 505(j), and the applicable listed drug.'';
(2) in subsection (i)(1), by striking subparagraph (C) and
inserting the following:
``(C)(i) Elements to assure safe use, if required
under subsection (f) for the listed drug, which, subject
to clause (ii), for a drug that is the subject of an
application under section 505(j) may use--
``(I) a single, shared system with the listed
drug under subsection (f); or
``(II) a different, comparable aspect of the
elements to assure safe use under subsection (f).
``(ii) <<NOTE: Determination.>> The Secretary may
require a drug that is the subject of an application
under section 505(j) and the listed drug to use a
single, shared system under subsection (f), if the
Secretary determines that no different, comparable
aspect of the elements to assure safe use could satisfy
the requirements of subsection (f).'';
(3) in subsection (i), by adding at the end the following:
``(3) Shared rems.--If the Secretary approves, in accordance
with paragraph (1)(C)(i)(II), a different, comparable aspect of
the elements to assure safe use under subsection (f) for a drug
that is the subject of an abbreviated new drug application under
section 505(j), the Secretary may require that such different
comparable aspect of the elements to assure safe use can be used
with respect to any other drug that is the subject of an
application under section 505(j) or 505(b) that references the
same listed drug.''; and
(4) by adding at the end the following:
``(m) <<NOTE: Definition.>> Separate REMS.--When used in this
section, the term `different, comparable aspect of the elements to
assure safe use' means a risk evaluation and mitigation strategy for a
drug that
[[Page 133 STAT. 3137]]
is the subject of an application under section 505(j) that uses
different methods or operational means than the strategy required under
subsection (a) for the applicable listed drug, or other application
under section 505(j) with the same such listed drug, but achieves the
same level of safety as such strategy.''.
(g) Rule of Construction.--Nothing in this section, the amendments
made by this section, or in section 505-1 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355-1), shall be construed as--
(1) prohibiting a license holder from providing an eligible
product developer access to a covered product in the absence of
an authorization under this section; or
(2) in any way negating the applicability of a REMS with
ETASU, as otherwise required under such section 505-1, with
respect to such covered product.
DIVISION O-- <<NOTE: Setting Every Community Up for Retirement
Enhancement Act of 2019.>> SETTING EVERY COMMUNITY UP FOR RETIREMENT
ENHANCEMENT
SEC. 1. SHORT TITLE, ETC.
(a) <<NOTE: 26 USC 1 note.>> Short Title.--This Act may be cited as
the ``Setting Every Community Up for Retirement Enhancement Act of
2019''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title, etc.
TITLE I--EXPANDING AND PRESERVING RETIREMENT SAVINGS
Sec. 101. Multiple employer plans; pooled employer plans.
Sec. 102. Increase in 10 percent cap for automatic enrollment safe
harbor after 1st plan year.
Sec. 103. Rules relating to election of safe harbor 401(k) status.
Sec. 104. Increase in credit limitation for small employer pension plan
startup costs.
Sec. 105. Small employer automatic enrollment credit.
Sec. 106. Certain taxable non-tuition fellowship and stipend payments
treated as compensation for IRA purposes.
Sec. 107. Repeal of maximum age for traditional IRA contributions.
Sec. 108. Qualified employer plans prohibited from making loans through
credit cards and other similar arrangements.
Sec. 109. Portability of lifetime income options.
Sec. 110. Treatment of custodial accounts on termination of section
403(b) plans.
Sec. 111. Clarification of retirement income account rules relating to
church-controlled organizations.
Sec. 112. Qualified cash or deferred arrangements must allow long-term
employees working more than 500 but less than 1,000 hours per
year to participate.
Sec. 113. Penalty-free withdrawals from retirement plans for individuals
in case of birth of child or adoption.
Sec. 114. Increase in age for required beginning date for mandatory
distributions.
Sec. 115. Special rules for minimum funding standards for community
newspaper plans.
Sec. 116. Treating excluded difficulty of care payments as compensation
for determining retirement contribution limitations.
TITLE II--ADMINISTRATIVE IMPROVEMENTS
Sec. 201. Plan adopted by filing due date for year may be treated as in
effect as of close of year.
Sec. 202. Combined annual report for group of plans.
Sec. 203. Disclosure regarding lifetime income.
[[Page 133 STAT. 3138]]
Sec. 204. Fiduciary safe harbor for selection of lifetime income
provider.
Sec. 205. Modification of nondiscrimination rules to protect older,
longer service participants.
Sec. 206. Modification of PBGC premiums for CSEC plans.
TITLE III--OTHER BENEFITS
Sec. 301. Benefits provided to volunteer firefighters and emergency
medical responders.
Sec. 302. Expansion of section 529 plans.
TITLE IV--REVENUE PROVISIONS
Sec. 401. Modification of required distribution rules for designated
beneficiaries.
Sec. 402. Increase in penalty for failure to file.
Sec. 403. Increased penalties for failure to file retirement plan
returns.
Sec. 404. Increase information sharing to administer excise taxes.
TITLE V--TAX RELIEF FOR CERTAIN CHILDREN
Sec. 501. Modification of rules relating to the taxation of unearned
income of certain children.
TITLE VI--ADMINISTRATIVE PROVISIONS
Sec. 601. Provisions relating to plan amendments.
TITLE I--EXPANDING AND PRESERVING RETIREMENT SAVINGS
SEC. 101. MULTIPLE EMPLOYER PLANS; POOLED EMPLOYER PLANS.
(a) Qualification Requirements.--
(1) In general.--Section 413 of the Internal Revenue Code of
1986 <<NOTE: 26 USC 413.>> is amended by adding at the end the
following new subsection:
``(e) Application of Qualification Requirements for Certain Multiple
Employer Plans With Pooled Plan Providers.--
``(1) In general.--Except as provided in paragraph (2), if a
defined contribution plan to which subsection (c) applies--
``(A) is maintained by employers which have a common
interest other than having adopted the plan, or
``(B) in the case of a plan not described in
subparagraph (A), has a pooled plan provider,
then the plan shall not be treated as failing to meet the
requirements under this title applicable to a plan described in
section 401(a) or to a plan that consists of individual
retirement accounts described in section 408 (including by
reason of subsection (c) thereof), whichever is applicable,
merely because one or more employers of employees covered by the
plan fail to take such actions as are required of such employers
for the plan to meet such requirements.
``(2) Limitations.--
``(A) In general.--Paragraph (1) shall not apply to
any plan unless the terms of the plan provide that in
the case of any employer in the plan failing to take the
actions described in paragraph (1)--
``(i) <<NOTE: Determination.>> the assets of
the plan attributable to employees of such
employer (or beneficiaries of such employees) will
be transferred to a plan maintained only by such
employer (or its successor), to an eligible
retirement plan as defined in section 402(c)(8)(B)
for each individual whose account is transferred,
or to any other arrangement that the Secretary
determines is appropriate, unless the Secretary
determines it is in the
[[Page 133 STAT. 3139]]
best interests of the employees of such employer
(and the beneficiaries of such employees) to
retain the assets in the plan, and
``(ii) such employer (and not the plan with
respect to which the failure occurred or any other
employer in such plan) shall, except to the extent
provided by the Secretary, be liable for any
liabilities with respect to such plan attributable
to employees of such employer (or beneficiaries of
such employees).
``(B) Failures by pooled plan providers.--If the
pooled plan provider of a plan described in paragraph
(1)(B) does not perform substantially all of the
administrative duties which are required of the provider
under paragraph (3)(A)(i) for any plan year, the
Secretary may provide that the determination as to
whether the plan meets the requirements under this title
applicable to a plan described in section 401(a) or to a
plan that consists of individual retirement accounts
described in section 408 (including by reason of
subsection (c) thereof), whichever is applicable, shall
be made in the same manner as would be made without
regard to paragraph (1).
``(3) Pooled plan provider.--
``(A) <<NOTE: Definition.>> In general.--For
purposes of this subsection, the term `pooled plan
provider' means, with respect to any plan, a person
who--
``(i) is designated by the terms of the plan
as a named fiduciary (within the meaning of
section 402(a)(2) of the Employee Retirement
Income Security Act of 1974), as the plan
administrator, and as the person responsible to
perform all administrative duties (including
conducting proper testing with respect to the plan
and the employees of each employer in the plan)
which are reasonably necessary to ensure that--
``(I) the plan meets any requirement
applicable under the Employee Retirement
Income Security Act of 1974 or this
title to a plan described in section
401(a) or to a plan that consists of
individual retirement accounts described
in section 408 (including by reason of
subsection (c) thereof), whichever is
applicable, and
``(II) each employer in the plan
takes such actions as the Secretary or
such person determines are necessary for
the plan to meet the requirements
described in subclause (I), including
providing to such person any disclosures
or other information which the Secretary
may require or which such person
otherwise determines are necessary to
administer the plan or to allow the plan
to meet such requirements,
``(ii) registers as a pooled plan provider
with the Secretary, and provides such other
information to the Secretary as the Secretary may
require, before beginning operations as a pooled
plan provider,
``(iii) acknowledges in writing that such
person is a named fiduciary (within the meaning of
section 402(a)(2) of the Employee Retirement
Income Security
[[Page 133 STAT. 3140]]
Act of 1974), and the plan administrator, with
respect to the plan, and
``(iv) is responsible for ensuring that all
persons who handle assets of, or who are
fiduciaries of, the plan are bonded in accordance
with section 412 of the Employee Retirement Income
Security Act of 1974.
``(B) Audits, examinations and investigations.--The
Secretary may perform audits, examinations, and
investigations of pooled plan providers as may be
necessary to enforce and carry out the purposes of this
subsection.
``(C) <<NOTE: Determination.>> Aggregation rules.--
For purposes of this paragraph, in determining whether a
person meets the requirements of this paragraph to be a
pooled plan provider with respect to any plan, all
persons who perform services for the plan and who are
treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 shall be treated as one
person.
``(D) Treatment of employers as plan sponsors.--
Except with respect to the administrative duties of the
pooled plan provider described in subparagraph (A)(i),
each employer in a plan which has a pooled plan provider
shall be treated as the plan sponsor with respect to the
portion of the plan attributable to employees of such
employer (or beneficiaries of such employees).
``(4) Guidance.--
``(A) In general.--The Secretary shall issue such
guidance as the Secretary determines appropriate to
carry out this subsection, including guidance--
``(i) to identify the administrative duties
and other actions required to be performed by a
pooled plan provider under this subsection,
``(ii) which describes the procedures to be
taken to terminate a plan which fails to meet the
requirements to be a plan described in paragraph
(1), including the proper treatment of, and
actions needed to be taken by, any employer in the
plan and the assets and liabilities of the plan
attributable to employees of such employer (or
beneficiaries of such employees), and
``(iii) identifying appropriate cases to which
the rules of paragraph (2)(A) will apply to
employers in the plan failing to take the actions
described in paragraph (1).
The Secretary shall take into account under clause (iii)
whether the failure of an employer or pooled plan
provider to provide any disclosures or other
information, or to take any other action, necessary to
administer a plan or to allow a plan to meet
requirements applicable to the plan under section 401(a)
or 408, whichever is applicable, has continued over a
period of time that demonstrates a lack of commitment to
compliance.
``(B) Good faith compliance with law before
guidance.--An employer or pooled plan provider shall not
be treated as failing to meet a requirement of guidance
issued by the Secretary under this paragraph if, before
the issuance of such guidance, the employer or pooled
plan provider complies in good faith with a reasonable
[[Page 133 STAT. 3141]]
interpretation of the provisions of this subsection to
which such guidance relates.
``(5) <<NOTE: Publication.>> Model plan.--The Secretary
shall publish model plan language which meets the requirements
of this subsection and of paragraphs (43) and (44) of section 3
of the Employee Retirement Income Security Act of 1974 and which
may be adopted in order for a plan to be treated as a plan
described in paragraph (1)(B).''.
(2) Conforming amendment.--Section 413(c)(2) of such
Code <<NOTE: 26 USC 413.>> is amended by striking ``section
401(a)'' and inserting ``sections 401(a) and 408(c)''.
(3) Technical amendment.--Section 408(c) of such Code is
amended by inserting after paragraph (2) the following new
paragraph:
``(3) There is a separate accounting for any interest of an
employee or member (or spouse of an employee or member) in a
Roth IRA.''.
(b) No Common Interest Required for Pooled Employer Plans.--Section
3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(2)) is amended by adding at the end the following:
``(C) A pooled employer plan shall be treated as--
``(i) a single employee pension benefit plan
or single pension plan; and
``(ii) a plan to which section 210(a)
applies.''.
(c) Pooled Employer Plan and Provider Defined.--
(1) In general.--Section 3 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002) is amended by adding at
the end the following:
``(43) Pooled employer plan.--
``(A) In general.--The term `pooled employer plan'
means a plan--
``(i) which is an individual account plan
established or maintained for the purpose of
providing benefits to the employees of 2 or more
employers;
``(ii) which is a plan described in section
401(a) of the Internal Revenue Code of 1986 which
includes a trust exempt from tax under section
501(a) of such Code or a plan that consists of
individual retirement accounts described in
section 408 of such Code (including by reason of
subsection (c) thereof); and
``(iii) the terms of which meet the
requirements of subparagraph (B).
Such term shall not include a plan maintained by
employers which have a common interest other than having
adopted the plan.
``(B) Requirements for plan terms.--The requirements
of this subparagraph are met with respect to any plan if
the terms of the plan--
``(i) designate a pooled plan provider and
provide that the pooled plan provider is a named
fiduciary of the plan;
``(ii) designate one or more trustees meeting
the requirements of section 408(a)(2) of the
Internal Revenue Code of 1986 (other than an
employer in the plan) to be responsible for
collecting contributions to, and holding the
assets of, the plan and require such
[[Page 133 STAT. 3142]]
trustees to implement written contribution
collection procedures that are reasonable,
diligent, and systematic;
``(iii) provide that each employer in the plan
retains fiduciary responsibility for--
``(I) the selection and monitoring
in accordance with section 404(a) of the
person designated as the pooled plan
provider and any other person who, in
addition to the pooled plan provider, is
designated as a named fiduciary of the
plan; and
``(II) to the extent not otherwise
delegated to another fiduciary by the
pooled plan provider and subject to the
provisions of section 404(c), the
investment and management of the portion
of the plan's assets attributable to the
employees of the employer (or
beneficiaries of such employees);
``(iv) provide that employers in the plan, and
participants and beneficiaries, are not subject to
unreasonable restrictions, fees, or penalties with
regard to ceasing participation, receipt of
distributions, or otherwise transferring assets of
the plan in accordance with section 208 or
paragraph (44)(C)(i)(II);
``(v) require--
``(I) the pooled plan provider to
provide to employers in the plan any
disclosures or other information which
the Secretary may require, including any
disclosures or other information to
facilitate the selection or any
monitoring of the pooled plan provider
by employers in the plan; and
``(II) <<NOTE: Determinations.>>
each employer in the plan to take such
actions as the Secretary or the pooled
plan provider determines are necessary
to administer the plan or for the plan
to meet any requirement applicable under
this Act or the Internal Revenue Code of
1986 to a plan described in section
401(a) of such Code or to a plan that
consists of individual retirement
accounts described in section 408 of
such Code (including by reason of
subsection (c) thereof), whichever is
applicable, including providing any
disclosures or other information which
the Secretary may require or which the
pooled plan provider otherwise
determines are necessary to administer
the plan or to allow the plan to meet
such requirements; and
``(vi) provide that any disclosure or other
information required to be provided under clause
(v) may be provided in electronic form and will be
designed to ensure only reasonable costs are
imposed on pooled plan providers and employers in
the plan.
``(C) Exceptions.--The term `pooled employer plan'
does not include--
``(i) a multiemployer plan; or
``(ii) a plan established before the date of
the enactment of the Setting Every Community Up
for Retirement Enhancement Act of 2019 unless the
plan administrator elects that the plan will be
treated as
[[Page 133 STAT. 3143]]
a pooled employer plan and the plan meets the
requirements of this title applicable to a pooled
employer plan established on or after such date.
``(D) Treatment of employers as plan sponsors.--
Except with respect to the administrative duties of the
pooled plan provider described in paragraph (44)(A)(i),
each employer in a pooled employer plan shall be treated
as the plan sponsor with respect to the portion of the
plan attributable to employees of such employer (or
beneficiaries of such employees).
``(44) Pooled plan provider.--
``(A) <<NOTE: Definition.>> In general.--The term
`pooled plan provider' means a person who--
``(i) is designated by the terms of a pooled
employer plan as a named fiduciary, as the plan
administrator, and as the person responsible for
the performance of all administrative duties
(including conducting proper testing with respect
to the plan and the employees of each employer in
the plan) which are reasonably necessary to ensure
that--
``(I) the plan meets any requirement
applicable under this Act or the
Internal Revenue Code of 1986 to a plan
described in section 401(a) of such Code
or to a plan that consists of individual
retirement accounts described in section
408 of such Code (including by reason of
subsection (c) thereof), whichever is
applicable; and
``(II) each employer in the plan
takes such actions as the Secretary or
pooled plan provider determines are
necessary for the plan to meet the
requirements described in subclause (I),
including providing the disclosures and
information described in paragraph
(43)(B)(v)(II);
``(ii) registers as a pooled plan provider
with the Secretary, and provides to the Secretary
such other information as the Secretary may
require, before beginning operations as a pooled
plan provider;
``(iii) acknowledges in writing that such
person is a named fiduciary, and the plan
administrator, with respect to the pooled employer
plan; and
``(iv) is responsible for ensuring that all
persons who handle assets of, or who are
fiduciaries of, the pooled employer plan are
bonded in accordance with section 412.
``(B) Audits, examinations and investigations.--The
Secretary may perform audits, examinations, and
investigations of pooled plan providers as may be
necessary to enforce and carry out the purposes of this
paragraph and paragraph (43).
``(C) Guidance.--The Secretary shall issue such
guidance as the Secretary determines appropriate to
carry out this paragraph and paragraph (43), including
guidance--
``(i) to identify the administrative duties
and other actions required to be performed by a
pooled plan provider under either such paragraph;
and
[[Page 133 STAT. 3144]]
``(ii) which requires in appropriate cases
that if an employer in the plan fails to take the
actions required under subparagraph (A)(i)(II)--
``(I) the assets of the plan
attributable to employees of such
employer (or beneficiaries of such
employees) are transferred to a plan
maintained only by such employer (or its
successor), to an eligible retirement
plan as defined in section 402(c)(8)(B)
of the Internal Revenue Code of 1986 for
each individual whose account is
transferred, or to any other arrangement
that the Secretary determines is
appropriate in such guidance; and
``(II) such employer (and not the
plan with respect to which the failure
occurred or any other employer in such
plan) shall, except to the extent
provided in such guidance, be liable for
any liabilities with respect to such
plan attributable to employees of such
employer (or beneficiaries of such
employees).
The Secretary shall take into account under clause
(ii) whether the failure of an employer or pooled
plan provider to provide any disclosures or other
information, or to take any other action,
necessary to administer a plan or to allow a plan
to meet requirements described in subparagraph
(A)(i)(II) has continued over a period of time
that demonstrates a lack of commitment to
compliance. <<NOTE: Waiver
authority. Determination.>> The Secretary may
waive the requirements of subclause (ii)(I) in
appropriate circumstances if the Secretary
determines it is in the best interests of the
employees of the employer referred to in such
clause (and the beneficiaries of such employees)
to retain the assets in the plan with respect to
which the employer's failure occurred.
``(D) Good faith compliance with law before
guidance.--An employer or pooled plan provider shall not
be treated as failing to meet a requirement of guidance
issued by the Secretary under subparagraph (C) if,
before the issuance of such guidance, the employer or
pooled plan provider complies in good faith with a
reasonable interpretation of the provisions of this
paragraph, or paragraph (43), to which such guidance
relates.
``(E) <<NOTE: Determination.>> Aggregation rules.--
For purposes of this paragraph, in determining whether a
person meets the requirements of this paragraph to be a
pooled plan provider with respect to any plan, all
persons who perform services for the plan and who are
treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 of the Internal Revenue Code
of 1986 shall be treated as one person.''.
(2) Bonding requirements for pooled employer plans.--The
last sentence of section 412(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1112(a)) is amended by
inserting ``or in the case of a pooled employer plan (as defined
in section 3(43))'' after ``section 407(d)(1))''.
(3) Conforming and technical amendments.--Section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002)
is amended--
(A) in paragraph (16)(B)--
[[Page 133 STAT. 3145]]
(i) by striking ``or'' at the end of clause
(ii); and
(ii) by striking the period at the end and
inserting ``, or (iv) in the case of a pooled
employer plan, the pooled plan provider.''; and
(B) by striking the second paragraph (41).
(d) Pooled Employer and Multiple Employer Plan Reporting.--
(1) Additional information.--Section 103 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1023) is
amended--
(A) in subsection (a)(1)(B), by striking
``applicable subsections (d), (e), and (f)'' and
inserting ``applicable subsections (d), (e), (f), and
(g)''; and
(B) by amending subsection (g) to read as follows:
``(g) Additional Information With Respect to Pooled Employer and
Multiple Employer Plans.--An annual report under this section for a plan
year shall include--
``(1) <<NOTE: Applicability. List. Estimate.>> with respect
to any plan to which section 210(a) applies (including a pooled
employer plan), a list of employers in the plan and a good faith
estimate of the percentage of total contributions made by such
employers during the plan year and the aggregate account
balances attributable to each employer in the plan (determined
as the sum of the account balances of the employees of such
employer (and the beneficiaries of such employees)); and
``(2) with respect to a pooled employer plan, the
identifying information for the person designated under the
terms of the plan as the pooled plan provider.''.
(2) Simplified annual reports.--Section 104(a) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1024(a)) is amended by striking paragraph (2)(A) and inserting
the following:
``(2)(A) With respect to annual reports required to be filed with
the Secretary under this part, the Secretary may by regulation prescribe
simplified annual reports for any pension plan that--
``(i) covers fewer than 100 participants; or
``(ii) is a plan described in section 210(a) that covers
fewer than 1,000 participants, but only if no single employer in
the plan has 100 or more participants covered by the plan.''.
(e) <<NOTE: 26 USC 408 note.>> Effective Date.--
(1) In general.--The amendments made by this section shall
apply to plan years beginning after December 31, 2020.
(2) Rule of construction.--Nothing in the amendments made by
subsection (a) shall be construed as limiting the authority of
the Secretary of the Treasury or the Secretary's delegate
(determined without regard to such amendment) to provide for the
proper treatment of a failure to meet any requirement applicable
under the Internal Revenue Code of 1986 with respect to one
employer (and its employees) in a multiple employer plan.
SEC. 102. INCREASE IN 10 PERCENT CAP FOR AUTOMATIC ENROLLMENT SAFE
HARBOR AFTER 1ST PLAN YEAR.
(a) In General.--Section 401(k)(13)(C)(iii) of the Internal Revenue
Code of 1986 <<NOTE: 26 USC 401.>> is amended by striking ``does not
exceed 10 percent'' and inserting ``does not exceed 15 percent (10
percent during the period described in subclause (I))''.
[[Page 133 STAT. 3146]]
(b) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made
by this section shall apply to plan years beginning after December 31,
2019.
SEC. 103. RULES RELATING TO ELECTION OF SAFE HARBOR 401(k) STATUS.
(a) Limitation of Annual Safe Harbor Notice to Matching Contribution
Plans.--
(1) In general.--Subparagraph (A) of section 401(k)(12) of
the Internal Revenue Code of 1986 <<NOTE: 26 USC 401.>> is
amended by striking ``if such arrangement'' and all that follows
and inserting ``if such arrangement--
``(i) meets the contribution requirements of
subparagraph (B) and the notice requirements of
subparagraph (D), or
``(ii) meets the contribution requirements of
subparagraph (C).''.
(2) Automatic contribution arrangements.--Subparagraph (B)
of section 401(k)(13) of such Code is amended by striking
``means'' and all that follows and inserting ``means a cash or
deferred arrangement--
``(i) which is described in subparagraph
(D)(i)(I) and meets the applicable requirements of
subparagraphs (C) through (E), or
``(ii) which is described in subparagraph
(D)(i)(II) and meets the applicable requirements
of subparagraphs (C) and (D).''.
(b) Nonelective Contributions.--Section 401(k)(12) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraph (F) as
subparagraph (G), and by inserting after subparagraph (E) the following
new subparagraph:
``(F) Timing of plan amendment for employer making
nonelective contributions.--
``(i) <<NOTE: Applicability. Deadlines.>> In
general.--Except as provided in clause (ii), a
plan may be amended after the beginning of a plan
year to provide that the requirements of
subparagraph (C) shall apply to the arrangement
for the plan year, but only if the amendment is
adopted--
``(I) at any time before the 30th
day before the close of the plan year,
or
``(II) at any time before the last
day under paragraph (8)(A) for
distributing excess contributions for
the plan year.
``(ii) Exception where plan provided for
matching contributions.--Clause (i) shall not
apply to any plan year if the plan provided at any
time during the plan year that the requirements of
subparagraph (B) or paragraph (13)(D)(i)(I)
applied to the plan year.
``(iii) 4-percent contribution requirement.--
Clause (i)(II) shall not apply to an arrangement
unless the amount of the contributions described
in subparagraph (C) which the employer is required
to make under the arrangement for the plan year
with respect to any employee is an amount equal to
at least 4 percent of the employee's
compensation.''.
[[Page 133 STAT. 3147]]
(c) Automatic Contribution Arrangements.--Section 401(k)(13) of the
Internal Revenue Code of 1986 <<NOTE: 26 USC 401.>> is amended by
adding at the end the following:
``(F) Timing of plan amendment for employer making
nonelective contributions.--
``(i) <<NOTE: Applicability. Deadlines.>> In
general.--Except as provided in clause (ii), a
plan may be amended after the beginning of a plan
year to provide that the requirements of
subparagraph (D)(i)(II) shall apply to the
arrangement for the plan year, but only if the
amendment is adopted--
``(I) at any time before the 30th
day before the close of the plan year,
or
``(II) at any time before the last
day under paragraph (8)(A) for
distributing excess contributions for
the plan year.
``(ii) Exception where plan provided for
matching contributions.--Clause (i) shall not
apply to any plan year if the plan provided at any
time during the plan year that the requirements of
subparagraph (D)(i)(I) or paragraph (12)(B)
applied to the plan year.
``(iii) 4-percent contribution requirement.--
Clause (i)(II) shall not apply to an arrangement
unless the amount of the contributions described
in subparagraph (D)(i)(II) which the employer is
required to make under the arrangement for the
plan year with respect to any employee is an
amount equal to at least 4 percent of the
employee's compensation.''.
(d) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made
by this section shall apply to plan years beginning after December 31,
2019.
SEC. 104. INCREASE IN CREDIT LIMITATION FOR SMALL EMPLOYER PENSION
PLAN STARTUP COSTS.
(a) In General.--Paragraph (1) of section 45E(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) for the first credit year and each of the 2 taxable
years immediately following the first credit year, the greater
of--
``(A) $500, or
``(B) the lesser of--
``(i) $250 for each employee of the eligible
employer who is not a highly compensated employee
(as defined in section 414(q)) and who is eligible
to participate in the eligible employer plan
maintained by the eligible employer, or
``(ii) $5,000, and''.
(b) <<NOTE: 26 USC 45E note.>> Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2019.
SEC. 105. SMALL EMPLOYER AUTOMATIC ENROLLMENT CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
[[Page 133 STAT. 3148]]
``SEC. 45T. <<NOTE: 26 USC 45T.>> AUTO-ENROLLMENT OPTION FOR
RETIREMENT SAVINGS OPTIONS PROVIDED BY
SMALL EMPLOYERS.
``(a) In General.--For purposes of section 38, in the case of an
eligible employer, the retirement auto-enrollment credit determined
under this section for any taxable year is an amount equal to--
``(1) $500 for any taxable year occurring during the credit
period, and
``(2) zero for any other taxable year.
``(b) Credit Period.--For purposes of subsection (a)--
``(1) In general.--The credit period with respect to any
eligible employer is the 3-taxable-year period beginning with
the first taxable year for which the employer includes an
eligible automatic contribution arrangement (as defined in
section 414(w)(3)) in a qualified employer plan (as defined in
section 4972(d)) sponsored by the employer.
``(2) Maintenance of arrangement.--No taxable year with
respect to an employer shall be treated as occurring within the
credit period unless the arrangement described in paragraph (1)
is included in the plan for such year.
``(c) <<NOTE: Definition.>> Eligible Employer.--For purposes of
this section, the term `eligible employer' has the meaning given such
term in section 408(p)(2)(C)(i).''.
(b) Credit To Be Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 <<NOTE: 26 USC 38.>> is
amended by striking ``plus'' at the end of paragraph (31), by striking
the period at the end of paragraph (32) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(33) in the case of an eligible employer (as defined in
section 45T(c)), the retirement auto-enrollment credit
determined under section 45T(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of part
IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 <<NOTE: 26 USC 38 prec.>> is amended by inserting after the item
relating to section 45S the following new item:
``Sec. 45T. Auto-enrollment option for retirement savings options
provided by small employers.''.
(d) <<NOTE: 26 USC 38 note.>> Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2019.
SEC. 106. CERTAIN TAXABLE NON-TUITION FELLOWSHIP AND STIPEND
PAYMENTS TREATED AS COMPENSATION FOR IRA
PURPOSES.
(a) In General.--Paragraph (1) of section 219(f) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following: <<NOTE: Definition.>> ``The term `compensation' shall
include any amount which is included in the individual's gross income
and paid to the individual to aid the individual in the pursuit of
graduate or postdoctoral study.''.
(b) <<NOTE: 26 USC 219 note.>> Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2019.
SEC. 107. REPEAL OF MAXIMUM AGE FOR TRADITIONAL IRA CONTRIBUTIONS.
(a) In General.--Paragraph (1) of section 219(d) of the Internal
Revenue Code of 1986 is repealed.
[[Page 133 STAT. 3149]]
(b) Coordination With Qualified Charitable Distributions.--Add at
the end of section 408(d)(8)(A) of such Code the following: ``The amount
of distributions not includible in gross income by reason of the
preceding sentence for a taxable year (determined without regard to this
sentence) shall be reduced (but not below zero) by an amount equal to
the excess of--
``(i) the aggregate amount of deductions
allowed to the taxpayer under section 219 for all
taxable years ending on or after the date the
taxpayer attains age 70\1/2\, over
``(ii) the aggregate amount of reductions
under this sentence for all taxable years
preceding the current taxable year.''.
(c) Conforming Amendment.--Subsection (c) of section 408A of the
Internal Revenue Code of 1986 <<NOTE: 26 USC 408A.>> is amended by
striking paragraph (4) and by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively.
(d) <<NOTE: 26 USC 219 note.>> Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to contributions
made for taxable years beginning after December 31, 2019.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to distributions made for taxable years beginning
after December 31, 2019.
SEC. 108. QUALIFIED EMPLOYER PLANS PROHIBITED FROM MAKING LOANS
THROUGH CREDIT CARDS AND OTHER SIMILAR
ARRANGEMENTS.
(a) In General.--Paragraph (2) of section 72(p) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraph (D) as
subparagraph (E) and by inserting after subparagraph (C) the following
new subparagraph:
``(D) Prohibition of loans through credit cards and
other similar arrangements.--Subparagraph (A) shall not
apply to any loan which is made through the use of any
credit card or any other similar arrangement.''.
(b) <<NOTE: 26 USC 72 note.>> Effective Date.--The amendments made
by subsection (a) shall apply to loans made after the date of the
enactment of this Act.
SEC. 109. PORTABILITY OF LIFETIME INCOME OPTIONS.
(a) In General.--Subsection (a) of section 401 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (37) the
following new paragraph:
``(38) Portability of lifetime income.--
``(A) <<NOTE: Time period.>> In general.--Except as
may be otherwise provided by regulations, a trust
forming part of a defined contribution plan shall not be
treated as failing to constitute a qualified trust under
this section solely by reason of allowing--
``(i) qualified distributions of a lifetime
income investment, or
``(ii) distributions of a lifetime income
investment in the form of a qualified plan
distribution annuity contract,
on or after the date that is 90 days prior to the date
on which such lifetime income investment is no longer
[[Page 133 STAT. 3150]]
authorized to be held as an investment option under the
plan.
``(B) Definitions.--For purposes of this
subsection--
``(i) the term `qualified distribution' means
a direct trustee-to-trustee transfer described in
paragraph (31)(A) to an eligible retirement plan
(as defined in section 402(c)(8)(B)),
``(ii) the term `lifetime income investment'
means an investment option which is designed to
provide an employee with election rights--
``(I) which are not uniformly
available with respect to other
investment options under the plan, and
``(II) which are to a lifetime
income feature available through a
contract or other arrangement offered
under the plan (or under another
eligible retirement plan (as so
defined), if paid by means of a direct
trustee-to-trustee transfer described in
paragraph (31)(A) to such other eligible
retirement plan),
``(iii) the term `lifetime income feature'
means--
``(I) a feature which guarantees a
minimum level of income annually (or
more frequently) for at least the
remainder of the life of the employee or
the joint lives of the employee and the
employee's designated beneficiary, or
``(II) an annuity payable on behalf
of the employee under which payments are
made in substantially equal periodic
payments (not less frequently than
annually) over the life of the employee
or the joint lives of the employee and
the employee's designated beneficiary,
and
``(iv) the term `qualified plan distribution
annuity contract' means an annuity contract
purchased for a participant and distributed to the
participant by a plan or contract described in
subparagraph (B) of section 402(c)(8) (without
regard to clauses (i) and (ii) thereof).''.
(b) Cash or Deferred Arrangement.--
(1) In general.--Clause (i) of section 401(k)(2)(B) of the
Internal Revenue Code of 1986 <<NOTE: 26 USC 401.>> is amended
by striking ``or'' at the end of subclause (IV), by striking
``and'' at the end of subclause (V) and inserting ``or'', and by
adding at the end the following new subclause:
``(VI) <<NOTE: Time period.>>
except as may be otherwise provided by
regulations, with respect to amounts
invested in a lifetime income investment
(as defined in subsection
(a)(38)(B)(ii)), the date that is 90
days prior to the date that such
lifetime income investment may no longer
be held as an investment option under
the arrangement, and''.
(2) Distribution requirement.--Subparagraph (B) of section
401(k)(2) of such Code, as amended by paragraph (1), is amended
by striking ``and'' at the end of clause (i), by striking the
semicolon at the end of clause (ii) and inserting ``, and'', and
by adding at the end the following new clause:
[[Page 133 STAT. 3151]]
``(iii) except as may be otherwise provided by
regulations, in the case of amounts described in
clause (i)(VI), will be distributed only in the
form of a qualified distribution (as defined in
subsection (a)(38)(B)(i)) or a qualified plan
distribution annuity contract (as defined in
subsection (a)(38)(B)(iv)),''.
(c) Section 403(b) Plans.--
(1) Annuity contracts.--Paragraph (11) of section 403(b) of
the Internal Revenue Code of 1986 <<NOTE: 26 USC 403.>> is
amended by striking ``or'' at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and inserting
``, or'', and by inserting after subparagraph (C) the following
new subparagraph:
``(D) except as may be otherwise provided by
regulations, with respect to amounts invested in a
lifetime income investment (as defined in section
401(a)(38)(B)(ii))--
``(i) <<NOTE: Effective date.>> on or after
the date that is 90 days prior to the date that
such lifetime income investment may no longer be
held as an investment option under the contract,
and
``(ii) in the form of a qualified distribution
(as defined in section 401(a)(38)(B)(i)) or a
qualified plan distribution annuity contract (as
defined in section 401(a)(38)(B)(iv)).''.
(2) Custodial accounts.--Subparagraph (A) of section
403(b)(7) of such Code is amended by striking ``if--'' and all
that follows and inserting ``if the amounts are to be invested
in regulated investment company stock to be held in that
custodial account, and under the custodial account--
``(i) no such amounts may be paid or made
available to any distributee (unless such amount
is a distribution to which section 72(t)(2)(G)
applies) before--
``(I) the employee dies,
``(II) the employee attains age
59\1/2\,
``(III) the employee has a severance
from employment,
``(IV) the employee becomes disabled
(within the meaning of section
72(m)(7)),
``(V) in the case of contributions
made pursuant to a salary reduction
agreement (within the meaning of section
3121(a)(5)(D)), the employee encounters
financial hardship, or
``(VI) <<NOTE: Time period.>>
except as may be otherwise provided by
regulations, with respect to amounts
invested in a lifetime income investment
(as defined in section
401(a)(38)(B)(ii)), the date that is 90
days prior to the date that such
lifetime income investment may no longer
be held as an investment option under
the contract, and
``(ii) in the case of amounts described in
clause (i)(VI), such amounts will be distributed
only in the form of a qualified distribution (as
defined in section 401(a)(38)(B)(i)) or a
qualified plan distribution annuity contract (as
defined in section 401(a)(38)(B)(iv)).''.
(d) Eligible Deferred Compensation Plans.--
(1) In general.--Subparagraph (A) of section 457(d)(1) of
the Internal Revenue Code of 1986 is amended by striking
[[Page 133 STAT. 3152]]
``or'' at the end of clause (ii), by inserting ``or'' at the end
of clause (iii), and by adding after clause (iii) the following:
``(iv) <<NOTE: Time period.>> except as may
be otherwise provided by regulations, in the case
of a plan maintained by an employer described in
subsection (e)(1)(A), with respect to amounts
invested in a lifetime income investment (as
defined in section 401(a)(38)(B)(ii)), the date
that is 90 days prior to the date that such
lifetime income investment may no longer be held
as an investment option under the plan,''.
(2) Distribution requirement.--Paragraph (1) of section
457(d) of such Code is amended by striking ``and'' at the end of
subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by inserting after
subparagraph (C) the following new subparagraph:
``(D) except as may be otherwise provided by
regulations, in the case of amounts described in
subparagraph (A)(iv), such amounts will be distributed
only in the form of a qualified distribution (as defined
in section 401(a)(38)(B)(i)) or a qualified plan
distribution annuity contract (as defined in section
401(a)(38)(B)(iv)).''.
(e) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made
by this section shall apply to plan years beginning after December 31,
2019.
SEC. 110. <<NOTE: 26 USC 403 note.>> TREATMENT OF CUSTODIAL
ACCOUNTS ON TERMINATION OF SECTION 403(b)
PLANS.
Not <<NOTE: Deadline. Guidance.>> later than six months after the
date of enactment of this Act, the Secretary of the Treasury shall issue
guidance to provide that, if an employer terminates the plan under which
amounts are contributed to a custodial account under subparagraph (A) of
section 403(b)(7), the plan administrator or custodian may distribute an
individual custodial account in kind to a participant or beneficiary of
the plan and the distributed custodial account shall be maintained by
the custodian on a tax-deferred basis as a section 403(b)(7) custodial
account, similar to the treatment of fully-paid individual annuity
contracts under Revenue Ruling 2011-7, until amounts are actually paid
to the participant or beneficiary. The guidance shall provide further
(i) that the section 403(b)(7) status of the distributed custodial
account is generally maintained if the custodial account thereafter
adheres to the requirements of section 403(b) that are in effect at the
time of the distribution of the account and (ii) that a custodial
account would not be considered distributed to the participant or
beneficiary if the employer has any material retained rights under the
account (but the employer would not be treated as retaining material
rights simply because the custodial account was originally opened under
a group contract). <<NOTE: Effective date.>> Such guidance shall be
retroactively effective for taxable years beginning after December 31,
2008.
SEC. 111. CLARIFICATION OF RETIREMENT INCOME ACCOUNT RULES
RELATING TO CHURCH-CONTROLLED
ORGANIZATIONS.
(a) In General.--Subparagraph (B) of section 403(b)(9) of the
Internal Revenue Code of 1986 <<NOTE: 26 USC 403.>> is amended by
inserting ``(including an employee described in section 414(e)(3)(B))''
after ``employee described in paragraph (1)''.
(b) <<NOTE: 26 USC 403 note.>> Effective Date.--The amendment made
by this section shall apply to years beginning before, on, or after the
date of the enactment of this Act.
[[Page 133 STAT. 3153]]
SEC. 112. QUALIFIED CASH OR DEFERRED ARRANGEMENTS MUST ALLOW LONG-
TERM EMPLOYEES WORKING MORE THAN 500 BUT
LESS THAN 1,000 HOURS PER YEAR TO
PARTICIPATE.
(a) Participation Requirement.--
(1) In general.--Section 401(k)(2)(D) of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 401.>> is amended to read
as follows:
``(D) which does not require, as a condition of
participation in the arrangement, that an employee
complete a period of service with the employer (or
employers) maintaining the plan extending beyond the
close of the earlier of--
``(i) the period permitted under section
410(a)(1) (determined without regard to
subparagraph (B)(i) thereof), or
``(ii) subject to the provisions of paragraph
(15), the first period of 3 consecutive 12-month
periods during each of which the employee has at
least 500 hours of service.''.
(2) Special rules.--Section 401(k) of such Code is amended
by adding at the end the following new paragraph:
``(15) Special rules for participation requirement for long-
term, part-time workers.--For purposes of paragraph (2)(D)(ii)--
``(A) <<NOTE: Time periods.>> Age requirement must
be met.--Paragraph (2)(D)(ii) shall not apply to an
employee unless the employee has met the requirement of
section 410(a)(1)(A)(i) by the close of the last of the
12-month periods described in such paragraph.
``(B) Nondiscrimination and top-heavy rules not to
apply.--
``(i) Nondiscrimination rules.--In the case of
employees who are eligible to participate in the
arrangement solely by reason of paragraph
(2)(D)(ii)--
``(I) notwithstanding subsection
(a)(4), an employer shall not be
required to make nonelective or matching
contributions on behalf of such
employees even if such contributions are
made on behalf of other employees
eligible to participate in the
arrangement, and
``(II) an employer may elect to
exclude such employees from the
application of subsection (a)(4),
paragraphs (3), (12), and (13),
subsection (m)(2), and section 410(b).
``(ii) Top-heavy rules.--An employer may elect
to exclude all employees who are eligible to
participate in a plan maintained by the employer
solely by reason of paragraph (2)(D)(ii) from the
application of the vesting and benefit
requirements under subsections (b) and (c) of
section 416.
``(iii) <<NOTE: Time
periods. Applicability.>> Vesting.--For purposes
of determining whether an employee described in
clause (i) has a nonforfeitable right to employer
contributions (other than contributions described
in paragraph (3)(D)(i)) under the arrangement,
each 12-month period for which the employee has at
least 500 hours of service shall be treated as a
year of service, and section
[[Page 133 STAT. 3154]]
411(a)(6) shall be applied by substituting `at
least 500 hours of service' for `more than 500
hours of service' in subparagraph (A) thereof.
``(iv) Employees who become full-time
employees.-- <<NOTE: Effective date.>> This
subparagraph (other than clause (iii)) shall cease
to apply to any employee as of the first plan year
beginning after the plan year in which the
employee meets the requirements of section
410(a)(1)(A)(ii) without regard to paragraph
(2)(D)(ii).
``(C) Exception for employees under collectively
bargained plans, etc.--Paragraph (2)(D)(ii) shall not
apply to employees described in section 410(b)(3).
``(D) Special rules.--
``(i) <<NOTE: Applicability.>> Time of
participation.--The rules of section 410(a)(4)
shall apply to an employee eligible to participate
in an arrangement solely by reason of paragraph
(2)(D)(ii).
``(ii) 12-month periods.--12-month periods
shall be determined in the same manner as under
the last sentence of section 410(a)(3)(A).''.
(b) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made
by this section shall apply to plan years beginning after December 31,
2020, except that, for purposes of section 401(k)(2)(D)(ii) of the
Internal Revenue Code of 1986 (as added by such amendments), 12-month
periods beginning before January 1, 2021, shall not be taken into
account.
SEC. 113. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR
INDIVIDUALS IN CASE OF BIRTH OF CHILD OR
ADOPTION.
(a) In General.--Section 72(t)(2) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 72.>> is amended by adding at the end the following
new subparagraph:
``(H) Distributions from retirement plans in case of
birth of child or adoption.--
``(i) In general.--Any qualified birth or
adoption distribution.
``(ii) Limitation.--The aggregate amount which
may be treated as qualified birth or adoption
distributions by any individual with respect to
any birth or adoption shall not exceed $5,000.
``(iii) Qualified birth or adoption
distribution.-- <<NOTE: Definitions.>> For
purposes of this subparagraph--
``(I) In general.--The term
`qualified birth or adoption
distribution' means any distribution
from an applicable eligible retirement
plan to an individual if made during the
1-year period beginning on the date on
which a child of the individual is born
or on which the legal adoption by the
individual of an eligible adoptee is
finalized.
``(II) Eligible adoptee.--The term
`eligible adoptee' means any individual
(other than a child of the taxpayer's
spouse) who has not attained age 18 or
is physically or mentally incapable of
self-support.
``(iv) Treatment of plan distributions.--
``(I) In general.--If a distribution
to an individual would (without regard
to clause (ii)) be a
[[Page 133 STAT. 3155]]
qualified birth or adoption
distribution, a plan shall not be
treated as failing to meet any
requirement of this title merely because
the plan treats the distribution as a
qualified birth or adoption
distribution, unless the aggregate
amount of such distributions from all
plans maintained by the employer (and
any member of any controlled group which
includes the employer) to such
individual exceeds $5,000.
``(II) <<NOTE: Definition.>>
Controlled group.--For purposes of
subclause (I), the term `controlled
group' means any group treated as a
single employer under subsection (b),
(c), (m), or (o) of section 414.
``(v) Amount distributed may be repaid.--
``(I) In general.--Any individual
who receives a qualified birth or
adoption distribution may make one or
more contributions in an aggregate
amount not to exceed the amount of such
distribution to an applicable eligible
retirement plan of which such individual
is a beneficiary and to which a rollover
contribution of such distribution could
be made under section 402(c), 403(a)(4),
403(b)(8), 408(d)(3), or 457(e)(16), as
the case may be.
``(II) Limitation on contributions
to applicable eligible retirement plans
other than IRAs.--The aggregate amount
of contributions made by an individual
under subclause (I) to any applicable
eligible retirement plan which is not an
individual retirement plan shall not
exceed the aggregate amount of qualified
birth or adoption distributions which
are made from such plan to such
individual. Subclause (I) shall not
apply to contributions to any applicable
eligible retirement plan which is not an
individual retirement plan unless the
individual is eligible to make
contributions (other than those
described in subclause (I)) to such
applicable eligible retirement plan.
``(III) Treatment of repayments of
distributions from applicable eligible
retirement plans other than
IRAs. <<NOTE: Time period.>> --If a
contribution is made under subclause (I)
with respect to a qualified birth or
adoption distribution from an applicable
eligible retirement plan other than an
individual retirement plan, then the
taxpayer shall, to the extent of the
amount of the contribution, be treated
as having received such distribution in
an eligible rollover distribution (as
defined in section 402(c)(4)) and as
having transferred the amount to the
applicable eligible retirement plan in a
direct trustee to trustee transfer
within 60 days of the distribution.
``(IV) Treatment of repayments for
distributions from IRAs. <<NOTE: Time
period.>> --If a contribution is made
under subclause (I) with respect to a
qualified birth or adoption distribution
from an individual retirement plan,
then, to the extent of the amount
[[Page 133 STAT. 3156]]
of the contribution, such distribution
shall be treated as a distribution
described in section 408(d)(3) and as
having been transferred to the
applicable eligible retirement plan in a
direct trustee to trustee transfer
within 60 days of the distribution.
``(vi) Definition and special rules.--For
purposes of this subparagraph--
``(I) Applicable eligible retirement
plan.--The term `applicable eligible
retirement plan' means an eligible
retirement plan (as defined in section
402(c)(8)(B)) other than a defined
benefit plan.
``(II) Exemption of distributions
from trustee to trustee transfer and
withholding rules.--For purposes of
sections 401(a)(31), 402(f), and 3405, a
qualified birth or adoption distribution
shall not be treated as an eligible
rollover distribution.
``(III) Taxpayer must include tin.--
A distribution shall not be treated as a
qualified birth or adoption distribution
with respect to any child or eligible
adoptee unless the taxpayer includes the
name, age, and TIN of such child or
eligible adoptee on the taxpayer's
return of tax for the taxable year.
``(IV) Distributions treated as
meeting plan distribution
requirements.--Any qualified birth or
adoption distribution shall be treated
as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii),
403(b)(11), and 457(d)(1)(A).''.
(b) <<NOTE: 26 USC 72 note.>> Effective Date.--The amendments made
by this section shall apply to distributions made after December 31,
2019.
SEC. 114. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR
MANDATORY DISTRIBUTIONS.
(a) In General.--Section 401(a)(9)(C)(i)(I) of the Internal Revenue
Code of 1986 <<NOTE: 26 USC 401.>> is amended by striking ``age 70\1/
2\'' and inserting ``age 72''.
(b) Spouse Beneficiaries; Special Rule for Owners.--Subparagraphs
(B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) of such Code are each
amended by striking ``age 70\1/2\'' and inserting ``age 72''.
(c) Conforming Amendments.--The last sentence of section 408(b) of
such Code is amended by striking ``age 70\1/2\'' and inserting ``age
72''.
(d) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made
by this section shall apply to distributions required to be made after
December 31, 2019, with respect to individuals who attain age 70\1/2\
after such date.
SEC. 115. SPECIAL RULES FOR MINIMUM FUNDING STANDARDS FOR
COMMUNITY NEWSPAPER PLANS.
(a) Amendment to Internal Revenue Code of 1986.--Section 430 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(m) Special Rules for Community Newspaper Plans.--
[[Page 133 STAT. 3157]]
``(1) In general.--The plan sponsor of a community newspaper
plan under which no participant has had the participant's
accrued benefit increased (whether because of service or
compensation) after December 31, 2017, may elect to have the
alternative standards described in paragraph (3) apply to such
plan, and any plan sponsored by any member of the same
controlled group.
``(2) Election.--An election under paragraph (1) shall be
made at such time and in such manner as prescribed by the
Secretary. <<NOTE: Applicability.>> Such election, once made
with respect to a plan year, shall apply to all subsequent plan
years unless revoked with the consent of the Secretary.
``(3) Alternative minimum funding standards.--The
alternative standards described in this paragraph are the
following:
``(A) Interest rates.--
``(i) In general.--Notwithstanding subsection
(h)(2)(C) and except as provided in clause (ii),
the first, second, and third segment rates in
effect for any month for purposes of this section
shall be 8 percent.
``(ii) <<NOTE: Determination.>> New benefit
accruals.--Notwithstanding subsection (h)(2), for
purposes of determining the funding target and
normal cost of a plan for any plan year, the
present value of any benefits accrued or earned
under the plan for a plan year with respect to
which an election under paragraph (1) is in effect
shall be determined on the basis of the United
States Treasury obligation yield curve for the day
that is the valuation date of such plan for such
plan year.
``(iii) United states treasury obligation
yield curve.-- <<NOTE: Definition.>> For purposes
of this subsection, the term `United States
Treasury obligation yield curve' means, with
respect to any day, a yield curve which shall be
prescribed by the Secretary for such day on
interest-bearing obligations of the United States.
``(B) Shortfall amortization base.--
``(i) Previous shortfall amortization bases.--
The shortfall amortization bases determined under
subsection (c)(3) for all plan years preceding the
first plan year to which the election under
paragraph (1) applies (and all shortfall
amortization installments determined with respect
to such bases) shall be reduced to zero under
rules similar to the rules of subsection (c)(6).
``(ii) New shortfall amortization base.--
Notwithstanding subsection (c)(3), the shortfall
amortization base for the first plan year to which
the election under paragraph (1) applies shall be
the funding shortfall of such plan for such plan
year (determined using the interest rates as
modified under subparagraph (A)).
``(C) Determination of shortfall amortization
installments.--
``(i) <<NOTE: Applicability.>> 30-year
period.--Subparagraphs (A) and (B) of subsection
(c)(2) shall be applied by substituting `30-plan-
year' for `7-plan-year' each place it appears.
``(ii) No special election.--The election
under subparagraph (D) of subsection (c)(2) shall
not apply
[[Page 133 STAT. 3158]]
to any plan year to which the election under
paragraph (1) applies.
``(D) Exemption from at-risk treatment.--Subsection
(i) shall not apply.
``(4) <<NOTE: Definitions.>> Community newspaper plan.--For
purposes of this subsection--
``(A) In general.--The term `community newspaper
plan' means a plan to which this section applies
maintained by an employer which, as of December 31,
2017--
``(i) publishes and distributes daily, either
electronically or in printed form, 1 or more
community newspapers in a single State,
``(ii) is not a company the stock of which is
publicly traded (on a stock exchange or in an
over-the-counter market), and is not controlled,
directly or indirectly, by such a company,
``(iii) is controlled, directly or
indirectly--
``(I) by 1 or more persons residing
primarily in the State in which the
community newspaper is published,
``(II) for not less than 30 years by
individuals who are members of the same
family,
``(III) by a trust created or
organized in the State in which the
community newspaper is published, the
sole trustees of which are persons
described in subclause (I) or (II),
``(IV) by an entity which is
described in section 501(c)(3) and
exempt from taxation under section
501(a), which is organized and operated
in the State in which the community
newspaper is published, and the primary
purpose of which is to benefit
communities in such State, or
``(V) by a combination of persons
described in subclause (I), (III), or
(IV), and
``(iv) does not control, directly or
indirectly, any newspaper in any other State.
``(B) Community newspaper.--The term `community
newspaper' means a newspaper which primarily serves a
metropolitan statistical area, as determined by the
Office of Management and Budget, with a population of
not less than 100,000.
``(C) Control.--A person shall be treated as
controlled by another person if such other person
possesses, directly or indirectly, the power to direct
or cause the direction and management of such person
(including the power to elect a majority of the members
of the board of directors of such person) through the
ownership of voting securities.
``(5) <<NOTE: Definition.>> Controlled group.--For purposes
of this subsection, the term `controlled group' means all
persons treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 as of the date of the enactment of
this subsection.''.
(b) Amendment to Employee Retirement Income Security Act of 1974.--
Section 303 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1083) is amended by adding at the end the following new
subsection:
``(m) Special Rules for Community Newspaper Plans.--
[[Page 133 STAT. 3159]]
``(1) In general.--The plan sponsor of a community newspaper
plan under which no participant has had the participant's
accrued benefit increased (whether because of service or
compensation) after December 31, 2017, may elect to have the
alternative standards described in paragraph (3) apply to such
plan, and any plan sponsored by any member of the same
controlled group.
``(2) <<NOTE: Applicability.>> Election.--An election under
paragraph (1) shall be made at such time and in such manner as
prescribed by the Secretary of the Treasury. Such election, once
made with respect to a plan year, shall apply to all subsequent
plan years unless revoked with the consent of the Secretary of
the Treasury.
``(3) Alternative minimum funding standards.--The
alternative standards described in this paragraph are the
following:
``(A) Interest rates.--
``(i) In general.--Notwithstanding subsection
(h)(2)(C) and except as provided in clause (ii),
the first, second, and third segment rates in
effect for any month for purposes of this section
shall be 8 percent.
``(ii) <<NOTE: Determination.>> New benefit
accruals.--Notwithstanding subsection (h)(2), for
purposes of determining the funding target and
normal cost of a plan for any plan year, the
present value of any benefits accrued or earned
under the plan for a plan year with respect to
which an election under paragraph (1) is in effect
shall be determined on the basis of the United
States Treasury obligation yield curve for the day
that is the valuation date of such plan for such
plan year.
``(iii) United states treasury obligation
yield curve. <<NOTE: Definition.>> --For purposes
of this subsection, the term `United States
Treasury obligation yield curve' means, with
respect to any day, a yield curve which shall be
prescribed by the Secretary of the Treasury for
such day on interest-bearing obligations of the
United States.
``(B) Shortfall amortization base.--
``(i) Previous shortfall amortization bases.--
The shortfall amortization bases determined under
subsection (c)(3) for all plan years preceding the
first plan year to which the election under
paragraph (1) applies (and all shortfall
amortization installments determined with respect
to such bases) shall be reduced to zero under
rules similar to the rules of subsection (c)(6).
``(ii) New shortfall amortization base.--
Notwithstanding subsection (c)(3), the shortfall
amortization base for the first plan year to which
the election under paragraph (1) applies shall be
the funding shortfall of such plan for such plan
year (determined using the interest rates as
modified under subparagraph (A)).
``(C) Determination of shortfall amortization
installments.--
``(i) <<NOTE: Applicability.>> 30-year
period.--Subparagraphs (A) and (B) of subsection
(c)(2) shall be applied by substituting `30-plan-
year' for `7-plan-year' each place it appears.
[[Page 133 STAT. 3160]]
``(ii) No special election.--The election
under subparagraph (D) of subsection (c)(2) shall
not apply to any plan year to which the election
under paragraph (1) applies.
``(D) Exemption from at-risk treatment.--Subsection
(i) shall not apply.
``(4) <<NOTE: Definitions.>> Community newspaper plan.--For
purposes of this subsection--
``(A) In general.--The term `community newspaper
plan' means a plan to which this section applies
maintained by an employer which, as of December 31,
2017--
``(i) publishes and distributes daily, either
electronically or in printed form--
``(I) a community newspaper, or
``(II) 1 or more community
newspapers in the same State,
``(ii) is not a company the stock of which is
publicly traded (on a stock exchange or in an
over-the-counter market), and is not controlled,
directly or indirectly, by such a company,
``(iii) is controlled, directly or
indirectly--
``(I) by 1 or more persons residing
primarily in the State in which the
community newspaper is published,
``(II) for not less than 30 years by
individuals who are members of the same
family,
``(III) by a trust created or
organized in the State in which the
community newspaper is published, the
sole trustees of which are persons
described in subclause (I) or (II),
``(IV) by an entity which is
described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of
such Code, which is organized and
operated in the State in which the
community newspaper is published, and
the primary purpose of which is to
benefit communities in such State, or
``(V) by a combination of persons
described in subclause (I), (III), or
(IV), and
``(iv) does not control, directly or
indirectly, any newspaper in any other State.
``(B) Community newspaper.--The term `community
newspaper' means a newspaper which primarily serves a
metropolitan statistical area, as determined by the
Office of Management and Budget, with a population of
not less than 100,000.
``(C) Control.--A person shall be treated as
controlled by another person if such other person
possesses, directly or indirectly, the power to direct
or cause the direction and management of such person
(including the power to elect a majority of the members
of the board of directors of such person) through the
ownership of voting securities.
``(5) <<NOTE: Definition.>> Controlled group.--For purposes
of this subsection, the term `controlled group' means all
persons treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 of the Internal Revenue Code of 1986
as of the date of the enactment of this subsection.
[[Page 133 STAT. 3161]]
``(6) <<NOTE: Determination.>> Effect on premium rate
calculation.--Notwithstanding any other provision of law or any
regulation issued by the Pension Benefit Guaranty Corporation,
in the case of a plan for which an election is made to apply the
alternative standards described in paragraph (3), the additional
premium under section 4006(a)(3)(E) shall be determined as if
such election had not been made.''.
(c) <<NOTE: 26 USC 430 note.>> Effective Date.--The amendments made
by this section shall apply to plan years ending after December 31,
2017.
SEC. 116. TREATING EXCLUDED DIFFICULTY OF CARE PAYMENTS AS
COMPENSATION FOR DETERMINING RETIREMENT
CONTRIBUTION LIMITATIONS.
(a) Individual Retirement Accounts.--
(1) In general.--Section 408(o) of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 408.>> is amended by adding at the end
the following new paragraph:
``(5) Special rule for difficulty of care payments excluded
from gross income.--In the case of an individual who for a
taxable year excludes from gross income under section 131 a
qualified foster care payment which is a difficulty of care
payment, if--
``(A) the deductible amount in effect for the
taxable year under subsection (b), exceeds
``(B) the amount of compensation includible in the
individual's gross income for the taxable year,
the individual may elect to increase the nondeductible limit
under paragraph (2) for the taxable year by an amount equal to
the lesser of such excess or the amount so excluded.''.
(2) <<NOTE: 26 USC 408 note.>> Effective date.--The
amendments made by this subsection shall apply to contributions
after the date of the enactment of this Act.
(b) Defined Contribution Plans.--
(1) In general.--Section 415(c) of such Code is amended by
adding at the end the following new paragraph:
``(8) Special rule for difficulty of care payments excluded
from gross income.--
``(A) In general.--For purposes of paragraph (1)(B),
in the case of an individual who for a taxable year
excludes from gross income under section 131 a qualified
foster care payment which is a difficulty of care
payment, the participant's compensation, or earned
income, as the case may be, shall be increased by the
amount so excluded.
``(B) Contributions allocable to difficulty of care
payments treated as after-tax.--Any contribution by the
participant which is allowable due to such increase--
``(i) shall be treated for purposes of this
title as investment in the contract, and
``(ii) shall not cause a plan (and any
arrangement which is part of such plan) to be
treated as failing to meet any requirements of
this chapter solely by reason of allowing any such
contributions.''.
(2) <<NOTE: 26 USC 415 note.>> Effective date.--The
amendment made by this subsection shall apply to plan years
beginning after December 31, 2015.
[[Page 133 STAT. 3162]]
TITLE II--ADMINISTRATIVE IMPROVEMENTS
SEC. 201. PLAN ADOPTED BY FILING DUE DATE FOR YEAR MAY BE TREATED
AS IN EFFECT AS OF CLOSE OF YEAR.
(a) In General.--Subsection (b) of section 401 of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 401.>> is amended--
(1) by striking ``Retroactive Changes in Plan.--A stock
bonus'' and inserting ``Plan Amendments.--
``(1) Certain retroactive changes in plan.--A stock bonus'';
and
(2) by adding at the end the following new paragraph:
``(2) Adoption of plan.--If an employer adopts a stock
bonus, pension, profit-sharing, or annuity plan after the close
of a taxable year but before the time prescribed by law for
filing the return of the employer for the taxable year
(including extensions thereof), the employer may elect to treat
the plan as having been adopted as of the last day of the
taxable year.''.
(b) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made
by this section shall apply to plans adopted for taxable years beginning
after December 31, 2019.
SEC. 202. COMBINED ANNUAL REPORT FOR GROUP OF PLANS.
(a) <<NOTE: Cooperation. 26 USC 6058 note.>> In General.--The
Secretary of the Treasury and the Secretary of Labor shall, in
cooperation, modify the returns required under section 6058 of the
Internal Revenue Code of 1986 and the reports required by section 104 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024) so
that all members of a group of plans described in subsection (c) may
file a single aggregated annual return or report satisfying the
requirements of both such sections.
(b) <<NOTE: 26 USC 6058 note.>> Administrative Requirements.--In
developing the consolidated return or report under subsection (a), the
Secretary of the Treasury and the Secretary of Labor may require such
return or report to include any information regarding each plan in the
group as such Secretaries determine is necessary or appropriate for the
enforcement and administration of the Internal Revenue Code of 1986 and
the Employee Retirement Income Security Act of 1974 and shall require
such information as will enable a participant in a plan to identify any
aggregated return or report filed with respect to the plan.
(c) <<NOTE: 26 USC 6058 note.>> Plans Described.--A group of plans
is described in this subsection if all plans in the group--
(1) are individual account plans or defined contribution
plans (as defined in section 3(34) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(34)) or in section
414(i) of the Internal Revenue Code of 1986);
(2) have--
(A) the same trustee (as described in section 403(a)
of such Act (29 U.S.C. 1103(a)));
(B) the same one or more named fiduciaries (as
described in section 402(a) of such Act (29 U.S.C.
1102(a)));
(C) the same administrator (as defined in section
3(16)(A) of such Act (29 U.S.C. 1002(16)(A))) and plan
administrator (as defined in section 414(g) of the
Internal Revenue Code of 1986); and
[[Page 133 STAT. 3163]]
(D) plan years beginning on the same date; and
(3) provide the same investments or investment options to
participants and beneficiaries.
A plan not subject to title I of the Employee Retirement Income Security
Act of 1974 shall be treated as meeting the requirements of paragraph
(2) as part of a group of plans if the same person that performs each of
the functions described in such paragraph, as applicable, for all other
plans in such group performs each of such functions for such plan.
(d) Clarification Relating to Electronic Filing of Returns for
Deferred Compensation Plans.--
(1) In general.--Section 6011(e) of the Internal Revenue
Code of 1986 <<NOTE: 26 USC 601.>> is amended by adding at the
end the following new paragraph:
``(6) Application of numerical limitation to returns
relating to deferred compensation plans.--For purposes of
applying the numerical limitation under paragraph (2)(A) to any
return required under section 6058, information regarding each
plan for which information is provided on such return shall be
treated as a separate return.''.
(2) <<NOTE: 26 USC 6011 note.>> Effective date.--The
amendment made by paragraph (1) shall apply to returns required
to be filed with respect to plan years beginning after December
31, 2019.
(e) <<NOTE: 26 USC 6058 note.>> Effective Date.--The modification
required by subsection (a) shall be implemented not later than January
1, 2022, and shall apply to returns and reports for plan years beginning
after December 31, 2021.
SEC. 203. DISCLOSURE REGARDING LIFETIME INCOME.
(a) In General.--Subparagraph (B) of section 105(a)(2) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2))
is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking ``diversification.'' and
inserting ``diversification, and''; and
(3) by inserting at the end the following:
``(iii) the lifetime income disclosure
described in subparagraph (D)(i).
In the case of pension benefit statements described in
clause (i) of paragraph (1)(A), a lifetime income
disclosure under clause (iii) of this subparagraph shall
be required to be included in only one pension benefit
statement during any one 12-month period.''.
(b) Lifetime Income.--Paragraph (2) of section 105(a) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)) is
amended by adding at the end the following new subparagraph:
``(D) Lifetime income disclosure.--
``(i) In general.--
``(I) Disclosure.--A lifetime income
disclosure shall set forth the lifetime
income stream equivalent of the total
benefits accrued with respect to the
participant or beneficiary.
``(II) Lifetime income stream
equivalent of the total benefits
accrued. <<NOTE: Definition.>> --For
purposes of this subparagraph, the term
`lifetime income stream equivalent of
the total benefits accrued'
[[Page 133 STAT. 3164]]
means the amount of monthly payments the
participant or beneficiary would receive
if the total accrued benefits of such
participant or beneficiary were used to
provide lifetime income streams
described in subclause (III), based on
assumptions specified in rules
prescribed by the Secretary.
``(III) Lifetime income streams.--
The lifetime income streams described in
this subclause are a qualified joint and
survivor annuity (as defined in section
205(d)), based on assumptions specified
in rules prescribed by the Secretary,
including the assumption that the
participant or beneficiary has a spouse
of equal age, and a single life annuity.
Such lifetime income streams may have a
term certain or other features to the
extent permitted under rules prescribed
by the Secretary.
``(ii) <<NOTE: Deadline.>> Model
disclosure.--Not later than 1 year after the date
of the enactment of the Setting Every Community Up
for Retirement Enhancement Act of 2019, the
Secretary shall issue a model lifetime income
disclosure, written in a manner so as to be
understood by the average plan participant,
which--
``(I) explains that the lifetime
income stream equivalent is only
provided as an illustration;
``(II) explains that the actual
payments under the lifetime income
stream described in clause (i)(III)
which may be purchased with the total
benefits accrued will depend on numerous
factors and may vary substantially from
the lifetime income stream equivalent in
the disclosures;
``(III) explains the assumptions
upon which the lifetime income stream
equivalent was determined; and
``(IV) provides such other similar
explanations as the Secretary considers
appropriate.
``(iii) <<NOTE: Deadline.>> Assumptions and
rules.--Not later than 1 year after the date of
the enactment of the Setting Every Community Up
for Retirement Enhancement Act of 2019, the
Secretary shall--
``(I) prescribe assumptions which
administrators of individual account
plans may use in converting total
accrued benefits into lifetime income
stream equivalents for purposes of this
subparagraph; and
``(II) <<NOTE: Regulations.>> issue
interim final rules under clause (i).
In prescribing assumptions under subclause (I),
the Secretary may prescribe a single set of
specific assumptions (in which case the Secretary
may issue tables or factors which facilitate such
conversions), or ranges of permissible
assumptions. To the extent that an accrued benefit
is or may be invested in a lifetime income stream
described in clause (i)(III), the assumptions
prescribed under subclause (I) shall, to the
extent appropriate, permit administrators of
individual account plans to use the amounts
payable under such lifetime income stream as a
lifetime income stream equivalent.
[[Page 133 STAT. 3165]]
``(iv) Limitation on liability.--No plan
fiduciary, plan sponsor, or other person shall
have any liability under this title solely by
reason of the provision of lifetime income stream
equivalents which are derived in accordance with
the assumptions and rules described in clause
(iii) and which include the explanations contained
in the model lifetime income disclosure described
in clause (ii). <<NOTE: Applicability.>> This
clause shall apply without regard to whether the
provision of such lifetime income stream
equivalent is required by subparagraph (B)(iii).
``(v) <<NOTE: Applicability. Time period.>>
Effective date.--The requirement in subparagraph
(B)(iii) shall apply to pension benefit statements
furnished more than 12 months after the latest of
the issuance by the Secretary of--
``(I) interim final rules under
clause (i);
``(II) the model disclosure under
clause (ii); or
``(III) the assumptions under clause
(iii).''.
SEC. 204. FIDUCIARY SAFE HARBOR FOR SELECTION OF LIFETIME INCOME
PROVIDER.
Section 404 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1104) is amended by adding at the end the following:
``(e) Safe Harbor for Annuity Selection.--
``(1) In general.--With respect to the selection of an
insurer for a guaranteed retirement income contract, the
requirements of subsection (a)(1)(B) will be deemed to be
satisfied if a fiduciary--
``(A) engages in an objective, thorough, and
analytical search for the purpose of identifying
insurers from which to purchase such contracts;
``(B) with respect to each insurer identified under
subparagraph (A)--
``(i) considers the financial capability of
such insurer to satisfy its obligations under the
guaranteed retirement income contract; and
``(ii) considers the cost (including fees and
commissions) of the guaranteed retirement income
contract offered by the insurer in relation to the
benefits and product features of the contract and
administrative services to be provided under such
contract; and
``(C) on the basis of such consideration, concludes
that--
``(i) at the time of the selection, the
insurer is financially capable of satisfying its
obligations under the guaranteed retirement income
contract; and
``(ii) the relative cost of the selected
guaranteed retirement income contract as described
in subparagraph (B)(ii) is reasonable.
``(2) Financial capability of the insurer.--A fiduciary will
be deemed to satisfy the requirements of paragraphs (1)(B)(i)
and (1)(C)(i) if--
``(A) the fiduciary obtains written representations
from the insurer that--
``(i) the insurer is licensed to offer
guaranteed retirement income contracts;
[[Page 133 STAT. 3166]]
``(ii) <<NOTE: Time period.>> the insurer, at
the time of selection and for each of the
immediately preceding 7 plan years--
``(I) operates under a certificate
of authority from the insurance
commissioner of its domiciliary State
which has not been revoked or suspended;
``(II) has filed audited financial
statements in accordance with the laws
of its domiciliary State under
applicable statutory accounting
principles;
``(III) maintains (and has
maintained) reserves which satisfies all
the statutory requirements of all States
where the insurer does business; and
``(IV) is not operating under an
order of supervision, rehabilitation, or
liquidation;
``(iii) <<NOTE: Time period.>> the insurer
undergoes, at least every 5 years, a financial
examination (within the meaning of the law of its
domiciliary State) by the insurance commissioner
of the domiciliary State (or representative,
designee, or other party approved by such
commissioner); and
``(iv) <<NOTE: Notification.>> the insurer
will notify the fiduciary of any change in
circumstances occurring after the provision of the
representations in clauses (i), (ii), and (iii)
which would preclude the insurer from making such
representations at the time of issuance of the
guaranteed retirement income contract; and
``(B) after receiving such representations and as of
the time of selection, the fiduciary has not received
any notice described in subparagraph (A)(iv) and is in
possession of no other information which would cause the
fiduciary to question the representations provided.
``(3) No requirement to select lowest cost.--Nothing in this
subsection shall be construed to require a fiduciary to select
the lowest cost contract. A fiduciary may consider the value of
a contract, including features and benefits of the contract and
attributes of the insurer (including, without limitation, the
insurer's financial strength) in conjunction with the cost of
the contract.
``(4) Time of selection.--
``(A) In general.--For purposes of this subsection,
the time of selection is--
``(i) the time that the insurer and the
contract are selected for distribution of benefits
to a specific participant or beneficiary; or
``(ii) if the fiduciary periodically reviews
the continuing appropriateness of the conclusion
described in paragraph (1)(C) with respect to a
selected insurer, taking into account the
considerations described in such paragraph, the
time that the insurer and the contract are
selected to provide benefits at future dates to
participants or beneficiaries under the plan.
Nothing in the preceding sentence shall be construed to
require the fiduciary to review the appropriateness of a
selection after the purchase of a contract for a
participant or beneficiary.
[[Page 133 STAT. 3167]]
``(B) Periodic review.--A fiduciary will be deemed
to have conducted the periodic review described in
subparagraph (A)(ii) if the fiduciary obtains the
written representations described in clauses (i), (ii),
and (iii) of paragraph (2)(A) from the insurer on an
annual basis, unless the fiduciary receives any notice
described in paragraph (2)(A)(iv) or otherwise becomes
aware of facts that would cause the fiduciary to
question such representations.
``(5) Limited liability.--A fiduciary which satisfies the
requirements of this subsection shall not be liable following
the distribution of any benefit, or the investment by or on
behalf of a participant or beneficiary pursuant to the selected
guaranteed retirement income contract, for any losses that may
result to the participant or beneficiary due to an insurer's
inability to satisfy its financial obligations under the terms
of such contract.
``(6) Definitions.--For purposes of this subsection--
``(A) Insurer.--The term `insurer' means an
insurance company, insurance service, or insurance
organization, including affiliates of such companies.
``(B) Guaranteed retirement income contract.--The
term `guaranteed retirement income contract' means an
annuity contract for a fixed term or a contract (or
provision or feature thereof) which provides guaranteed
benefits annually (or more frequently) for at least the
remainder of the life of the participant or the joint
lives of the participant and the participant's
designated beneficiary as part of an individual account
plan.''.
SEC. 205. MODIFICATION OF NONDISCRIMINATION RULES TO PROTECT
OLDER, LONGER SERVICE PARTICIPANTS.
(a) In General.--Section 401 of the Internal Revenue Code of
1986 <<NOTE: 26 USC 401.>> is amended--
(1) by redesignating subsection (o) as subsection (p); and
(2) by inserting after subsection (n) the following new
subsection:
``(o) Special Rules for Applying Nondiscrimination Rules to Protect
Older, Longer Service and Grandfathered Participants.--
``(1) Testing of defined benefit plans with closed classes
of participants.--
``(A) Benefits, rights, or features provided to
closed classes.--A defined benefit plan which provides
benefits, rights, or features to a closed class of
participants shall not fail to satisfy the requirements
of subsection (a)(4) by reason of the composition of
such closed class or the benefits, rights, or features
provided to such closed class, if--
``(i) for the plan year as of which the class
closes and the 2 succeeding plan years, such
benefits, rights, and features satisfy the
requirements of subsection (a)(4) (without regard
to this subparagraph but taking into account the
rules of subparagraph (I)),
``(ii) after the date as of which the class
was closed, any plan amendment which modifies the
closed class or the benefits, rights, and features
provided to such
[[Page 133 STAT. 3168]]
closed class does not discriminate significantly
in favor of highly compensated employees, and
``(iii) the class was closed before April 5,
2017, or the plan is described in subparagraph
(C).
``(B) Aggregate testing with defined contribution
plans permitted on a benefits basis.--
``(i) <<NOTE: Determination.>> In general.--
For purposes of determining compliance with
subsection (a)(4) and section 410(b), a defined
benefit plan described in clause (iii) may be
aggregated and tested on a benefits basis with 1
or more defined contribution plans, including with
the portion of 1 or more defined contribution
plans which--
``(I) provides matching
contributions (as defined in subsection
(m)(4)(A)),
``(II) provides annuity contracts
described in section 403(b) which are
purchased with matching contributions or
nonelective contributions, or
``(III) consists of an employee
stock ownership plan (within the meaning
of section 4975(e)(7)) or a tax credit
employee stock ownership plan (within
the meaning of section 409(a)).
``(ii) Special rules for matching
contributions.--For purposes of clause (i), if a
defined benefit plan is aggregated with a portion
of a defined contribution plan providing matching
contributions--
``(I) such defined benefit plan must
also be aggregated with any portion of
such defined contribution plan which
provides elective deferrals described in
subparagraph (A) or (C) of section
402(g)(3), and
``(II) such matching contributions
shall be treated in the same manner as
nonelective contributions, including for
purposes of applying the rules of
subsection (l).
``(iii) Plans described.--A defined benefit
plan is described in this clause if--
``(I) the plan provides benefits to
a closed class of participants,
``(II) for the plan year as of which
the class closes and the 2 succeeding
plan years, the plan satisfies the
requirements of section 410(b) and
subsection (a)(4) (without regard to
this subparagraph but taking into
account the rules of subparagraph (I)),
``(III) after the date as of which
the class was closed, any plan amendment
which modifies the closed class or the
benefits provided to such closed class
does not discriminate significantly in
favor of highly compensated employees,
and
``(IV) the class was closed before
April 5, 2017, or the plan is described
in subparagraph (C).
``(C) <<NOTE: Time periods.>> Plans described.--A
plan is described in this subparagraph if, taking into
account any predecessor plan--
``(i) such plan has been in effect for at
least 5 years as of the date the class is closed,
and
[[Page 133 STAT. 3169]]
``(ii) during the 5-year period preceding the
date the class is closed, there has not been a
substantial increase in the coverage or value of
the benefits, rights, or features described in
subparagraph (A) or in the coverage or benefits
under the plan described in subparagraph (B)(iii)
(whichever is applicable).
``(D) Determination of substantial increase for
benefits, rights, and features. <<NOTE: Time
period.>> --In applying subparagraph (C)(ii) for
purposes of subparagraph (A)(iii), a plan shall be
treated as having had a substantial increase in coverage
or value of the benefits, rights, or features described
in subparagraph (A) during the applicable 5-year period
only if, during such period--
``(i) the number of participants covered by
such benefits, rights, or features on the date
such period ends is more than 50 percent greater
than the number of such participants on the first
day of the plan year in which such period began,
or
``(ii) such benefits, rights, and features
have been modified by 1 or more plan amendments in
such a way that, as of the date the class is
closed, the value of such benefits, rights, and
features to the closed class as a whole is
substantially greater than the value as of the
first day of such 5-year period, solely as a
result of such amendments.
``(E) Determination of substantial increase for
aggregate testing on benefits basis.-- <<NOTE: Time
period.>> In applying subparagraph (C)(ii) for purposes
of subparagraph (B)(iii)(IV), a plan shall be treated as
having had a substantial increase in coverage or
benefits during the applicable 5-year period only if,
during such period--
``(i) the number of participants benefitting
under the plan on the date such period ends is
more than 50 percent greater than the number of
such participants on the first day of the plan
year in which such period began, or
``(ii) the average benefit provided to such
participants on the date such period ends is more
than 50 percent greater than the average benefit
provided on the first day of the plan year in
which such period began.
``(F) <<NOTE: Time periods.>> Certain employees
disregarded.--For purposes of subparagraphs (D) and (E),
any increase in coverage or value or in coverage or
benefits, whichever is applicable, which is attributable
to such coverage and value or coverage and benefits
provided to employees--
``(i) who became participants as a result of a
merger, acquisition, or similar event which
occurred during the 7-year period preceding the
date the class is closed, or
``(ii) who became participants by reason of a
merger of the plan with another plan which had
been in effect for at least 5 years as of the date
of the merger,
shall be disregarded, except that clause (ii) shall
apply for purposes of subparagraph (D) only if, under
the merger, the benefits, rights, or features under 1
plan are conformed
[[Page 133 STAT. 3170]]
to the benefits, rights, or features of the other plan
prospectively.
``(G) Rules relating to average benefit.--For
purposes of subparagraph (E)--
``(i) the average benefit provided to
participants under the plan will be treated as
having remained the same between the 2 dates
described in subparagraph (E)(ii) if the benefit
formula applicable to such participants has not
changed between such dates, and
``(ii) if the benefit formula applicable to 1
or more participants under the plan has changed
between such 2 dates, then the average benefit
under the plan shall be considered to have
increased by more than 50 percent only if--
``(I) the total amount determined
under section 430(b)(1)(A)(i) for all
participants benefitting under the plan
for the plan year in which the 5-year
period described in subparagraph (E)
ends, exceeds
``(II) <<NOTE: Time period.>> the
total amount determined under section
430(b)(1)(A)(i) for all such
participants for such plan year, by
using the benefit formula in effect for
each such participant for the first plan
year in such 5-year period,
by more than 50 percent. In the case of a CSEC
plan (as defined in section 414(y)), the normal
cost of the plan (as determined under section
433(j)(1)(B)) shall be used in lieu of the amount
determined under section 430(b)(1)(A)(i).
``(H) Treatment as single plan.--For purposes of
subparagraphs (E) and (G), a plan described in section
413(c) shall be treated as a single plan rather than as
separate plans maintained by each employer in the plan.
``(I) Special rules.--For purposes of subparagraphs
(A)(i) and (B)(iii)(II), the following rules shall
apply:
``(i) In applying section 410(b)(6)(C), the
closing of the class of participants shall not be
treated as a significant change in coverage under
section 410(b)(6)(C)(i)(II).
``(ii) 2 or more plans shall not fail to be
eligible to be aggregated and treated as a single
plan solely by reason of having different plan
years.
``(iii) Changes in the employee population
shall be disregarded to the extent attributable to
individuals who become employees or cease to be
employees, after the date the class is closed, by
reason of a merger, acquisition, divestiture, or
similar event.
``(iv) Aggregation and all other testing
methodologies otherwise applicable under
subsection (a)(4) and section 410(b) may be taken
into account.
The rule of clause (ii) shall also apply for purposes of
determining whether plans to which subparagraph (B)(i)
applies may be aggregated and treated as 1 plan for
purposes of determining whether such plans meet the
requirements of subsection (a)(4) and section 410(b).
``(J) Spun-off plans.--For purposes of this
paragraph, if a portion of a defined benefit plan
described in subparagraph (A) or (B)(iii) is spun off to
another employer and
[[Page 133 STAT. 3171]]
the spun-off plan continues to satisfy the requirements
of--
``(i) <<NOTE: Time period.>> subparagraph
(A)(i) or (B)(iii)(II), whichever is applicable,
if the original plan was still within the 3-year
period described in such subparagraph at the time
of the spin off, and
``(ii) subparagraph (A)(ii) or (B)(iii)(III),
whichever is applicable,
the treatment under subparagraph (A) or (B) of the spun-
off plan shall continue with respect to such other
employer.
``(2) Testing of defined contribution plans.--
``(A) Testing on a benefits basis.--A defined
contribution plan shall be permitted to be tested on a
benefits basis if--
``(i) such defined contribution plan provides
make-whole contributions to a closed class of
participants whose accruals under a defined
benefit plan have been reduced or eliminated,
``(ii) for the plan year of the defined
contribution plan as of which the class eligible
to receive such make-whole contributions closes
and the 2 succeeding plan years, such closed class
of participants satisfies the requirements of
section 410(b)(2)(A)(i) (determined by applying
the rules of paragraph (1)(I)),
``(iii) after the date as of which the class
was closed, any plan amendment to the defined
contribution plan which modifies the closed class
or the allocations, benefits, rights, and features
provided to such closed class does not
discriminate significantly in favor of highly
compensated employees, and
``(iv) the class was closed before April 5,
2017, or the defined benefit plan under clause (i)
is described in paragraph (1)(C) (as applied for
purposes of paragraph (1)(B)(iii)(IV)).
``(B) Aggregation with plans including matching
contributions.--
``(i) In general.--With respect to 1 or more
defined contribution plans described in
subparagraph (A), for purposes of determining
compliance with subsection (a)(4) and section
410(b), the portion of such plans which provides
make-whole contributions or other nonelective
contributions may be aggregated and tested on a
benefits basis with the portion of 1 or more other
defined contribution plans which--
``(I) provides matching
contributions (as defined in subsection
(m)(4)(A)),
``(II) provides annuity contracts
described in section 403(b) which are
purchased with matching contributions or
nonelective contributions, or
``(III) consists of an employee
stock ownership plan (within the meaning
of section 4975(e)(7)) or a tax credit
employee stock ownership plan (within
the meaning of section 409(a)).
``(ii) Special rules for matching
contributions.--Rules similar to the rules of
paragraph (1)(B)(ii) shall apply for purposes of
clause (i).
[[Page 133 STAT. 3172]]
``(C) Special rules for testing defined contribution
plan features providing matching contributions to
certain older, longer service participants.--In the case
of a defined contribution plan which provides benefits,
rights, or features to a closed class of participants
whose accruals under a defined benefit plan have been
reduced or eliminated, the plan shall not fail to
satisfy the requirements of subsection (a)(4) solely by
reason of the composition of the closed class or the
benefits, rights, or features provided to such closed
class if the defined contribution plan and defined
benefit plan otherwise meet the requirements of
subparagraph (A) but for the fact that the make-whole
contributions under the defined contribution plan are
made in whole or in part through matching contributions.
``(D) <<NOTE: Time period.>> Spun-off plans.--For
purposes of this paragraph, if a portion of a defined
contribution plan described in subparagraph (A) or (C)
is spun off to another employer, the treatment under
subparagraph (A) or (C) of the spun-off plan shall
continue with respect to the other employer if such plan
continues to comply with the requirements of clauses
(ii) (if the original plan was still within the 3-year
period described in such clause at the time of the spin
off) and (iii) of subparagraph (A), as determined for
purposes of subparagraph (A) or (C), whichever is
applicable.
``(3) Definitions and special rule.--For purposes of this
subsection--
``(A) Make-whole contributions.--Except as otherwise
provided in paragraph (2)(C), the term `make-whole
contributions' means nonelective allocations for each
employee in the class which are reasonably calculated,
in a consistent manner, to replace some or all of the
retirement benefits which the employee would have
received under the defined benefit plan and any other
plan or qualified cash or deferred arrangement under
subsection (k)(2) if no change had been made to such
defined benefit plan and such other plan or arrangement.
For purposes of the preceding sentence, consistency
shall not be required with respect to employees who were
subject to different benefit formulas under the defined
benefit plan.
``(B) References to closed class of participants.--
References to a closed class of participants and similar
references to a closed class shall include arrangements
under which 1 or more classes of participants are
closed, except that 1 or more classes of participants
closed on different dates shall not be aggregated for
purposes of determining the date any such class was
closed.
``(C) Highly compensated employee.--The term `highly
compensated employee' has the meaning given such term in
section 414(q).''.
(b) Participation Requirements.--Paragraph (26) of section 401(a) of
the Internal Revenue Code of 1986 <<NOTE: 26 USC 401.>> is amended by
adding at the end the following new subparagraph:
``(I) Protected participants.--
``(i) In general.--A plan shall be deemed to
satisfy the requirements of subparagraph (A) if--
[[Page 133 STAT. 3173]]
``(I) the plan is amended--
``(aa) to cease all benefit
accruals, or
``(bb) to provide future
benefit accruals only to a
closed class of participants,
``(II) the plan satisfies
subparagraph (A) (without regard to this
subparagraph) as of the effective date
of the amendment, and
``(III) <<NOTE: Effective date.>>
the amendment was adopted before April
5, 2017, or the plan is described in
clause (ii).
``(ii) Plans described.--A plan is described
in this clause if the plan would be described in
subsection (o)(1)(C), as applied for purposes of
subsection (o)(1)(B)(iii)(IV) and by treating the
effective date of the amendment as the date the
class was closed for purposes of subsection
(o)(1)(C).
``(iii) Special rules.--For purposes of clause
(i)(II), in applying section 410(b)(6)(C), the
amendments described in clause (i) shall not be
treated as a significant change in coverage under
section 410(b)(6)(C)(i)(II).
``(iv) Spun-off plans.--For purposes of this
subparagraph, if a portion of a plan described in
clause (i) is spun off to another employer, the
treatment under clause (i) of the spun-off plan
shall continue with respect to the other
employer.''.
(c) <<NOTE: 26 USC 401 note.>> Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
the enactment of this Act, without regard to whether any plan
modifications referred to in such amendments are adopted or
effective before, on, or after such date of enactment.
(2) Special rules.--
(A) Election of earlier application.--At the
election of the plan sponsor, the amendments made by
this section shall apply to plan years beginning after
December 31, 2013.
(B) Closed classes of participants.--For purposes of
paragraphs (1)(A)(iii), (1)(B)(iii)(IV), and (2)(A)(iv)
of section 401(o) of the Internal Revenue Code of 1986
(as added by this section), a closed class of
participants shall be treated as being closed before
April 5, 2017, if the plan sponsor's intention to create
such closed class is reflected in formal written
documents and communicated to participants before such
date.
(C) Certain post-enactment plan amendments.--A plan
shall not be treated as failing to be eligible for the
application of section 401(o)(1)(A), 401(o)(1)(B)(iii),
or 401(a)(26) of such Code (as added by this section) to
such plan solely because in the case of--
(i) such section 401(o)(1)(A), the plan was
amended before the date of the enactment of this
Act to eliminate 1 or more benefits, rights, or
features, and is further amended after such date
of enactment to provide such previously eliminated
benefits, rights, or features to a closed class of
participants, or
(ii) such section 401(o)(1)(B)(iii) or section
401(a)(26), the plan was amended before the date
of
[[Page 133 STAT. 3174]]
the enactment of this Act to cease all benefit
accruals, and is further amended after such date
of enactment to provide benefit accruals to a
closed class of participants.
Any <<NOTE: Applicability.>> such section shall only
apply if the plan otherwise meets the requirements of
such section and in applying such section, the date the
class of participants is closed shall be the effective
date of the later amendment.
SEC. 206. MODIFICATION OF PBGC PREMIUMS FOR CSEC PLANS.
(a) Flat Rate Premium.--Subparagraph (A) of section 4006(a)(3) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)) is amended--
(1) in clause (i), by striking ``plan,'' and inserting
``plan other than a CSEC plan (as defined in section
210(f)(1))'';
(2) in clause (v), by striking ``or'' at the end;
(3) in clause (vi), by striking the period at the end and
inserting ``, or''; and
(4) by adding at the end the following new clause:
``(vii) in the case of a CSEC plan (as defined
in section 210(f)(1)), for plan years beginning
after December 31, 2018, for each individual who
is a participant in such plan during the plan year
an amount equal to the sum of--
``(I) the additional premium (if
any) determined under subparagraph (E),
and
``(II) $19.''.
(b) Variable Rate Premium.--
(1) Unfunded vested benefits.--
(A) In general.--Subparagraph (E) of section
4006(a)(3) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1306(a)(3)) is amended by adding
at the end the following new clause:
``(v) <<NOTE: Definition.>> For purposes of clause
(ii), in the case of a CSEC plan (as defined in section
210(f)(1)), the term `unfunded vested benefits' means,
for plan years beginning after December 31, 2018, the
excess (if any) of--
``(I) the funding liability of the plan as
determined under section 306(j)(5)(C) for the plan
year by only taking into account vested benefits,
over
``(II) the fair market value of plan assets
for the plan year which are held by the plan on
the valuation date.''.
(B) Conforming amendment.--Clause (iii) of section
4006(a)(3)(E) of such Act (29 U.S.C. 1306(a)(3)(E)) is
amended by striking ``For purposes'' and inserting
``Except as provided in clause (v), for purposes''.
(2) Applicable dollar amount.--
(A) In general.--Paragraph (8) of section 4006(a) of
such Act (29 U.S.C. 1306(a)) is amended by adding at the
end the following new subparagraph:
``(E) CSEC plans.--In the case of a CSEC plan (as
defined in section 210(f)(1)), the applicable dollar
amount shall be $9.''.
(B) Conforming amendment.--Subparagraph (A) of
section 4006(a)(8) of such Act (29 U.S.C. 1306(a)(8)) is
[[Page 133 STAT. 3175]]
amended by striking ``(B) and (C)'' and inserting ``(B),
(C), and (E)''.
TITLE III--OTHER BENEFITS
SEC. 301. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND
EMERGENCY MEDICAL RESPONDERS.
(a) Increase in Dollar Limitation on Qualified Payments.--
Subparagraph (B) of section 139B(c)(2) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 139B.>> is amended by striking ``$30'' and
inserting ``$50''.
(b) Extension.--Section 139B(d) of the Internal Revenue Code of 1986
is amended by striking ``beginning after December 31, 2010.'' and
inserting ``beginning--
``(1) after December 31, 2010, and before January 1, 2020,
or
``(2) after December 31, 2020.''.
(c) Technical Correction.--Section 3121(a)(23) of such Code is
amended by striking ``139B(b)'' and inserting ``section 139B(a)''.
(d) <<NOTE: 26 USC 139B note.>> Effective Date.--The amendments
made by this section shall apply to taxable years beginning after
December 31, 2019.
SEC. 302. EXPANSION OF SECTION 529 PLANS.
(a) Distributions for Certain Expenses Associated With Registered
Apprenticeship Programs.--Section 529(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(8) Treatment of certain expenses associated with
registered apprenticeship programs.--Any reference in this
subsection to the term `qualified higher education expense'
shall include a reference to expenses for fees, books, supplies,
and equipment required for the participation of a designated
beneficiary in an apprenticeship program registered and
certified with the Secretary of Labor under section 1 of the
National Apprenticeship Act (29 U.S.C. 50).''.
(b) Distributions for Qualified Education Loan Repayments.--
(1) In general.--Section 529(c) of such Code, as amended by
subsection (a), is amended by adding at the end the following
new paragraph:
``(9) Treatment of qualified education loan repayments.--
``(A) In general.--Any reference in this subsection
to the term `qualified higher education expense' shall
include a reference to amounts paid as principal or
interest on any qualified education loan (as defined in
section 221(d)) of the designated beneficiary or a
sibling of the designated beneficiary.
``(B) Limitation.--The amount of distributions
treated as a qualified higher education expense under
this paragraph with respect to the loans of any
individual shall not exceed $10,000 (reduced by the
amount of distributions so treated for all prior taxable
years).
``(C) Special rules for siblings of the designated
beneficiary.--
[[Page 133 STAT. 3176]]
``(i) Separate accounting.--For purposes of
subparagraph (B) and subsection (d), amounts
treated as a qualified higher education expense
with respect to the loans of a sibling of the
designated beneficiary shall be taken into account
with respect to such sibling and not with respect
to such designated beneficiary.
``(ii) Sibling defined.--For purposes of this
paragraph, the term `sibling' means an individual
who bears a relationship to the designated
beneficiary which is described in section
152(d)(2)(B).''.
(2) Coordination with deduction for student loan interest.--
Section 221(e)(1) of such Code <<NOTE: 26 USC 221.>> is amended
by adding at the end the following: ``The deduction otherwise
allowable under subsection (a) (prior to the application of
subsection (b)) to the taxpayer for any taxable year shall be
reduced (but not below zero) by so much of the distributions
treated as a qualified higher education expense under section
529(c)(9) with respect to loans of the taxpayer as would be
includible in gross income under section 529(c)(3)(A) for such
taxable year but for such treatment.''.
(c) <<NOTE: 26 USC 221 note.>> Effective Date.--The amendments made
by this section shall apply to distributions made after December 31,
2018.
TITLE IV--REVENUE PROVISIONS
SEC. 401. MODIFICATION OF REQUIRED DISTRIBUTION RULES FOR
DESIGNATED BENEFICIARIES.
(a) Modification of Rules Where Employee Dies Before Entire
Distribution.--
(1) In general.--Section 401(a)(9) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(H) <<NOTE: Applicability.>> Special rules for
certain defined contribution plans.--In the case of a
defined contribution plan, if an employee dies before
the distribution of the employee's entire interest--
``(i) In general.--Except in the case of a
beneficiary who is not a designated beneficiary,
subparagraph (B)(ii)--
``(I) shall be applied by
substituting `10 years' for `5 years',
and
``(II) shall apply whether or not
distributions of the employee's
interests have begun in accordance with
subparagraph (A).
``(ii) Exception for eligible designated
beneficiaries.--Subparagraph (B)(iii) shall apply
only in the case of an eligible designated
beneficiary.
``(iii) Rules upon death of eligible
designated beneficiary.-- <<NOTE: Time
period.>> If an eligible designated beneficiary
dies before the portion of the employee's interest
to which this subparagraph applies is entirely
distributed, the exception under clause (ii) shall
not apply to any beneficiary of such eligible
designated beneficiary and the remainder of such
portion shall be distributed within 10 years after
the death of such eligible designated beneficiary.
[[Page 133 STAT. 3177]]
``(iv) Special rule in case of certain trusts
for disabled or chronically ill beneficiaries.--In
the <<NOTE: Applicability.>> case of an applicable
multi-beneficiary trust, if under the terms of the
trust--
``(I) it is to be divided
immediately upon the death of the
employee into separate trusts for each
beneficiary, or
``(II) no individual (other than a
eligible designated beneficiary
described in subclause (III) or (IV) of
subparagraph (E)(ii)) has any right to
the employee's interest in the plan
until the death of all such eligible
designated beneficiaries with respect to
the trust,
for purposes of a trust described in subclause
(I), clause (ii) shall be applied separately with
respect to the portion of the employee's interest
that is payable to any eligible designated
beneficiary described in subclause (III) or (IV)
of subparagraph (E)(ii); and, for purposes of a
trust described in subclause (II), subparagraph
(B)(iii) shall apply to the distribution of the
employee's interest and any beneficiary who is not
such an eligible designated beneficiary shall be
treated as a beneficiary of the eligible
designated beneficiary upon the death of such
eligible designated beneficiary.
``(v) <<NOTE: Definition.>> Applicable multi-
beneficiary trust.--For purposes of this
subparagraph, the term `applicable multi-
beneficiary trust' means a trust--
``(I) which has more than one
beneficiary,
``(II) all of the beneficiaries of
which are treated as designated
beneficiaries for purposes of
determining the distribution period
pursuant to this paragraph, and
``(III) at least one of the
beneficiaries of which is an eligible
designated beneficiary described in
subclause (III) or (IV) of subparagraph
(E)(ii).
``(vi) Application to certain eligible
retirement plans.--For purposes of applying the
provisions of this subparagraph in determining
amounts required to be distributed pursuant to
this paragraph, all eligible retirement plans (as
defined in section 402(c)(8)(B), other than a
defined benefit plan described in clause (iv) or
(v) thereof or a qualified trust which is a part
of a defined benefit plan) shall be treated as a
defined contribution plan.''.
(2) Definition of eligible designated beneficiary.--Section
401(a)(9)(E) of such Code <<NOTE: 26 USC 401.>> is amended to
read as follows:
``(E) Definitions and rules relating to designated
beneficiaries.--For purposes of this paragraph--
``(i) Designated beneficiary.--The term
`designated beneficiary' means any individual
designated as a beneficiary by the employee.
``(ii) Eligible designated beneficiary.--The
term `eligible designated beneficiary' means, with
respect to any employee, any designated
beneficiary who is--
``(I) the surviving spouse of the
employee,
[[Page 133 STAT. 3178]]
``(II) subject to clause (iii), a
child of the employee who has not
reached majority (within the meaning of
subparagraph (F)),
``(III) disabled (within the meaning
of section 72(m)(7)),
``(IV) a chronically ill individual
(within the meaning of section
7702B(c)(2), except that the
requirements of subparagraph (A)(i)
thereof shall only be treated as met if
there is a certification that, as of
such date, the period of inability
described in such subparagraph with
respect to the individual is an
indefinite one which is reasonably
expected to be lengthy in nature), or
``(V) an individual not described in
any of the preceding subclauses who is
not more than 10 years younger than the
employee.
The determination of whether a designated
beneficiary is an eligible designated beneficiary
shall be made as of the date of death of the
employee.
``(iii) Special rule for children.--Subject to
subparagraph (F), an individual described in
clause (ii)(II) shall cease to be an eligible
designated beneficiary as of the date the
individual reaches majority and any remainder of
the portion of the individual's interest to which
subparagraph (H)(ii) applies shall be distributed
within 10 years after such date.''.
(b) <<NOTE: Applicability. 26 USC 401 note.>> Effective Dates.--
(1) In general.--Except as provided in this subsection, the
amendments made by this section shall apply to distributions
with respect to employees who die after December 31, 2019.
(2) Collective bargaining exception.--In the case of a plan
maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or more
employers ratified before the date of enactment of this Act, the
amendments made by this section shall apply to distributions
with respect to employees who die in calendar years beginning
after the earlier of--
(A) the later of--
(i) the date on which the last of such
collective bargaining agreements terminates
(determined without regard to any extension
thereof agreed to on or after the date of the
enactment of this Act), or
(ii) December 31, 2019, or
(B) December 31, 2021.
For purposes of subparagraph (A)(i), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by this section shall not be treated as a termination of
such collective bargaining agreement.
(3) Governmental plans.--In the case of a governmental plan
(as defined in section 414(d) of the Internal Revenue Code of
1986), paragraph (1) shall be applied by substituting ``December
31, 2021'' for ``December 31, 2019''.
(4) Exception for certain existing annuity contracts.--
[[Page 133 STAT. 3179]]
(A) In general.--The amendments made by this section
shall not apply to a qualified annuity which is a
binding annuity contract in effect on the date of
enactment of this Act and at all times thereafter.
(B) <<NOTE: Definition.>> Qualified annuity.--For
purposes of this paragraph, the term ``qualified
annuity'' means, with respect to an employee, an
annuity--
(i) which is a commercial annuity (as defined
in section 3405(e)(6) of the Internal Revenue Code
of 1986);
(ii) under which the annuity payments are made
over the life of the employee or over the joint
lives of such employee and a designated
beneficiary (or over a period not extending beyond
the life expectancy of such employee or the joint
life expectancy of such employee and a designated
beneficiary) in accordance with the regulations
described in section 401(a)(9)(A)(ii) of such Code
(as in effect before such amendments) and which
meets the other requirements of section 401(a)(9)
of such Code (as so in effect) with respect to
such payments; and
(iii) with respect to which--
(I) annuity payments to the employee
have begun before the date of enactment
of this Act, and the employee has made
an irrevocable election before such date
as to the method and amount of the
annuity payments to the employee or any
designated beneficiaries; or
(II) if subclause (I) does not
apply, the employee has made an
irrevocable election before the date of
enactment of this Act as to the method
and amount of the annuity payments to
the employee or any designated
beneficiaries.
(5) Exception for certain beneficiaries.--
(A) In general.--If an employee dies before the
effective date, then, in applying the amendments made by
this section to such employee's designated beneficiary
who dies after such date--
(i) such amendments shall apply to any
beneficiary of such designated beneficiary; and
(ii) the designated beneficiary shall be
treated as an eligible designated beneficiary for
purposes of applying section 401(a)(9)(H)(ii) of
the Internal Revenue Code of 1986 (as in effect
after such amendments).
(B) <<NOTE: Definition.>> Effective date.--For
purposes of this paragraph, the term ``effective date''
means the first day of the first calendar year to which
the amendments made by this section apply to a plan with
respect to employees dying on or after such date.
SEC. 402. INCREASE IN PENALTY FOR FAILURE TO FILE.
(a) In General.--The second sentence of subsection (a) of section
6651 of the Internal Revenue Code of 1986 <<NOTE: 26 USC 6651.>> is
amended by striking ``$330'' and inserting ``$435''.
(b) Inflation Adjustment.--Section 6651(j)(1) of such Code is
amended by striking ``$330'' and inserting ``$435''.
[[Page 133 STAT. 3180]]
(c) <<NOTE: 26 USC 6651 note.>> Effective Date.--The amendments
made by this section shall apply to returns the due date for which
(including extensions) is after December 31, 2019.
SEC. 403. INCREASED PENALTIES FOR FAILURE TO FILE RETIREMENT PLAN
RETURNS.
(a) In General.--Subsection (e) of section 6652 of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 6652.>> is amended--
(1) by striking ``$25'' and inserting ``$250''; and
(2) by striking ``$15,000'' and inserting ``$150,000''.
(b) Annual Registration Statement and Notification of Changes.--
Subsection (d) of section 6652 of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``$1'' both places it appears in paragraphs
(1) and (2) and inserting ``$10'';
(2) by striking ``$5,000'' in paragraph (1) and inserting
``$50,000''; and
(3) by striking ``$1,000'' in paragraph (2) and inserting
``$10,000''.
(c) Failure To Provide Notice.--Subsection (h) of section 6652 of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``$10'' and inserting ``$100''; and
(2) by striking ``$5,000'' and inserting ``$50,000''.
(d) <<NOTE: 26 USC 6652 note.>> Effective Date.--The amendments
made by this section shall apply to returns, statements, and
notifications required to be filed, and notices required to be provided,
after December 31, 2019.
SEC. 404. INCREASE INFORMATION SHARING TO ADMINISTER EXCISE TAXES.
(a) In General.--Section 6103(o) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(3) Taxes imposed by section 4481.--Returns and return
information with respect to taxes imposed by section 4481 shall
be open to inspection by or disclosure to officers and employees
of United States Customs and Border Protection of the Department
of Homeland Security whose official duties require such
inspection or disclosure for purposes of administering such
section.''.
(b) Conforming Amendments.--Paragraph (4) of section 6103(p) of the
Internal Revenue Code of 1986 is amended by striking ``or (o)(1)(A)''
each place it appears and inserting ``, (o)(1)(A), or (o)(3)''.
TITLE V--TAX RELIEF FOR CERTAIN CHILDREN
SEC. 501. MODIFICATION OF RULES RELATING TO THE TAXATION OF
UNEARNED INCOME OF CERTAIN CHILDREN.
(a) In General.--Section 1(j) of the Internal Revenue Code of 1986
is amended by striking paragraph (4).
(b) Coordination With Alternative Minimum Tax.--Section 55(d)(4)(A)
of the Internal Revenue Code of 1986 is amended by striking ``and'' at
the end of clause (i)(II), by striking the period
[[Page 133 STAT. 3181]]
at the end of clause (ii)(III) and inserting ``, and'', and by adding at
the end the following new clause:
``(iii) subsection (j) of section 59 shall not
apply.''.
(c) <<NOTE: Applicability. 26 USC 1 note.>> Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendment made by subsection (a) shall apply to
taxable years beginning after December 31, 2019.
(2) Coordination with alternative minimum tax.--The
amendment made by subsection (b) shall apply to taxable years
beginning after December 31, 2017.
(3) Elective retroactive application.--A taxpayer may elect
(at such time and in such manner as the Secretary of the
Treasury (or the Secretary's designee) may provide) for the
amendment made by subsection (a) to also apply to taxable years
of the taxpayer which begin in 2018, 2019, or both (as specified
by the taxpayer in such election).
TITLE VI--ADMINISTRATIVE PROVISIONS
SEC. 601. <<NOTE: 26 USC 414 note.>> PROVISIONS RELATING TO PLAN
AMENDMENTS.
(a) In General.--If this section applies to any retirement plan or
contract amendment--
(1) such retirement plan or contract shall be treated as
being operated in accordance with the terms of the plan during
the period described in subsection (b)(2)(A); and
(2) except as provided by the Secretary of the Treasury (or
the Secretary's delegate), such retirement plan shall not fail
to meet the requirements of section 411(d)(6) of the Internal
Revenue Code of 1986 and section 204(g) of the Employee
Retirement Income Security Act of 1974 by reason of such
amendment.
(b) Amendments to Which Section Applies.--
(1) In general.--This section shall apply to any amendment
to any retirement plan or annuity contract which is made--
(A) pursuant to any amendment made by this Act or
pursuant to any regulation issued by the Secretary of
the Treasury or the Secretary of Labor (or a delegate of
either such Secretary) under this Act; and
(B) <<NOTE: Effective date.>> on or before the last
day of the first plan year beginning on or after January
1, 2022, or such later date as the Secretary of the
Treasury may prescribe.
In the case of a governmental plan (as defined in section 414(d)
of the Internal Revenue Code of 1986), or an applicable
collectively bargained plan in the case of section 401 (and the
amendments made thereby), this paragraph shall be applied by
substituting ``2024'' for ``2022''. <<NOTE: Definition.>> For
purposes of the preceding sentence, the term ``applicable
collectively bargained plan'' means a plan maintained pursuant
to 1 or more collective bargaining agreements between employee
representatives and 1 or more employers ratified before the date
of enactment of this Act.
(2) Conditions.--This section shall not apply to any
amendment unless--
(A) <<NOTE: Time period.>> during the period--
[[Page 133 STAT. 3182]]
(i) beginning on the date the legislative or
regulatory amendment described in paragraph (1)(A)
takes effect (or in the case of a plan or contract
amendment not required by such legislative or
regulatory amendment, the effective date specified
by the plan); and
(ii) ending on the date described in paragraph
(1)(B) (as modified by the second sentence of
paragraph (1)) (or, if earlier, the date the plan
or contract amendment is adopted),
the plan or contract is operated as if such plan or
contract amendment were in effect; and
(B) such plan or contract amendment applies
retroactively for such period.
DIVISION P--OTHER MATTER
TITLE I-- <<NOTE: Platte River Recovery Implementation Program Extension
Act.>> PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Platte River Recovery
Implementation Program Extension Act''.
SEC. 102. PURPOSE.
The purpose of this Act is to authorize the Secretary of the
Interior, acting through the Commissioner of Reclamation and in
partnership with the States, other Federal agencies, and other non-
Federal entities, to continue the cooperative effort among the Federal
and non-Federal entities through the continued implementation of the
Platte River Recovery Implementation Program First Increment Extension
for threatened and endangered species in the Central and Lower Platte
River Basin without creating Federal water rights or requiring the grant
of water rights to Federal entities.
SEC. 103. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the Platte
River Recovery Implementation Program Cooperative Agreement
entered into by the Governors of the States and the Secretary,
including an amendment or addendum to the Agreement to extend
the Program.
(2) First increment.--The term ``First Increment'' means the
Program's first 13 years from January 1, 2007 through December
31, 2019.
(3) First increment extension.--The term ``First Increment
Extension'' means the extension of the Program for 13 years from
January 1, 2020 through December 31, 2032.
(4) Governance committee.--The term ``Governance Committee''
means the governance committee established under the Agreement
and composed of members from the States, the Federal Government,
environmental interests, and water users.
(5) Interest in land or water.--The term ``interest in land
or water'' includes fee title, short- or long-term easement,
lease, or other contractual arrangement that is determined
[[Page 133 STAT. 3183]]
to be necessary by the Secretary to implement the land and water
components of the Program.
(6) Program.--The term ``Program'' means the Platte River
Recovery Implementation Program established under the Agreement
and continued under an amendment or addendum to the Agreement.
(7) Project or activity.--The term ``project or activity''
means--
(A) the planning, design, permitting, or other
compliance activity, construction, construction
management, operation, maintenance, and replacement of a
facility;
(B) the acquisition of an interest in land or water;
(C) habitat restoration;
(D) research and monitoring;
(E) program administration; and
(F) any other activity that is determined to be
necessary by the Secretary to carry out the Program.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of Reclamation.
(9) States.--The term ``States'' means the States of
Colorado, Nebraska, and Wyoming.
SEC. 104. PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM.
(a) <<NOTE: Cooperation.>> Implementation of Program.--
(1) In general.--The Secretary, in cooperation with the
Governance Committee, may--
(A) participate in the Program; and
(B) carry out any projects and activities that are
designated for implementation during the First Increment
Extension.
(2) Authority of the secretary.--For the purposes of
carrying out this section, the Secretary, in cooperation with
the Governance Committee, may--
(A) enter into agreements and contracts with Federal
and non-Federal entities;
(B) acquire interests in land, water, and facilities
from willing sellers without the use of eminent domain;
(C) subsequently transfer any interests acquired
under subparagraph (B); and
(D) accept or provide grants.
(b) Cost-Sharing Contributions.--
(1) In general.--As provided in the Agreement, the States
shall contribute not less than 50 percent of the total
contributions necessary to carry out the Program.
(2) Non-federal contributions.--The following contributions
shall constitute the States' share of the Program:
(A) An additional $28,000,000 in non-Federal funds,
with the balance of funds remaining to be contributed to
be adjusted for inflation on October 1 of the year after
the date of enactment of this Act and each October 1
thereafter.
(B) Additional credit for contributions of water or
land for the purposes of implementing the Program, as
determined to be appropriate by the Secretary.
(3) In-kind contributions.--The Secretary or the States may
elect to provide a portion of the Federal share or non-
[[Page 133 STAT. 3184]]
Federal share, respectively, in the form of in-kind goods or
services, if the contribution of goods or services is approved
by the Governance Committee, as provided in Attachment 1 of the
Agreement.
(c) <<NOTE: Determination.>> Authority To Modify Program.--The
Program may be modified or amended before the completion of the First
Increment Extension if the Secretary and the States determine that the
modifications are consistent with the purposes of the Program.
(d) Effect.--
(1) Effect on reclamation laws.--No action carried out under
this section shall, with respect to the acreage limitation
provisions of the reclamation laws--
(A) be considered in determining whether a district
(as the term is defined in section 202 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390bb)) has
discharged the obligation of the district to repay the
construction cost of project facilities used to make
irrigation water available for delivery to land in the
district;
(B) serve as the basis for reinstating acreage
limitation provisions in a district that has completed
payment of the construction obligations of the district;
or
(C) serve as the basis for increasing the
construction repayment obligation of the district, which
would extend the period during which the acreage
limitation provisions would apply.
(2) Effect on water rights.--Nothing in this section--
(A) creates Federal water rights; or
(B) requires the grant of water rights to Federal
entities.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out projects and activities under this section an
additional $78,000,000 as adjusted under paragraph (3).
(2) Nonreimbursable federal expenditures.--Any amounts to be
expended under paragraph (1) shall be considered nonreimbursable
Federal expenditures.
(3) Adjustment.--The balance of funds remaining to be
expended shall be adjusted for inflation on October 1 of the
year after the date of enactment of this Act and each October 1
thereafter.
(4) Availability of funds.--At the end of each fiscal year,
any unexpended funds for projects and activities made available
under paragraph (1) shall be retained for use in future fiscal
years to implement projects and activities under the Program.
Any unexpended funds appropriated during the First Increment
shall be retained and carried over from the First Increment into
the First Increment Extension.
(f) Termination of Authority.--The authority for the Secretary to
implement the First Increment Extension shall terminate on September 30,
2033.
TITLE II-- <<NOTE: Fish and fishing. Canada.>> GREAT LAKES
SEC. 201. <<NOTE: 16 USC 941h.>> GREAT LAKES MONITORING,
ASSESSMENT, SCIENCE, AND RESEARCH.
(a) Definitions.--In this section:
[[Page 133 STAT. 3185]]
(1) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(2) Great lakes basin.--The term ``Great Lakes Basin'' means
the air, land, water, and living organisms in the United States
within the drainage basin of the Saint Lawrence River at and
upstream from the point at which such river and the Great Lakes
become the international boundary between Canada and the United
States.
(b) Findings.--Congress finds the following:
(1) The Great Lakes support a diverse ecosystem, on which
the vibrant and economically valuable Great Lakes fisheries
depend.
(2) To continue successful fisheries management and
coordination, as has occurred since signing of the Convention on
Great Lakes Fisheries between the United States and Canada on
September 10, 1954, management of the ecosystem and its
fisheries require sound, reliable science, and the use of modern
scientific technologies.
(3) Fisheries research is necessary to support multi-
jurisdictional fishery management decisions and actions
regarding recreational and sport fishing, commercial fisheries,
tribal harvest, allocation decisions, and fish stocking
activities.
(4) President Richard Nixon submitted, and the Congress
approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring
science activities and management of marine fisheries to the
National Oceanic and Atmospheric Administration.
(5) Reorganization Plan No. 4 expressly excluded fishery
research activities within the Great Lakes from the transfer,
retaining management and scientific research duties within the
already-established jurisdictions under the 1954 Convention on
Great Lakes Fisheries, including those of the Great Lakes
Fishery Commission and the Department of the Interior.
(c) Monitoring, Assessment, Science, and Research.--
(1) In general.--The Director may conduct monitoring,
assessment, science, and research, in support of the binational
fisheries within the Great Lakes Basin.
(2) Specific authorities.--The Director shall, under
paragraph (1)--
(A) execute a comprehensive, multi-lake, freshwater
fisheries science program;
(B) <<NOTE: Coordination.>> coordinate with and
work cooperatively with regional, State, tribal, and
local governments; and
(C) <<NOTE: Consultation.>> consult with other
interested entities groups, including academia and
relevant Canadian agencies.
(3) Included research.--To properly serve the needs of
fisheries managers, monitoring, assessment, science, and
research under this section may include--
(A) deepwater ecosystem sciences;
(B) biological and food-web components;
(C) fish movement and behavior investigations;
(D) fish population structures;
(E) fish habitat investigations;
(F) invasive species science;
(G) use of existing, new, and experimental
biological assessment tools, equipment, vessels, other
scientific instrumentation and laboratory capabilities
necessary to support fishery management decisions; and
[[Page 133 STAT. 3186]]
(H) studies to assess impacts on Great Lakes Fishery
resources.
(4) Savings clause.--Nothing in this section is intended or
shall be construed to impede, supersede, or alter the authority
of the Great Lakes Fishery Commission, States, and Indian tribes
under the Convention on Great Lakes Fisheries between the United
States of America and Canada on September 10, 1954, and the
Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).
(d) Authorization of Appropriations.--For each of fiscal years 2021
through 2025, there is authorized to be appropriated $15,000,000 to
carry out this section.
TITLE III--MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION
SEC. 301. <<NOTE: 20 USC 5601 note.>> FINDINGS.
Congress finds the following:
(1) Since 1999, the Morris K. Udall and Stewart L. Udall
Foundation (referred to in this Act as the ``Foundation'') has
operated the Parks in Focus program to provide opportunities for
the youth of the United States to learn about and experience the
Nation's parks and wilderness, and other outdoor areas.
(2) Since 2001, the Foundation has conducted research and
provided education and training to Native American and Alaska
Native professionals and leaders on Native American and Alaska
Native health care issues and tribal public policy through the
Native Nations Institute for Leadership, Management, and Policy.
(3) The Foundation is committed to continuing to make a
substantial contribution toward public policy in the future by--
(A) playing a significant role in developing the
next generation of environmental, public health, public
lands, natural resource, and Native American leaders;
and
(B) working with current leaders to improve
collaboration and decision-making on challenging
environmental, energy, public health, and related
economic problems and tribal governance and economic
development issues.
SEC. 302. DEFINITIONS.
(a) In General.--Section 4 of the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5602) is amended--
(1) in paragraph (2), by striking ``the Udall Center for
Studies in Public Policy established at the University of
Arizona in 1987'' and inserting ``the Udall Center for Studies
in Public Policy established in 1987 at the University of
Arizona, and includes the Native Nations Institute'';
(2) by striking paragraph (6);
(3) by redesignating paragraphs (3) through (5), (8), and
(9) as paragraphs (4) through (6), (11), and (12), respectively;
(4) by inserting after paragraph (2) the following:
``(3) the term `collaboration' means to work in partnership
with other entities for the purpose of--
``(A) resolving disputes;
[[Page 133 STAT. 3187]]
``(B) addressing issues that may cause or result in
disputes; or
``(C) streamlining and enhancing Federal, State, or
tribal environmental and natural resource decision-
making processes or procedures that may result in a
dispute or conflict;'';
(5) in paragraph (7), by striking ``section 1201(a)'' and
inserting ``section 101(a)'';
(6) by inserting after paragraph (7) the following:
``(8) the term `National Center' means the John S. McCain
III National Center for Environmental Conflict Resolution
established pursuant to section 7(a)(1)(B);''; and
(7) by inserting after paragraph (8), as added by paragraph
(6), the following:
``(9) the term `Nation's parks and wilderness' means units
of the National Park System and components of the National
Wilderness Preservation System;
``(10) the term `Native Nations Institute' means the Native
Nations Institute for Leadership, Management, and Policy
established at the University of Arizona in 2001;''.
(b) Conforming Amendment.--Section 3(5)(B) of the Morris K. Udall
and Stewart L. Udall Foundation Act (20 U.S.C. 5601(5)(B)) is amended by
striking ``the United States Institute for Environmental Conflict
Resolution'' and inserting ``the National Center (previously known as
the United States Institute for Environmental Conflict Resolution)''.
(c) <<NOTE: 20 USC 5605 note.>> References to United States
Institute for Environmental Conflict Resolution.--Any reference to the
United States Institute for Environmental Conflict Resolution in any
Federal law, Executive Order, rule, delegation of authority, or document
shall be construed to refer to the John S. McCain III National Center
for Environmental Conflict Resolution established under section
7(a)(1)(B) of the Morris K. Udall and Stewart L. Udall Foundation Act
(20 U.S.C. 5605(a)(1)(B)).
SEC. 303. ESTABLISHMENT OF MORRIS K. UDALL AND STEWART L. UDALL
FOUNDATION.
Section 5(e) of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5603(e)) is amended by striking ``Arizona.'' and
inserting ``Arizona and the District of Columbia.''.
SEC. 304. PURPOSE OF THE FOUNDATION.
Section 6 of the Morris K. Udall and Stewart L. Udall Foundation Act
(20 U.S.C. 5604) is amended--
(1) in paragraph (4), by striking ``establish a Program for
Environmental Policy Research and Environmental Conflict
Resolution and Training at the Center'' and inserting
``establish a program for environmental policy research at the
Center and a program for environmental conflict resolution and
training at the National Center'';
(2) in paragraph (5), by inserting ``, natural resource,
conflict resolution,'' after ``environmental'';
(3) in paragraph (7)--
(A) by inserting ``at the Native Nations Institute''
after ``develop resources''; and
(B) by inserting ``providing education to and''
after ``policy, by''; and
(4) in paragraph (8)--
[[Page 133 STAT. 3188]]
(A) by striking ``United States Institute for
Environmental Conflict Resolution'' and inserting ``John
S. McCain III National Center for Environmental Conflict
Resolution''; and
(B) by striking ``resolve environmental'' and
inserting ``resolve environmental issues, conflicts,
and''.
SEC. 305. AUTHORITY OF THE FOUNDATION.
Section 7 of the Morris K. Udall and Stewart L. Udall Foundation Act
(20 U.S.C. 5605) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A) through (C)
and inserting the following:
``(A) General programming authority.--The Foundation
is authorized to identify and conduct, directly or by
contract, such programs, activities, and services as the
Foundation considers appropriate to carry out the
purposes described in section 6, which may include--
``(i) awarding scholarships, fellowships,
internships, and grants, by national competition,
to eligible individuals, as determined by the
Foundation and in accordance with paragraphs (2),
(3), and (4), for study in fields related to the
environment or Native American and Alaska Native
health care and tribal policy;
``(ii) funding the Center to carry out and
manage other programs, activities, and services;
and
``(iii) other education programs that the
Board determines are consistent with the purposes
for which the Foundation is established.'';
(ii) by redesignating subparagraph (D) as
subparagraph (B); and
(iii) in subparagraph (B), as redesignated--
(I) in the subparagraph heading, by
striking ``Institute for Environmental
Conflict Resolution'' and inserting
``John s. mccain iii national center for
environmental conflict resolution'';
(II) in clause (i)--
(aa) in subclause (I), by
striking ``United States
Institute for Environmental
Conflict Resolution'' and
inserting ``John S. McCain III
National Center for
Environmental Conflict
Resolution''; and
(bb) in subclause (II)--
(AA) by inserting
``collaboration,'' after
``mediation,''; and
(BB) by striking ``to
resolve environmental
disputes.'' and inserting
the following: ``to
resolve--
``(aa) environmental
disputes; and
``(bb) Federal, State, or
tribal environmental or natural
resource decision-making
processes or procedures that may
result in a dispute or conflict
that may cause or result in
disputes.''; and
[[Page 133 STAT. 3189]]
(III) in clause (ii), by inserting
``collaboration,'' after ``mediation,'';
(B) by striking paragraph (5);
(C) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively;
(D) by inserting after paragraph (4) the following:
``(5) Parks in focus.--The Foundation shall--
``(A) identify and invite the participation of youth
throughout the United States to enjoy the Nation's parks
and wilderness and other outdoor areas, in an education
program intended to carry out the purpose of paragraphs
(1) and (2) of section 6; and
``(B) provide training and education programs and
activities to teach Federal employees, natural resource
professionals, elementary and secondary school
educators, and others to work with youth to promote the
use and enjoyment of the Nation's parks and wilderness
and other outdoor areas.
``(6) Specific programs.--The Foundation shall assist in the
development and implementation of programs at the Center--
``(A) to provide for an annual meeting of experts to
discuss contemporary environmental issues;
``(B) to conduct environmental policy research; and
``(C) to promote dialogue with visiting policymakers
on environmental, natural resource, and public lands
issues.'';
(E) in paragraph (7), as redesignated by
subparagraph (C), by striking ``Morris K. Udall's
papers'' and inserting ``the papers of Morris K. Udall
and Stewart L. Udall''; and
(F) by adding at the end the following:
``(9) Native nations institute.--The Foundation shall
provide direct or indirect assistance to the Native Nations
Institute from the annual appropriations to the Trust Fund in
such amounts as Congress may direct to conduct research and
provide education and training to Native American and Alaska
Native professionals and leaders on Native American and Alaska
Native health care issues and tribal public policy issues as
provided in section 6(7).'';
(2) by striking subsection (c) and inserting the following:
``(c) Program Priorities.--
``(1) <<NOTE: Determination.>> In general.--The Foundation
shall determine the priority of the programs to be carried out
under this Act and the amount of funds to be allocated for such
programs from the funds earned annually from the interest
derived from the investment of the Trust Fund, subject to
paragraph (2).
``(2) Limitations.--In determining the amount of funds to be
allocated for programs carried out under this Act for a year--
``(A) not less than 50 percent of such annual
interest earnings shall be utilized for the programs set
forth in paragraphs (2), (3), (4), and (5) of subsection
(a);
``(B) not more than 17.5 percent of such annual
interest earnings shall be allocated for salaries and
other administrative purposes; and
[[Page 133 STAT. 3190]]
``(C) not less than 20 percent of such annual
interest earnings shall be appropriated to the Center
for activities under paragraphs (7) and (8) of
subsection (a).''; and
(3) by adding at the end the following:
``(d) Donations.--Any funds received by the Foundation in the form
of donations or grants, as well as any unexpended earnings on interest
from the Trust Fund that is carried forward from prior years--
``(1) shall not be included in the calculation of the funds
available for allocations pursuant to subsection (c); and
``(2) shall be available to carry out the provisions of this
Act as the Board determines to be necessary and appropriate.''.
SEC. 306. ENVIRONMENTAL DISPUTE RESOLUTION FUND.
Section 10(b) of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5607a(b)) is amended by striking ``Institute'' and
inserting ``National Center''.
SEC. 307. USE OF THE NATIONAL CENTER BY A FEDERAL AGENCY OR OTHER
ENTITY.
Section 11 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5607b) is amended--
(1) in the section heading, by striking
``<SUP>the institute</SUP>'' and inserting
``<SUP>the national center</SUP>'';
(2) in subsection (a)--
(A) by striking ``Institute'' and inserting
``National Center'';
(B) by inserting ``collaboration,'' after
``mediation,''; and
(C) by striking ``resources.'' and inserting
``resources, or with a Federal, State, or tribal process
or procedure that may result in a dispute or
conflict.'';
(3) in subsection (b)(1), by striking ``Institute'' and
inserting ``National Center'';
(4) in subsection (c)--
(A) in paragraph (1), by striking ``Institute'' and
inserting ``National Center'';
(B) in paragraph (2)(C), by inserting ``mediation,
collaboration, and'' after ``agree to''; and
(C) in paragraph (3)(A), by striking ``Institute''
and inserting ``National Center'';
(5) in each of paragraphs (1)(A) and (2) of subsection (d),
by striking ``Institute'' and inserting ``National Center'';
(6) in each of paragraphs (1) and (2) of subsection (e), by
striking ``Institute'' and inserting ``National Center''; and
(7) in subsection (f), by striking ``Institute'' and
inserting ``National Center''.
SEC. 308. ADMINISTRATIVE PROVISIONS.
Section 12 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5608) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``accept, hold,
administer, and utilize gifts'' and inserting ``accept,
hold, solicit, administer, and utilize donations,
grants, and gifts''; and
(B) in paragraph (7), by striking ``in the District
of Columbia or its environs'' and inserting ``in the
District of Columbia and Tucson, Arizona, or their
environs''; and
[[Page 133 STAT. 3191]]
(2) in subsection (b), by striking ``, with the exception of
paragraph (4), apply to the Institute'' and inserting ``apply to
the National Center''.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5609) is amended--
(1) in subsection (a), by striking ``$40,000,000'' and
inserting ``$2,000,000 for each of fiscal years 2020 through
2023''; and
(2) in subsection (b), by striking ``fiscal years 2004
through 2008'' and inserting ``fiscal years 2020 through 2023''.
SEC. 310. <<NOTE: Deadline.>> AUDIT OF THE FOUNDATION.
Not later than 2 years after the date of enactment of this Act, the
Inspector General of the Department of the Interior shall conduct an
audit of the Morris K. Udall and Stewart L. Udall Foundation.
TITLE IV-- <<NOTE: White Horse Hill National Game Preserve Designation
Act.>> WHITE HORSE HILL NATIONAL GAME PRESERVE
SEC. 401. <<NOTE: 16 USC 674 note.>> SHORT TITLE.
This title may be cited as the ``White Horse Hill National Game
Preserve Designation Act''.
SEC. 402. DESIGNATION OF WHITE HORSE HILL NATIONAL GAME PRESERVE,
NORTH DAKOTA.
(a) Redesignation.--The first section of the Act of March 3, 1931
(46 Stat. 1509, chapter 439; 16 U.S.C. 674a), is amended by striking
``Sullys Hill National Game Preserve'' and inserting ``White Horse Hill
National Game Preserve''.
(b) Conforming Amendment.--Section 2 of the Act of March 3, 1931 (46
Stat. 1509, chapter 439; 16 U.S.C. 674b), is amended by striking
``Sullys Hill National Game Preserve'' and inserting ``White Horse Hill
National Game Preserve''.
(c) <<NOTE: 16 USC 674a note.>> References.--Any reference in a
law, map, regulation, document, paper, or other record of the United
States to the Sullys Hill National Game Preserve shall be considered to
be a reference to the ``White Horse Hill National Game Preserve''.
TITLE V-- <<NOTE: Modernizing the Pittman- Robertson Fund for
Tomorrow's Needs Act.>> PITTMAN-ROBERTSON FUND
SEC. 501. <<NOTE: 16 USC 669a note.>> MODERNIZING THE PITTMAN-
ROBERTSON FUND FOR TOMORROW'S NEEDS.
(a) Short Title.--This title may be cited as the ``Modernizing the
Pittman-Robertson Fund for Tomorrow's Needs Act''.
(b) Purpose.--The first section of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669) is amended by adding at the end the
following: ``One of the purposes of this Act is to provide financial and
technical assistance to the States for the promotion of hunting and
recreational shooting.''.
(c) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (9) as
paragraphs (4) through (11), respectively; and
[[Page 133 STAT. 3192]]
(2) by inserting after paragraph (1) the following:
``(2) for the purposes of determining the number of paid
hunting-license holders in a State, the term `fiscal year' means
the fiscal year or license year of the State;
``(3) the term `hunter recruitment and recreational shooter
recruitment' means any activity or project to recruit or retain
hunters and recreational shooters, including by--
``(A) outreach and communications as a means--
``(i) to improve communications with hunters,
recreational shooters, and the general public with
respect to hunting and recreational shooting
opportunities;
``(ii) to reduce barriers to participation in
these activities;
``(iii) to advance the adoption of sound
hunting and recreational shooting practices;
``(iv) to promote conservation and the
responsible use of the wildlife resources of the
United States; and
``(v) to further safety in hunting and
recreational shooting;
``(B) providing education, mentoring, and field
demonstrations;
``(C) enhancing access for hunting and recreational
shooting, including through range construction; and
``(D) providing education to the public about the
role of hunting and recreational shooting in funding
wildlife conservation;''.
(d) Apportionment of Available Amounts.--
(1) Apportionment of certain taxes.--The first subsection
(c) of section 4 of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669c) is amended--
(A) by inserting ``Apportionment of Revenues From
Pistols, Revolvers, Bows, and Arrows.--'' after the
enumerator;
(B) by striking ``One-half'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), \1/2\'';
(C) by striking ``: Provided, That'' and inserting a
period;
(D) by striking ``each State shall be apportioned
not more than 3 per centum and not less than 1 per
centum of such revenues'' and inserting the following:
``(2) Condition.--The amount apportioned to each State under
paragraph (1) shall be not greater than 3 percent and not less
than 1 percent of the revenues described in such paragraph'';
(E) by striking ``For the purpose'' and inserting
the following:
``(3) Population determination.--For the purpose''; and
(F) by adding at the end the following:
``(4) Use of funds.--In addition to other uses authorized
under this Act, amounts apportioned under this subsection may be
used for hunter recruitment and recreational shooter
recruitment.''.
(2) Technical correction.--Section 4 of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended--
(A) by redesignating the second subsection (c) and
subsection (d) as subsections (d) and (e), respectively;
and
[[Page 133 STAT. 3193]]
(B) by striking ``subsection (c)'' in the
redesignated section 4(e)(3) and replacing it with
``subsection (d), as redesignated''.
(e) Expenditures for Management of Wildlife Areas and Resources.--
Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669g) is amended--
(1) in subsection (a), in the third sentence, by striking
``and public relations''; and
(2) in subsection (b), in the first sentence, by striking
``, as a part of such program''.
(f) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669h-1(a)(1)(A)) is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(v) the enhancement of hunter recruitment
and recreational shooter recruitment; and''.
(g) Multistate Conservation Grant Program.--
(1) In general.--Section 11 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669h-2) is amended--
(A) in subsection (a)(1)--
(i) by striking ``Not more than'' and
inserting the following:
``(A) In general.--Not more than''; and
(ii) by adding at the end the following:
``(B) Availability for hunter and recreational
shooter grants.--Not more than $5,000,000 of the
revenues covered into the fund from any tax imposed
under section 4161(b) of the Internal Revenue Code of
1986 for a fiscal year shall be available to the
Secretary exclusively for making hunter recruitment and
recreational shooter recruitment grants that promote a
national hunting and shooting sport recruitment program,
including related communication and outreach
activities.'';
(B) in the matter preceding subsection (b)(3)(A), by
striking ``International'';
(C) in the matter preceding subsection (c)(2)(A)(i),
by striking ``International'';
(D) in subsection (c)(2)(A)(i), by inserting ``or to
recreational shooting activities'' after ``wildlife'';
and
(E) in subsection (d), by inserting ``or to
recreational shooting activities'' after ``wildlife''.
(2) <<NOTE: Deadline. 16 USC 669h-2 note.>> Study.--Not
later than 10 years after the date of enactment of this Act, the
Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service, shall--
(A) <<NOTE: Review. Evaluation.>> review and
evaluate the effects of the funds made available under
subparagraph (B) of section 11(a)(1) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669h-
2(a)(1)) (as added by paragraph (1)(A)(ii)) on funds
available for wildlife conservation; and
(B) <<NOTE: Reports.>> submit a report describing
the results of the review and evaluation under paragraph
(1) to--
(i) the Committee on Environment and Public
Works of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
[[Page 133 STAT. 3194]]
TITLE VI-- <<NOTE: John F. Kennedy Center Reauthorization Act of
2019.>> JOHN F. KENNEDY CENTER
SEC. 601. <<NOTE: 20 USC 76h note.>> SHORT TITLE.
This title may be cited as the ``John F. Kennedy Center
Reauthorization Act of 2019''.
SEC. 602. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76r), as
amended by the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2020, is further amended by striking
subsections (a) and (b) and inserting the following:
``(a) Maintenance, Repair, and Security.--There are authorized to be
appropriated to the Board to carry out section 4(a)(1)(H)--
``(1) $25,690,000 for fiscal year 2020;
``(2) $27,000,000 for fiscal year 2021;
``(3) $28,000,000 for fiscal year 2022;
``(4) $29,000,000 for fiscal year 2023; and
``(5) $30,000,000 for fiscal year 2024.
``(b) Capital Projects.--There are authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1)--
``(1) $17,800,000 for fiscal year 2020;
``(2) $18,000,000 for fiscal year 2021;
``(3) $19,000,000 for fiscal year 2022;
``(4) $20,000,000 for fiscal year 2023; and
``(5) $21,000,000 for fiscal year 2024.''.
SEC. 603. <<NOTE: 20 USC 76j note.>> COMMEMORATION OF THE JOHN F.
KENNEDY CENTER FOR THE PERFORMING ARTS.
(a) Sense of Congress.--It is the sense of Congress that the John F.
Kennedy Center for the Performing Arts (referred to in this Act as the
``Center'')--
(1) recognize the year 2021 as the 50th anniversary of the
opening of the Center;
(2) acknowledge and commemorate the mission of the Center as
a national center for the performing arts and a national
memorial to President John F. Kennedy; and
(3) recognize that the year 2018 is the 60th anniversary of
the signing of the National Cultural Center Act (now known as
the ``John F. Kennedy Center Act'') (20 U.S.C. 76h et seq.),
signed into law by President Dwight D. Eisenhower on September
2, 1958.
(b) Authorization for Plaque.--
(1) In general.--The Center shall place within the Center a
plaque containing an inscription to commemorate the 60th
anniversary of the signing of the National Cultural Center Act
(20 U.S.C. 76h et seq.) by President Dwight D. Eisenhower.
(2) Specifications.--The plaque shall be--
(A)(i) not less than 6 square feet in size; and
(ii) not more than 18 square feet in size;
(B) of any shape that the Trustees of the Center
determine to be appropriate; and
(C) placed at a location within the Center
approximate to the Eisenhower Theater that the Trustees
of the Center determine to be appropriate.
(3) Funding.--
[[Page 133 STAT. 3195]]
(A) In general.--No Federal funds may be used to
design, procure, or install the plaque.
(B) Exception.--Subparagraph (A) shall not affect
the payment of salaries, expenses, and benefits
otherwise authorized by law for members and employees of
the Center who participate in carrying out this
subsection.
(4) Private fundraising authorized.--
(A) In general.--The Center may solicit and accept
private contributions for the design, procurement, and
installation of the plaque.
(B) Accounting.--The Center may--
(i) establish an account into which any
contributions received pursuant to subparagraph
(A) shall be deposited; and
(ii) maintain documentation of any
contributions received pursuant to subparagraph
(A).
TITLE VII-- <<NOTE: Preserving America's Battlefields Act.>> PRESERVING
AMERICA'S BATTLEFIELDS
SEC. 701. <<NOTE: 54 USC 100101 note.>> SHORT TITLE.
This title may be cited as the ``Preserving America's Battlefields
Act''.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR BATTLEFIELD
ACQUISITION GRANT PROGRAM.
Section 308103(f) of title 54, United States Code, is amended by
striking ``$10,000,000 for each of fiscal years 2012 and 2013'' and
inserting ``$18,000,000 for each of fiscal years 2020 through 2028''.
SEC. 703. ESTABLISHMENT OF BATTLEFIELD INTERPRETATION
MODERNIZATION GRANT PROGRAM AND
BATTLEFIELD RESTORATION GRANT PROGRAM.
(a) Establishment of Battlefield Grant Programs.--Chapter 3081 of
title 54, United States Code, is amended by adding at the end the
following:
``Sec. 308104. <<NOTE: 54 USC 308104.>> Battlefield
interpretation modernization grant program
``(a) Establishment.--The Secretary shall establish a battlefield
interpretation modernization grant program under which the Secretary may
provide competitive grants to States, Tribes, local governments, and
nonprofit organizations for projects and programs that deploy technology
to modernize battlefield interpretation and education.
``(b) Eligible Sites.--The Secretary may make grants under this
section for Revolutionary War, War of 1812, and Civil War battlefield
sites eligible for assistance under the battlefield acquisition grant
program established under section 308103(b).
``(c) Federal Share.--The Federal share of the cost of a project or
program funded through a grant provided under the program established
under subsection (a) shall be not more than 50 percent of the total cost
of the applicable project or program.
[[Page 133 STAT. 3196]]
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide grants under this section
$1,000,000 for each of fiscal years 2020 through 2028.
``Sec. 308105. <<NOTE: 54 USC 308105.>> Battlefield restoration
grant program
``(a) Establishment.--The Secretary shall establish a battlefield
restoration grant program (referred to in this section as the `program')
under which the Secretary may provide grants to States, Tribes, local
governments, and nonprofit organizations for projects that restore day-
of-battle conditions on land preserved under the battlefield acquisition
grant program established under section 308103(b).
``(b) Eligible Sites.--The Secretary may make grants under this
section for Revolutionary War, War of 1812, and Civil War battlefield
sites eligible for assistance under the battlefield acquisition grant
program established under section 308103(b).
``(c) Federal Share.--The Federal share of the cost of a restoration
project funded through a grant provided under the program shall be not
more than 50 percent of the total cost of the project.
``(d) Restoration Standards.--All restoration work carried out
through a grant awarded under the program shall be performed in
accordance with the Secretary of the Interior's Standards for the
Treatment of Historic Properties under part 68 of title 36, Code of
Federal Regulations (or successor regulations).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide grants under this section
$1,000,000 for each of fiscal years 2020 through 2028.''.
(b) Clerical Amendment.--The analysis for chapter 3081 of title 54,
United States Code, <<NOTE: 54 USC 308101 prec.>> is amended by adding
at the end the following:
``308104. Battlefield interpretation modernization grant program.
``308105. Battlefield restoration grant program.''.
TITLE VIII--VETERANS AFFAIRS REPORT ON DISABILITY COMPENSATION AND THE
POSITIVE ASSOCIATION WITH EXPOSURE TO AN HERBICIDE AGENT
SEC. 801. REPORT ON EFFORTS TO DETERMINE WHETHER TO ADD TO THE
LIST OF DISEASES FOR WHICH PRESUMPTION OF
SERVICE-CONNECTION IS WARRANTED FOR
PURPOSES OF DISABILITY COMPENSATION BY
REASON OF HAVING POSITIVE ASSOCIATION WITH
EXPOSURE TO AN HERBICIDE AGENT.
(a) <<NOTE: Consultation.>> In General.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs, in consultation with the Director of the Office of Management
and Budget, shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report setting forth the status of any efforts of the
Secretary to determine whether to promulgate new regulations to add to
the list of diseases for which a presumption of
[[Page 133 STAT. 3197]]
service-connection is warranted for purposes of section 1110 of title
38, United States Code, by reason of having positive association with
exposure to an herbicide agent.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) A detailed explanation of any delays in making a
determination described in such subsection.
(2) <<NOTE: Cost estimate.>> An estimate of the cost of
adding to the list of diseases described in such subsection.
(3) The date the Secretary anticipates on which the
Secretary will promulgate new regulations as described in such
subsection.
(c) Definition of Herbicide Agent.--For purposes of this section,
the term ``herbicide agent'' has the meaning given such term in section
1116 of title 38, United States Code.
TITLE IX-- <<NOTE: Disaster Recovery Workforce Act.>> DISASTER RECOVERY
WORKFORCE
SEC. 901. <<NOTE: 48 USC 1801 note.>> SHORT TITLE.
This title may be cited as the ``Disaster Recovery Workforce Act''.
SEC. 902. CONSTRUCTION WORKER PERMITS.
Section 6(d)(3) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America', and for other purposes'' (48 U.S.C. 1806(d)(3)) is amended by
adding at the end the following:
``(E) Typhoon recovery.--
``(i) Permits for construction workers.--
Notwithstanding any numerical cap set forth in
subparagraph (B) for each of fiscal years 2020,
2021, and 2022, the Secretary of Homeland Security
shall increase by 3,000, for each such fiscal
year, the total number of permits available under
this subsection for Construction and Extraction
Occupations (as defined by the Department of Labor
as Standard Occupational Classification Group 47-
0000).
``(ii) Permit requirements.--The Secretary may
only issue a permit made available under clause
(i) to a prospective employer if the permit is for
an alien who--
``(I) is a national of a country
designated eligible to participate in
the program under section
101(a)(15)(H)(ii)(b) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) during calendar
year 2018; and
``(II) is performing service or
labor pursuant to a contract or
subcontract for construction, repairs,
renovations, or facility services
directly connected to, or associated
with recovery from a presidentially
declared major disaster or emergency (as
those terms are defined in section 102
[[Page 133 STAT. 3198]]
of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5122), or for preparation for a
future disaster or emergency.
``(iii) Exception for construction workers.--
Subparagraph (D)(v) shall not apply to a permit
made available under clause (i) for any fiscal
year described in such clause.''.
TITLE X-- <<NOTE: Television Viewer Protection Act of 2019.>> TELEVISION
VIEWER PROTECTION
SEC. 1001. <<NOTE: 47 USC 609 note.>> SHORT TITLE.
This title may be cited as the ``Television Viewer Protection Act of
2019''.
SEC. 1002. EXTENSION OF AUTHORITY.
(a) In General.--Section 325(b) of the Communications Act of 1934
(47 U.S.C. 325(b)) is amended--
(1) in paragraph (2)(C)--
(A) by striking ``until December 31, 2019,''; and
(B) by striking ``antenna,'' and all that follows
and inserting ``antenna under the statutory license of
section 119 of title 17, United States Code;''; and
(2) in paragraph (3)(C), by striking ``until January 1,
2020,'' each place it appears.
(b) Conforming Amendment.--Section 325(b)(2) of the Communications
Act of 1934 (47 U.S.C. 325(b)(2)) is amended by striking ``, the term
`unserved household' has the meaning given that term under section
119(d) of such title''.
SEC. 1003. SATISFACTION OF GOOD FAITH NEGOTIATION REQUIREMENT BY
MULTICHANNEL VIDEO PROGRAMMING
DISTRIBUTORS.
(a) Satisfaction of Good Faith Negotiation Requirement.--Section
325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C))
is amended--
(1) in clause (iv), by striking ``; and'' and inserting a
semicolon;
(2) in clause (v), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vi) <<NOTE: Deadline.>> not later than 90 days after the
date of the enactment of the Television Viewer Protection Act of
2019, specify that--
``(I) a multichannel video programming distributor
may satisfy its obligation to negotiate in good faith
under clause (iii) with respect to a negotiation for
retransmission consent under this section with a large
station group by designating a qualified MVPD buying
group to negotiate on its behalf, so long as the
qualified MVPD buying group itself negotiates in good
faith in accordance with such clause;
``(II) it is a violation of the obligation to
negotiate in good faith under clause (iii) for the
qualified MVPD buying group to disclose the prices,
terms, or conditions of an ongoing negotiation or the
final terms of a negotiation to a member of the
qualified MVPD buying group that is not intending, or is
unlikely, to enter into the final
[[Page 133 STAT. 3199]]
terms negotiated by the qualified MVPD buying group; and
``(III) a large station group has an obligation to
negotiate in good faith under clause (ii) with respect
to a negotiation for retransmission consent under this
section with a qualified MVPD buying group.''.
(b) Definitions.--Section 325(b)(7) of the Communications Act of
1934 (47 U.S.C. 325(b)(7)) is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) `qualified MVPD buying group' means an entity that,
with respect to a negotiation with a large station group for
retransmission consent under this section--
``(i) negotiates on behalf of two or more
multichannel video programming distributors--
``(I) none of which is a multichannel video
programming distributor that serves more than
500,000 subscribers nationally; and
``(II) that do not collectively serve more
than 25 percent of all households served by a
multichannel video programming distributor in any
single local market in which the applicable large
station group operates; and
``(ii) negotiates agreements for such retransmission
consent--
``(I) that contain standardized contract
provisions, including billing structures and
technical quality standards, for each multichannel
video programming distributor on behalf of which
the entity negotiates; and
``(II) under which the entity assumes
liability to remit to the applicable large station
group all fees received from the multichannel
video programming distributors on behalf of which
the entity negotiates;
``(D) `large station group' means a group of television
broadcast stations that--
``(i) are directly or indirectly under common de
jure control permitted by the regulations of the
Commission;
``(ii) generally negotiate agreements for
retransmission consent under this section as a single
entity; and
``(iii) include only television broadcast stations
that have a national audience reach of more than 20
percent;
``(E) `local market' has the meaning given such term in
section 122(j) of title 17, United States Code; and
``(F) `multichannel video programming distributor' has the
meaning given such term in section 602.''.
(c) Conforming Amendments.--Section 325(b) of the Communications Act
of 1934 (47 U.S.C. 325(b)) is amended--
(1) in paragraph (2), by striking ``, and the term `local
market' has the meaning given that term in section 122(j) of
such title''; and
(2) in paragraph (3)(C), by striking ``(as defined in
section 122(j) of title 17, United States Code)'' each place it
appears.
[[Page 133 STAT. 3200]]
(d) <<NOTE: 47 USC 325 note.>> Effective Date.--The amendments made
by this section, and the regulations promulgated by the Federal
Communications Commission under such amendments, shall not take effect
before January 1 of the calendar year after the calendar year in which
this Act is enacted.
SEC. 1004. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
(a) In General.--Part IV of title VI of the Communications Act of
1934 (47 U.S.C. 551 et seq.) is amended by adding at the end the
following:
``SEC. 642. <<NOTE: 47 USC 562.>> REQUIREMENTS RELATING TO
CHARGES FOR COVERED SERVICES.
``(a) Consumer Rights in Sales.--
``(1) Right to transparency.--Before entering into a
contract with a consumer for the provision of a covered service,
a provider of a covered service shall provide the consumer, by
phone, in person, online, or by other reasonable means, the
total monthly charge for the covered service, whether offered
individually or as part of a bundled service, selected by the
consumer (explicitly noting the amount of any applicable
promotional discount reflected in such charge and when such
discount will expire), including any related administrative
fees, equipment fees, or other charges, a good faith estimate of
any tax, fee, or charge imposed by the Federal Government or a
State or local government (whether imposed on the provider or
imposed on the consumer but collected by the provider), and a
good faith estimate of any fee or charge that is used to recover
any other assessment imposed on the provider by the Federal
Government or a State or local government.
``(2) <<NOTE: Deadline. Records.>> Right to formal
notice.--A provider of a covered service that enters into a
contract described in paragraph (1) shall, not later than 24
hours after entering into the contract, send the consumer, by
email, online link, or other reasonably comparable means, a copy
of the information described in such paragraph.
``(3) <<NOTE: Time period.>> Right to cancel.--A provider
of a covered service that enters into a contract described in
paragraph (1) shall permit the consumer to cancel the contract,
without paying early cancellation fees or other disconnection
fees or penalties, during the 24-hour period beginning when the
provider of the covered service sends the copy required by
paragraph (2).
``(b) Consumer Rights in e-billing.--If a provider of a covered
service provides a bill to a consumer in an electronic format, the
provider shall include in the bill--
``(1) an itemized statement that breaks down the total
amount charged for or relating to the provision of the covered
service by the amount charged for the provision of the service
itself and the amount of all related taxes, administrative fees,
equipment fees, or other charges;
``(2) the termination date of the contract for the provision
of the covered service entered into between the consumer and the
provider; and
``(3) the termination date of any applicable promotional
discount.
[[Page 133 STAT. 3201]]
``(c) Consumer Rights to Accurate Equipment Charges.--A provider of
a covered service or fixed broadband internet access service may not
charge a consumer for--
``(1) using covered equipment provided by the consumer; or
``(2) renting, leasing, or otherwise providing to the
consumer covered equipment if--
``(A) the provider has not provided the equipment to
the consumer; or
``(B) the consumer has returned the equipment to the
provider, except to the extent that the charge relates
to the period beginning on the date when the provider
provided the equipment to the consumer and ending on the
date when the consumer returned the equipment to the
provider.
``(d) Definitions.--In this section:
``(1) Broadband internet access service.--The term
`broadband internet access service' has the meaning given such
term in section 8.1(b) of title 47, Code of Federal Regulations,
or any successor regulation.
``(2) Covered equipment.--The term `covered equipment' means
equipment (such as a router) employed on the premises of a
person (other than a provider of a covered service or fixed
broadband internet access service) to provide a covered service
or to provide fixed broadband internet access service.
``(3) Covered service.--The term `covered service' means
service provided by a multichannel video programming
distributer, to the extent such distributor is acting as a
multichannel video programming distributor.''.
(b) <<NOTE: Time periods. 47 USC 562 note.>> Effective Date.--
Section 642 of the Communications Act of 1934, as added by subsection
(a) of this section, shall apply beginning on the date that is 6 months
after the date of the enactment of this Act. <<NOTE: Extension.>> The
Federal Communications Commission may grant an additional 6-month
extension if the Commission finds that good cause exists for such an
additional extension.
TITLE XI-- <<NOTE: Satellite Television Community Protection
and Promotion Act of 2019.>> ELIGIBILITY TO RECEIVE SIGNALS UNDER A
DISTANT-SIGNAL SATELLITE LICENSE
SEC. 1101. <<NOTE: 17 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Satellite Television Community
Protection and Promotion Act of 2019''.
SEC. 1102. ELIGIBILITY TO RECEIVE SIGNALS UNDER A DISTANT-SIGNAL
SATELLITE LICENSE.
(a) In General.--Section 119 of title 17, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``signals, and'' and
inserting ``signals,'';
[[Page 133 STAT. 3202]]
(II) by inserting ``, and the
carrier provides local-into-local
service to all DMAs'' after ``receiving
the secondary transmission''; and
(III) by adding at the end the
following new sentence: ``Failure to
reach an agreement with a network
station to retransmit the signals of the
station shall not be construed to affect
compliance with providing local-into-
local service to all DMAs if the
satellite carrier has the capability to
retransmit such signals when an
agreement is reached.''; and
(ii) in subparagraph (B)--
(I) by striking clauses (ii) and
(iii);
(II) by adding at the end the
following:
``(ii) Short markets.--In the case of
secondary transmissions to households located in
short markets, subject to clause (i), the
statutory license shall be further limited to
secondary transmissions of only those primary
transmissions of network stations that embody the
programming of networks not offered on the primary
stream or the multicast stream transmitted by any
network station in that market.'';
(B) by striking paragraphs (3), (6)(E), (9), (10),
and (13); and
(C) by redesignating paragraphs (4), (5), (6), (7),
(8), (11), (12), and (14) as paragraphs (3) through
(10), respectively;
(2) in subsection (c)(1)(E)--
(A) by striking the comma after ``in the
agreement'';
(B) by striking ``until December 31, 2019, or''; and
(C) by striking ``, whichever is later'' and
inserting ``until the subscriber for which the royalty
is payable is no longer eligible to receive a secondary
transmission pursuant to the license under this
section'';
(3) in subsection (d)--
(A) in paragraph (10)--
(i) in subparagraph (D), by striking
``subsection (a)(11)'' and inserting ``subsection
(a)(8)'';
(ii) by striking subparagraphs (A), (B), (C),
and (E);
(iii) by redesignating subparagraph (D) as
subparagraph (A); and
(iv) by adding at the end the following:
``(B) is a subscriber located in a short market.'';
(B) by striking paragraph (13);
(C) by redesignating paragraphs (14) and (15) as
paragraphs (13) and (14), respectively; and
(D) <<NOTE: Definitions.>> by adding at the end the
following:
``(15) Local-into-local service to all dmas.--The term
`local-into-local service to all DMAs' has the meaning given
such term in subsection (f)(7).
``(16) Short market.--The term `short market' means a local
market in which programming of one or more of the four most
widely viewed television networks nationwide is not offered on
either the primary stream or multicast stream transmitted by any
network station in that market or is temporarily
[[Page 133 STAT. 3203]]
or permanently unavailable as a result of an act of god or other
force majeure event beyond the control of the carrier.'';
(4) by striking subsections (e) and (h);
(5) in subsection (g)(7), by inserting ``, except for
designated market areas where the entity is temporarily or
permanently unable to provide local service as a result of an
act of god or other force majeure event beyond the control of
the entity'' after ``section 122''; and
(6) by redesignating subsections (f) and (g) as subsections
(e) and (f).
(b) Previously Covered Subscribers Under the STELA Reauthorization
Act of 2014.--
(1) <<NOTE: Eligibility. Termination date. 17 USC 119
note.>> In general.--A subscriber of a satellite carrier who
receives the secondary transmission of a network station under
the statutory license in section 119 of title 17, United States
Code, as in effect on the day before the date of the enactment
of this Act, and to whom subsection (a)(2)(B) of such section,
as amended by subsection (a), does not apply, shall continue to
be eligible to receive that secondary transmission from such
carrier under such license, and at the royalty rate established
for such license by the Copyright Royalty Board or voluntary
agreement, as applicable, until the date that is the earlier
of--
(A) May 31, 2020; or
(B) the date on which such carrier provides local-
into-local service to all DMAs.
(2) Definitions.--In this subsection, the terms ``satellite
carrier'', ``subscriber'', ``secondary transmission'', ``network
station'', and ``local-into-local service to all DMAs'' have the
meaning given those terms in section 119 of title 17, United
States Code.
(c) Conforming Amendments.--Title 17, United States Code, is further
amended--
(1) in section 119, as amended by subsection (a)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``paragraphs
(4), (5), and (7)'' and inserting ``paragraphs
(3), (4), and (6)''; and
(ii) in paragraph (2), by striking
``paragraphs (4), (5), (6), and (7)'' and
inserting ``paragraphs (3), (4), (5), and (6)'';
and
(B) in subsection (f), as so redesignated, by
striking ``subsection (a)(7)(B)'' each place it appears
and inserting ``subsection (a)(5)(B)''; and
(2) in section 501(e), by striking ``section 119(a)(5)'' and
inserting ``section 119(a)(3)''.
TITLE XII--GROUNDFISH TRAWL FISHERY
SEC. 1201. <<NOTE: Loans. Time periods.>> GROUNDFISH TRAWL
FISHERY.
The Secretary of Commerce shall forgive the interest accrued on the
Groundfish Trawl fishery sub-loan regarding fishing capacity reduction
in the West Coast groundfish fishery authorized by section 212 of
division B, title II, of Public Law 108-7 from December 4, 2003, through
September 8, 2005, and the portion of additional
[[Page 133 STAT. 3204]]
interest accrued in the Groundfish Trawl fishery sub-loan since
September 8, 2005, that is directly attributable to the delay in
implementing a repayment system. The Secretary of the Treasury shall
make available, out of any funds in the Treasury not otherwise
appropriated, such sums necessary for any loan modification under this
provision.
TITLE XIII--TEMPORARY RELIEF <<NOTE: Temporary Relief from Certain ERISA
Requirements Act of 2020.>> FROM CERTAIN ERISA REQUIREMENTS
SEC. 1301. <<NOTE: 26 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Temporary Relief from Certain ERISA
Requirements Act of 2020''.
SEC. 1302. EXEMPTION.
(a) In General.--Section 408 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1108) is amended by adding at the end
the following:
``(h) Provision of Pharmacy Benefit Services.--
``(1) In general.--Provided that all of the conditions
described in paragraph (2) are met, the restrictions imposed by
subsections (a), (b)(1), and (b)(2) of section 406 shall not
apply to--
``(A) the offering of pharmacy benefit services to a
group health plan that is sponsored by an entity
described in section 3(37)(G)(vi) or to any other group
health plan that is sponsored by a regional council,
local union, or other labor organization affiliated with
such entity;
``(B) the purchase of pharmacy benefit services by
plan participants and beneficiaries of a group health
plan that is sponsored by an entity described in section
3(37)(G)(vi) or of any other group health plan that is
sponsored by a regional council, local union, or other
labor organization affiliated with such entity; or
``(C) the operation or implementation of pharmacy
benefit services by an entity described in section
3(37)(G)(vi) or by any other group health plan that is
sponsored by a regional council, local union, or other
labor organization affiliated with such entity,
in any arrangement where such entity described in section
3(37)(G)(vi) or any related organization or subsidiary of such
entity provides pharmacy benefit services that include prior
authorization and appeals, a retail pharmacy network, pharmacy
benefit administration, mail order fulfillment, formulary
support, manufacturer payments, audits, and specialty pharmacy
and goods, to any such group health plan.
``(2) Conditions.--The conditions described in this
paragraph are the following:
``(A) The terms of the arrangement are at least as
favorable to the group health plan as such group health
plan could obtain in a similar arm's length arrangement
with an unrelated third party.
``(B) At least 50 percent of the providers
participating in the pharmacy benefit services offered
by the arrangement are unrelated to the contributing
employers or any
[[Page 133 STAT. 3205]]
other party in interest with respect to the group health
plan.
``(C) The group health plan retains an independent
fiduciary who will be responsible for monitoring the
group health plan's consultants, contractors,
subcontractors, and other service providers for purposes
of pharmacy benefit services described in paragraph (1)
offered by such entity or any of its related
organizations or subsidiaries and monitors the
transactions of such entity and any of its related
organizations or subsidiaries to ensure that all
conditions of this exemption are satisfied during each
plan year.
``(D) Any decisions regarding the provision of
pharmacy benefit services described in paragraph (1) are
made by the group health plan's independent fiduciary,
based on objective standards developed by the
independent fiduciary in reliance on information
provided by the arrangement.
``(E) <<NOTE: Reports.>> The independent fiduciary
of the group health plan provides an annual report to
the Secretary and the congressional committees of
jurisdiction attesting that the conditions described in
subparagraphs (C) and (D) have been met for the
applicable plan year, together with a statement that use
of the arrangement's services are in the best interest
of the participants and beneficiaries in the aggregate
for that plan year compared to other similar
arrangements the group health plan could have obtained
in transactions with an unrelated third party.
``(F) The arrangement is not designed to benefit any
party in interest with respect to the group health plan.
``(3) <<NOTE: Applicability.>> Violations.--In the event an
entity described in section 3(37)(G)(vi) or any affiliate of
such entity violates any of the conditions of such exemption,
such exemption shall not apply with respect to such entity or
affiliate and all enforcement and claims available under this
Act shall apply with respect to such entity or affiliate.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to modify any obligation of a group health
plan otherwise set forth in this Act.
``(5) <<NOTE: Definition.>> Group health plan.--In this
subsection, the term `group health plan' has the meaning given
such term in section 733(a).''.
(b) Amendment to Internal Revenue Code of 1986.--Subsection (c) of
section 4975 of the Internal Revenue Code of <<NOTE: 26 USC 4975.>>
1986 is amended by adding at the end the following new paragraph:
``(7) Special rule for provision of pharmacy benefit
services.--Any party <<NOTE: Exemption.>> to an arrangement
which satisfies the requirements of section 408(h) of the
Employee Retirement Income Security Act of 1974 shall be exempt
from the tax imposed by this section with respect to such
arrangement.''.
(c) <<NOTE: Effective date. 26 USC 4975 note.>> Applicability.--
With respect to a group health plan subject to subsection (h) of section
408 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1108) (as amended by subsection (a)) and subsection (c) of section 4975
of the Internal Revenue Code of 1986 (as amended by subsection (b)),
beginning at the end of the fifth plan year of such group health plan
that begins after the date of enactment of this Act, such subsection (h)
of such section 408 and such subsection (c) of such shall have no force
or effect.
[[Page 133 STAT. 3206]]
TITLE XIV-- <<NOTE: Library of Congress Technical Corrections Act of
2019.>> LIBRARY OF CONGRESS TECHNICAL CORRECTIONS
SEC. 1401. <<NOTE: 2 USC 131 note.>> SHORT TITLE.
This title may be cited as the ``Library of Congress Technical
Corrections Act of 2019''.
SEC. 1402. AMENDMENT TO AMERICAN FOLKLIFE PRESERVATION ACT.
Section 4 of the American Folklife Preservation Act (20 U.S.C. 2103)
is amended--
(1) in subsection (b)(1)(D)--
(A) in the matter preceding clause (i), by striking
``seven'' and inserting ``nine'';
(B) in clause (vi), by striking ``and'' after the
semicolon;
(C) in clause (vii), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(viii) the Secretary of Veterans Affairs; and
``(ix) the Director of the Institute of Museum and
Library Services.''; and
(2) in subsection (f), by striking the second sentence and
inserting the following: ``The rate of basic pay of the Director
shall be fixed in accordance with section 5376(b) of title 5,
United States Code.''.
SEC. 1403. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT
DISABLED.
(a) In General.--The Act entitled ``An Act to provide books for the
adult blind'', approved March 3, 1931 (2 U.S.C. 135a et seq.), is
amended to read as follows:
``SECTION 1. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT
DISABLED.
``(a) Accessible Materials and Reproducers.--
``(1) In general.--The Librarian of Congress is authorized
to provide to eligible persons who are residents of the United
States (including residents of the several States, insular
possessions, and the District of Columbia) and to eligible
persons who are United States citizens residing outside the
United States the following items:
``(A) Literary works published in raised characters,
on sound-reproduction recordings, or in any other
accessible format.
``(B) Musical scores, instructional texts, and other
specialized materials used in furthering educational,
vocational, and cultural opportunities in the field of
music published in any accessible format.
``(C) Reproducers for such formats.
``(2) Ownership.--Any item provided under paragraph (1)
shall be provided on a loan basis and shall remain the property
of the Library of Congress.
``(b) Lending Preference.--In the lending of items under subsection
(a), the Librarian shall at all times give preference to--
``(1) the needs of the blind and visually disabled; and
``(2) the needs of eligible persons who have been honorably
discharged from the Armed Forces of the United States.
[[Page 133 STAT. 3207]]
``(c) Network.--The Librarian of Congress may contract or otherwise
arrange with such public or other nonprofit libraries, agencies, or
organizations as the Librarian may determine appropriate to serve as
local or regional centers for the circulation of items described in
subsection (a)(1).
``(d) International Service.--The Librarian of Congress is
authorized to provide items described in subparagraphs (A) and (B) of
subsection (a)(1) to authorized entities located in a country that is a
party to the Marrakesh Treaty, if any such items are delivered to
authorized entities through online, not physical, means. The Librarian
may contract or otherwise arrange with such authorized entities to
deliver such items to eligible persons located in their countries in any
accessible format and consistent with section 121A of title 17, United
States Code.
``(e) <<NOTE: Determination.>> Contracting Preference.--In the
purchase and maintenance of items described in subsection (a), the
Librarian of Congress, without regard to section 6101 of title 41,
United States Code, shall give preference to nonprofit institutions or
agencies whose activities are primarily concerned with the blind and
with other physically disabled persons, in all cases where, considering
all the circumstances and needs involved, the Librarian determines that
the prices submitted are fair and reasonable.
``(f) <<NOTE: Consultation.>> Regulations.--The Librarian of
Congress shall prescribe regulations for services under this section, in
consultation with eligible persons and authorized
entities. <<NOTE: Procedures.>> Such regulations shall include
procedures that shall be used by an individual to establish that the
individual is an eligible person.
``(g) Definitions.--In this section--
``(1) the terms `accessible format', `authorized entity',
and `eligible person' have the meanings given those terms in
section 121 of title 17, United States Code; and
``(2) the term `Marrakesh Treaty' has the meaning given in
section 121A of such title 17.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.''.
(b) <<NOTE: Repeal.>> Conforming Amendment.--The Act entitled ``An
Act to establish in the Library of Congress a library of musical scores
and other instructional materials to further educational, vocational,
and cultural opportunities in the field of music for blind persons'',
approved October 9, 1962 (2 U.S.C. 135a-1), is repealed.
SEC. 1404. UNIFORM PAY SCALE FOR LIBRARY OF CONGRESS CAREER SENIOR
EXECUTIVE POSITIONS.
(a) Executive Schedule Positions.--
(1) Deputy librarian of congress.--Paragraph (2) of section
904 of the Supplemental Appropriations Act, 1983 (2 U.S.C. 136a-
2) is amended to read as follows:
``(2) the Deputy Librarian of Congress shall be compensated
at the greater of the rate of pay in effect for level III of the
Executive Schedule under section 5314 of title 5, United States
Code, or the maximum annual rate of basic pay payable under
section 5376 of such title for positions at agencies with a
performance appraisal system certified under section 5307(d) of
such title.''.
[[Page 133 STAT. 3208]]
(2) Director, congressional research service.--The second
sentence of section 203(c)(1) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 166(c)(l)) is amended to read as follows:
``The Director shall be compensated at the greater of the rate
of pay in effect for level III of the Executive Schedule under
section 5314 of title 5, United States Code, or the maximum
annual rate of basic pay payable under section 5376 of such
title for positions at agencies with a performance appraisal
system certified under section 5307(d) of such title.''.
(3) Register of copyrights.--The first sentence of section
701(f) of title 17, United States Code, is amended to read as
follows: ``The Register of Copyrights shall be compensated at
the greater of the rate of pay in effect for level III of the
Executive Schedule under section 5314 of title 5 or the maximum
annual rate of basic pay payable under section 5376 of such
title for positions at agencies with a performance appraisal
system certified under section 5307(d) of such title.''.
(b) References to GS Grades 16, 17, and 18 and Senior Level
Classification.--
(1) Congressional research service.--Section 203(c)(2) of
the Legislative Reorganization Act of 1946 (2 U.S.C. 166(c)(2))
is amended--
(A) in the second sentence of the matter preceding
subparagraph (A), by deleting ``subchapter III'' and all
that follows through ``such title.'' and inserting
``section 5376 of title 5, United States Code.''; and
(B) in subparagraph (B), by striking ``may be placed
in GS-16, 17, and 18'' and all that follows through the
period at the end and inserting ``may be classified
above GS-15 in accordance with section 5108(c) of title
5, United States Code, and the rate of basic pay for
such positions may be fixed in accordance with section
5376 of such title, subject to the prior approval of the
Joint Committee on the Library.''.
(2) U.s. copyright office.--Section 701(f) of title 17,
United States Code, is amended by striking the last sentence and
inserting ``The rate of basic pay for each Associate Register of
Copyrights shall be fixed in accordance with section 5376 of
title 5.''.
SEC. 1405. STAFFING FOR COPYRIGHT ROYALTY JUDGES PROGRAM.
(a) Removal of Cap on Personnel.--Chapter 8 of title 17, United
States Code, is amended--
(1) in section 802--
(A) in subsection (b), by striking ``3''; and
(B) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Staff members.--Staff members appointed under
subsection (b) shall be compensated at a rate not more than the
basic rate of pay payable for level 10 of GS-15 of the General
Schedule.''; and
(2) in section 803(e)(1)(A), by striking ``3''.
(b) <<NOTE: 17 USC 802 note.>> Effective Date.--The amendments made
by this section shall take effect with respect to fiscal year 2020 and
each fiscal year thereafter.
[[Page 133 STAT. 3209]]
TITLE XV--SENATE ENTITIES
Sec. 1501. Section 2(c) of chapter VIII of title I of Public Law
100-71 (2 U.S.C. 6567(c)) is amended by striking ``$10,000'' and
inserting ``$15,000''.
Sec. 1502. Section 902 of the Emergency Supplemental Act, 2002 (2
U.S.C. 6616) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``subsection (b)'' and
inserting ``paragraph (3)''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) <<NOTE: Memorandum.>> the Sergeant at Arms of the
Senate may enter into a memorandum of understanding described in
paragraph (1) consistent with the Senate Procurement
Regulations.''; and
(2) by striking subsection (b) and inserting the following:
``(b) The Sergeant at Arms of the Senate may incur obligations and
make expenditures for meals, refreshments, and other support and
maintenance for Members, officers, and employees of the Senate when such
obligations and expenditures are necessary to respond to emergencies
involving the safety of human life or the protection of property.''.
TITLE XVI-- <<NOTE: Legislative Branch Inspectors General Independence
Act of 2019,>> LEGISLATIVE BRANCH INSPECTORS GENERAL INDEPENDENCE
SEC. 1601. <<NOTE: 2 USC 131 note.>> SHORT TITLE.
This title may be cited as the ``Legislative Branch Inspectors
General Independence Act of 2019''.
SEC. 1602. PAY, LIMITS ON BONUSES, COUNSEL, AND AUTHORITIES.
(a) Library of Congress.--Section 1307 of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 185) is amended--
(1) in subsection (c)--
(A) in the subsection heading, by inserting ``; Pay;
Limits on Bonuses; Counsel'' after ``Removal'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Removal or transfer.--
``(A) In general.--The Inspector General may be
removed from office, or transferred to another position
within, or another location of, the Library of Congress,
by the Librarian of Congress.
``(B) <<NOTE: Deadline.>> Notice.--Not later than
30 days before the Librarian of Congress removes or
transfers the Inspector General under subparagraph (A),
the Librarian of Congress shall communicate in writing
the reason for the removal or transfer to--
``(i) the Committee on House Administration
and the Committee on Appropriations of the House
of Representatives; and
``(ii) the Committee on Rules and
Administration and the Committee on Appropriations
of the Senate.
[[Page 133 STAT. 3210]]
``(C) Applicability.--Nothing in this paragraph
shall prohibit a personnel action (except for removal or
transfer) that is otherwise authorized by law.''; and
(C) by adding at the end the following:
``(3) Pay.--
``(A) In general.--The position of Inspector General
shall--
``(i) be classified as a position above GS-15
in accordance with section 5108 of title 5, United
States Code; and
``(ii) have a rate of basic pay that is not
less than the average rate of basic pay of all
other employees in positions classified as above
GS-15 of the Library of Congress calculated on an
annual basis.
``(B) Adjustments.--The Librarian of Congress shall
establish the amount of the annual adjustment in the
rate of basic pay for the Inspector General in an amount
equal to the average of the annual adjustments in the
rate of basic pay provided to all other employees in
positions classified as above GS-15 of the Library of
Congress, in a manner consistent with section 5376 of
title 5, United States Code.
``(4) No bonuses.--The Inspector General may not receive any
cash award or cash bonus, including a cash award under chapter
45 of title 5, United States Code.
``(5) Counsel.--The Inspector General shall, in accordance
with applicable laws and regulations governing selections,
appointments, and employment at the Library of Congress, obtain
legal advice from a counsel reporting directly to the Inspector
General or another Inspector General.''; and
(2) in subsection (d)(1), by striking ``Sections 4'' and all
that follows through ``and 7'' and inserting ``Sections 4, 5
(other than subsection (a)(13)), 6 (other than subsection
(a)(7)), and 7''.
(b) Office of the Architect of the Capitol.--Section 1301(c) of the
Architect of the Capitol Inspector General Act of 2007 (2 U.S.C.
1808(c)) is amended--
(1) in the subsection heading, by inserting ``; Pay; Limits
on Bonuses; Counsel'' after ``Removal'';
(2) by striking paragraph (2) and inserting the following:
``(2) Removal or transfer.--
``(A) In general.--The Inspector General may be
removed from office, or transferred to another position
within, or another location of, the Office of the
Architect of the Capitol, by the Architect of the
Capitol.
``(B) <<NOTE: Deadline.>> Notice.--Not later than
30 days before the Architect of the Capitol removes or
transfers the Inspector General under subparagraph (A),
the Architect of the Capitol shall communicate in
writing the reason for the removal or transfer to--
``(i) the Committee on House Administration
and the Committee on Appropriations of the House
of Representatives; and
``(ii) the Committee on Rules and
Administration and the Committee on Appropriations
of the Senate.
[[Page 133 STAT. 3211]]
``(C) Applicability.--Nothing in this paragraph
shall prohibit a personnel action (except for removal or
transfer) that is otherwise authorized by law.''; and
(3) by adding at the end the following:
``(4) No bonuses.--The Inspector General may not receive any
cash award or cash bonus, including a cash award under chapter
45 of title 5, United States Code.
``(5) Counsel.--The Inspector General shall, in accordance
with applicable laws and regulations governing selections,
appointments, and employment at the Office of the Architect of
the Capitol, obtain legal advice from a counsel reporting
directly to the Inspector General or another Inspector
General.''.
(c) Government Publishing Office.--
(1) In general.--Section 3902 of title 44, United States
Code, is amended--
(A) in the section heading, by inserting ``; pay;
limits on bonuses; counsel'' after ``removal'';
(B) by striking subsection (b) and inserting the
following:
``(b)(1) The Inspector General may be removed from office, or
transferred to another position within, or another location of, the
Government Publishing Office, by the Director of the Government
Publishing Office.
``(2) <<NOTE: Deadline. Notification.>> Not later than 30 days
before the Director removes or transfers the Inspector General under
paragraph (1), the Director shall communicate in writing the reason for
the removal or transfer to--
``(A) the Committee on House Administration and the
Committee on Appropriations of the House of Representatives; and
``(B) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate.
``(3) Nothing in this subsection shall prohibit a personnel action
(except for removal or transfer) that is otherwise authorized by law.'';
and
(C) by adding at the end the following:
``(c)(1) The position of Inspector General shall be--
``(A) classified as a position as a senior level employee,
in accordance with this title; and
``(B) have a rate of basic pay that is not less than the
average rate of basic pay of all other senior level employees of
the Government Publishing Office calculated on an annual basis.
``(2) The Director of the Government Publishing Office shall
establish the amount of the annual adjustment in the rate of basic pay
for the Inspector General in an amount equal to the average of the
annual adjustments in the rate of basic pay provided to all other senior
level employees of the Government Publishing Office, consistent with
this title.
``(d) The Inspector General may not receive any cash award or cash
bonus, including a cash award under chapter 45 of title 5.
``(e) The Inspector General shall, in accordance with applicable
laws and regulations governing selections, appointments, and employment
at the Government Publishing Office, obtain legal advice from a counsel
reporting directly to the Inspector General or another Inspector
General.''.
[[Page 133 STAT. 3212]]
(2) Technical and conforming amendment.--The table of
sections for chapter 39 of title 44, United <<NOTE: 44 USC 3901
prec.>> States Code, is amended by striking the item relating
to section 3902 and inserting the following:
``3902. Appointment of Inspector General; supervision; removal; pay;
limits on bonuses; counsel.''.
SEC. 1603. LAW ENFORCEMENT AUTHORITY.
(a) Library of Congress.--Section 1307(d) of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 185(d)) is amended by adding at the
end the following:
``(3) Law enforcement authority.--
``(A) In general.--Subject to subparagraph (B), any
supervisory special agent under the Inspector General
and any special agent supervised by such a supervisory
special agent is authorized to--
``(i) make an arrest without a warrant while
engaged in official duties as authorized under
this section or any other statute for any offense
against the United States committed in the
presence of such supervisory special agent or
special agent, or for any felony cognizable under
the laws of the United States if such supervisory
special agent or special agent has reasonable
grounds to believe that the person to be arrested
has committed or is committing such felony;
``(ii) seek and execute warrants for arrest,
search of a premises, or seizure of evidence
issued under the authority of the United States
upon probable cause to believe that a violation
has been committed; and
``(iii) carry a firearm while engaged in
official duties as authorized under this section
or any other statute.
``(B) Requirements to exercise authority.--
``(i) Required certification.--
``(I) In general.--In order to
exercise the authority under
subparagraph (A), a supervisory special
agent or a special agent supervised by
such a supervisory special agent shall
certify that he or she--
``(aa) is a citizen of the
United States;
``(bb) has successfully
completed a basic law
enforcement training program or
military or other equivalent;
and
``(cc) is not prohibited
from receiving a firearm under
Federal law, including under
section 922(g)(9) of title 18,
United States Code, because of a
conviction of a misdemeanor
crime of domestic violence.
``(II) Additional requirements.--
After providing notice to the
appropriate committees of Congress, the
Inspector General may add requirements
to the certification required under
subclause (I), as determined appropriate
by the Inspector General.
``(ii) Maintenance of requirements.--The
Inspector General shall maintain firearms-related
[[Page 133 STAT. 3213]]
requirements (including quarterly firearms
qualifications) and use of force training
requirements that, except to the extent the
Inspector General determines necessary to
effectively carry out the duties of the Office of
the Inspector General, are in accordance with the
Council of the Inspectors General on Integrity and
Efficiency use of force policies, which
incorporate Department of Justice guidelines.
``(iii) Eligibility determination.--
``(I) In general.--The Inspector
General shall--
``(aa) determine whether an
individual meets the
requirements under this
paragraph; and
``(bb) revoke any authority
granted to an individual under
subparagraph (A) if the
individual is not in compliance
with the requirements of this
paragraph.
``(II) Reauthorization.--The
Inspector General may reauthorize an
individual to exercise the authority
granted under subparagraph (A) if the
Inspector General determines the
individual has achieved compliance with
the requirements under this paragraph.
``(III) Limitation on appeal.--A
revocation of the authority granted
under subparagraph (A) shall not be
subject to administrative, judicial, or
other review, unless the revocation
results in an adverse action. Such an
adverse action may, at the election of
the applicable individual, be reviewed
in accordance with the otherwise
applicable procedures.
``(C) Semiannual certification of program.--
``(i) In general.--Before the first grant of
authority under subparagraph (A), and semiannually
thereafter as part of the report under section 5
of the Inspector General Act of 1978 (5 U.S.C.
App.), the Inspector General shall submit to the
appropriate committees of Congress a written
certification that adequate internal safeguards
and management procedures exist that, except to
the extent the Inspector General determines
necessary to effectively carry out the duties of
the Office of the Inspector General, are in
compliance with standards established by the
Council of the Inspectors General on Integrity and
Efficiency, which incorporate Department of
Justice guidelines, to ensure proper exercise of
the powers authorized under this paragraph.
``(ii) Suspension of authority.--The authority
granted under this paragraph (including any grant
of authority to an individual under subparagraph
(A), without regard to whether the individual is
in compliance with subparagraph (B)) may be
suspended by the Inspector General if the Office
of Inspector General fails to comply with the
reporting and review requirements under clause (i)
of this subparagraph or subparagraph
(D). <<NOTE: Reports.>> Any suspension of
authority under this
[[Page 133 STAT. 3214]]
clause shall be reported to the appropriate
committees of Congress.
``(D) Peer review.--To ensure the proper exercise of
the law enforcement powers authorized under this
paragraph, the Office of Inspector General shall submit
to and participate in the external review process
established by the Council of the Inspectors General on
Integrity and Efficiency for ensuring that adequate
internal safeguards and management procedures continue
to exist. Under the review process, the exercise of the
law enforcement powers by the Office of Inspector
General shall be reviewed periodically by another Office
of Inspector General or by a committee of Inspectors
General. <<NOTE: Notification.>> The results of each
review shall be communicated in writing to the Inspector
General, the Council of the Inspectors General on
Integrity and Efficiency, and the appropriate committees
of Congress.
``(E) Alleged misconduct.--Any allegation of
misconduct by an individual granted authority under
subparagraph (A) may be reviewed by the Integrity
Committee of the Council of the Inspectors General on
Integrity and Efficiency.
``(F) <<NOTE: Definition.>> Appropriate committees
of congress.--In this paragraph, the term `appropriate
committees of Congress' means--
``(i) the Committee on Rules and
Administration and the Committee on Appropriations
of the Senate; and
``(ii) the Committee on House Administration
and the Committee on Appropriations of the House
of Representatives.''.
(b) Architect of the Capitol.--Section 1301(d) of the Architect of
the Capitol Inspector General Act of 2007 (2 U.S.C. 1808(d)) is amended
by adding at the end the following:
``(3) Law enforcement authority.--
``(A) In general.--Subject to subparagraph (B), any
supervisory special agent under the Inspector General
and any special agent supervised by such a supervisory
special agent is authorized to--
``(i) make an arrest without a warrant while
engaged in official duties as authorized under
this section or any other statute for any offense
against the United States committed in the
presence of such supervisory special agent or
special agent, or for any felony cognizable under
the laws of the United States if such supervisory
special agent or special agent has reasonable
grounds to believe that the person to be arrested
has committed or is committing such felony;
``(ii) seek and execute warrants for arrest,
search of a premises, or seizure of evidence
issued under the authority of the United States
upon probable cause to believe that a violation
has been committed; and
``(iii) carry a firearm while engaged in
official duties as authorized under this section
or any other statute.
``(B) Requirements to exercise authority.--
``(i) Required certification.--
[[Page 133 STAT. 3215]]
``(I) In general.--In order to
exercise the authority under
subparagraph (A), a supervisory special
agent or a special agent supervised by
such a supervisory special agent shall
certify that he or she--
``(aa) is a citizen of the
United States;
``(bb) has successfully
completed a basic law
enforcement training program or
military or other equivalent;
and
``(cc) is not prohibited
from receiving a firearm under
Federal law, including under
section 922(g)(9) of title 18,
United States Code, because of a
conviction of a misdemeanor
crime of domestic violence.
``(II) <<NOTE: Notification.>> Additional
requirements.--After providing notice
to the appropriate committees of
Congress, the Inspector General may add
requirements to the certification
required under subclause (I), as
determined appropriate by the Inspector
General.
``(ii) Maintenance of requirements.--The
Inspector General shall maintain firearms-related
requirements (including quarterly firearms
qualifications) and use of force training
requirements that, except to the extent the
Inspector General determines necessary to
effectively carry out the duties of the Office of
the Inspector General, are in accordance with the
Council of the Inspectors General on Integrity and
Efficiency use of force policies, which
incorporate Department of Justice guidelines.
``(iii) Eligibility determination.--
``(I) In general.--The Inspector
General shall--
``(aa) determine whether an
individual meets the
requirements under this
paragraph; and
``(bb) revoke any authority
granted to an individual under
subparagraph (A) if the
individual is not in compliance
with the requirements of this
paragraph.
``(II) Reauthorization.--The
Inspector General may reauthorize an
individual to exercise the authority
granted under subparagraph (A) if the
Inspector General determines the
individual has achieved compliance with
the requirements under this paragraph.
``(III) Limitation on appeal.--A
revocation of the authority granted
under subparagraph (A) shall not be
subject to administrative, judicial, or
other review, unless the revocation
results in an adverse action. Such an
adverse action may, at the election of
the applicable individual, be reviewed
in accordance with the otherwise
applicable procedures.
``(C) Semiannual certification of program.--
``(i) <<NOTE: Compliance.>> In general.--
Before the first grant of authority under
subparagraph (A), and semiannually
[[Page 133 STAT. 3216]]
thereafter as part of the report under section 5
of the Inspector General Act of 1978 (5 U.S.C.
App.), the Inspector General shall submit to the
appropriate committees of Congress a written
certification that adequate internal safeguards
and management procedures exist that, except to
the extent the Inspector General determines
necessary to effectively carry out the duties of
the Office of the Inspector General, are in
compliance with standards established by the
Council of the Inspectors General on Integrity and
Efficiency, which incorporate Department of
Justice guidelines, to ensure proper exercise of
the powers authorized under this paragraph.
``(ii) Suspension of authority.--The authority
granted under this paragraph (including any grant
of authority to an individual under subparagraph
(A), without regard to whether the individual is
in compliance with subparagraph (B)) may be
suspended by the Inspector General if the Office
of Inspector General fails to comply with the
reporting and review requirements under clause (i)
of this subparagraph or subparagraph (D). Any
suspension <<NOTE: Reports.>> of authority under
this clause shall be reported to the appropriate
committees of Congress.
``(D) Peer review.--To ensure the proper exercise of
the law enforcement powers authorized under this
paragraph, the Office of Inspector General shall submit
to and participate in the external review process
established by the Council of the Inspectors General on
Integrity and Efficiency for ensuring that adequate
internal safeguards and management procedures continue
to exist. Under the review process, the exercise of the
law enforcement powers by the Office of Inspector
General shall be reviewed periodically by another Office
of Inspector General or by a committee of Inspectors
General. The results of each review shall be
communicated in writing to the Inspector General, the
Council of the Inspectors General on Integrity and
Efficiency, and the appropriate committees of Congress.
``(E) Alleged misconduct.--Any allegation of
misconduct by an individual granted authority under
subparagraph (A) may be reviewed by the Integrity
Committee of the Council of the Inspectors General on
Integrity and Efficiency.
``(F) <<NOTE: Definition.>> Appropriate committees
of congress.--In this paragraph, the term `appropriate
committees of Congress' means--
``(i) the Committee on Rules and
Administration and the Committee on Appropriations
of the Senate; and
``(ii) the Committee on House Administration
and the Committee on Appropriations of the House
of Representatives.''.
(c) Government Publishing Office.--Section 3903 of title 44, United
States Code, is amended is amended by adding at the end the following:
[[Page 133 STAT. 3217]]
``(c)(1) Subject to paragraph (2), any supervisory special agent
under the Inspector General and any special agent supervised by such a
supervisory special agent is authorized to--
``(A) make an arrest without a warrant while engaged in
official duties as authorized under this chapter or any other
statute for any offense against the United States committed in
the presence of such supervisory special agent or special agent,
or for any felony cognizable under the laws of the United States
if such supervisory special agent or special agent has
reasonable grounds to believe that the person to be arrested has
committed or is committing such felony;
``(B) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority of
the United States upon probable cause to believe that a
violation has been committed; and
``(C) carry a firearm while engaged in official duties as
authorized under this chapter or any other statute.
``(2)(A)(i) <<NOTE: Certification.>> In order to exercise the
authority under paragraph (1), a supervisory special agent or a special
agent supervised by such a supervisory special agent shall certify that
he or she--
``(I) is a citizen of the United States;
``(II) has successfully completed a basic law enforcement
training program or military or other equivalent; and
``(III) is not prohibited from receiving a firearm under
Federal law, including under section 922(g)(9) of title 18,
United States Code, because of a conviction of a misdemeanor
crime of domestic violence.
``(ii) <<NOTE: Notification.>> After providing notice to the
appropriate committees of Congress, the Inspector General may add
requirements to the certification required under clause (i), as
determined appropriate by the Inspector General.
``(B) The Inspector General shall maintain firearms-related
requirements (including quarterly firearms qualifications) and use of
force training requirements that, except to the extent the Inspector
General determines necessary to effectively carry out the duties of the
Office of the Inspector General, are in accordance with the Council of
the Inspectors General on Integrity and Efficiency use of force
policies, which incorporate Department of Justice guidelines.
``(C)(i) The Inspector General shall--
``(I) <<NOTE: Determination.>> determine whether an
individual meets the requirements under this subsection; and
``(II) revoke any authority granted to an individual under
paragraph (1) if the individual is not in compliance with the
requirements of this subsection.
``(ii) <<NOTE: Determination.>> The Inspector General may
reauthorize an individual to exercise the authority granted under
paragraph (1) if the Inspector General determines the individual has
achieved compliance with the requirements under this subsection.
``(iii) A revocation of the authority granted under paragraph (1)
shall not be subject to administrative, judicial, or other review,
unless the revocation results in an adverse action. Such an adverse
action may, at the election of the applicable individual, be reviewed in
accordance with the otherwise applicable procedures.
``(3)(A) Before the first grant of authority <<NOTE: Time
period. Certification. Compliance.>> under paragraph (1), and
semiannually thereafter as part of the report under section 5 of the
Inspector General Act of 1978 (5 U.S.C. App.), the Inspector
[[Page 133 STAT. 3218]]
General shall submit to the appropriate committees of Congress a written
certification that adequate internal safeguards and management
procedures exist that, except to the extent the Inspector General
determines necessary to effectively carry out the duties of the Office
of the Inspector General, are in compliance with standards established
by the Council of the Inspectors General on Integrity and Efficiency,
which incorporate Department of Justice guidelines, to ensure proper
exercise of the powers authorized under this subsection.
``(B) The authority granted under this subsection (including any
grant of authority to an individual under paragraph (1), without regard
to whether the individual is in compliance with paragraph (2)) may be
suspended by the Inspector General if the Office of Inspector General
fails to comply with the reporting and review requirements under
subparagraph (A) of this paragraph or paragraph (4). <<NOTE: Reports.>>
Any suspension of authority under this subparagraph shall be reported to
the appropriate committees of Congress.
``(4) <<NOTE: Review.>> To ensure the proper exercise of the law
enforcement powers authorized under this subsection, the Office of
Inspector General shall submit to and participate in the external review
process established by the Council of the Inspectors General on
Integrity and Efficiency for ensuring that adequate internal safeguards
and management procedures continue to exist. Under the review process,
the exercise of the law enforcement powers by the Office of Inspector
General shall be reviewed periodically by another Office of Inspector
General or by a committee of Inspectors General. The results
of <<NOTE: Notification.>> each review shall be communicated in writing
to the Inspector General, the Council of the Inspectors General on
Integrity and Efficiency, and the appropriate committees of Congress.
``(5) Any allegation of misconduct by an individual granted
authority under paragraph (1) may be reviewed by the Integrity Committee
of the Council of the Inspectors General on Integrity and Efficiency.
``(6) <<NOTE: Definition.>> In this subsection, the term
`appropriate committees of Congress' means--
``(A) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate; and
``(B) the Committee on House Administration and the
Committee on Appropriations of the House of Representatives.''.
SEC. 1604. BUDGET INDEPENDENCE.
(a) Library of Congress.--
(1) Authority.--Section 1307(d) of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 185(d)), as amended by
section 1603 of this Act, is amended by adding at the end the
following:
``(4) Budget independence.--The Librarian of Congress shall
include the annual budget request of the Inspector General in
the budget of the Library of Congress without change.''.
(b) Office of the Architect of the Capitol.--Section 1301(d) of the
Architect of the Capitol Inspector General Act of 2007 (2 U.S.C.
1808(d)), as amended by section 1603 of this Act, is amended by adding
at the end the following:
[[Page 133 STAT. 3219]]
``(4) Budget independence.--The Architect of the Capitol
shall include the annual budget request of the Inspector General
in the budget of the Office of the Architect of the Capitol
without change.''.
(c) Government Publishing Office.--Section 3903 of title 44, United
States Code, as amended by section 1603 of this Act, is amended by
adding at the end the following:
``(d) The Director of the Government Publishing Office shall include
the annual budget request of the Inspector General in the budget of the
Government Publishing Office without change.''.
(d) Separate Allocations.--
(1) Legislative branch instrumentality defined.--In this
subsection, the term ``legislative branch instrumentality''
means the Library of Congress, the Office of the Architect of
the Capitol, or the Government Publishing Office.
(2) Allocation.--For fiscal year 2021, and each fiscal year
thereafter, Congress shall provide, within the amounts made
available for salaries and expenses of each legislative branch
instrumentality, a separate allocation of amounts for salaries
and expenses of the Office of the Inspector General of the
covered legislative branch instrumentality.
SEC. 1605. HIRING AUTHORITY.
(a) Library of Congress.--Section 1307(d)(2) of the Legislative
Branch Appropriations Act, 2006 (2 U.S.C. 185(d)(2)) is amended--
(1) by striking ``The Inspector'' and inserting the
following:
``(A) In general.--The Inspector'';
(2) in subparagraph (A), as so designated, by inserting ``,
without the supervision or approval of any other employee,
office, or other entity within the Library of Congress,'' after
``is authorized''; and
(3) by adding at the end the following:
``(B) Security and suitability.--Appointments under
the authority under subparagraph (A) shall be made
consistent with personnel security and suitability
requirements.
``(C) Consultants.--Any appointment of a consultant
under the authority under subparagraph (A) shall be made
consistent with section 6(a)(8) of the Inspector General
Act of 1978 (5 U.S.C. App.).''.
(b) Office of the Architect of the Capitol.--Section 1301(d)(2) of
the Architect of the Capitol Inspector General Act of 2007 (2 U.S.C.
1808(d)(2)) is amended--
(1) by striking ``The Inspector'' and inserting the
following:
``(A) In general.--The Inspector'';
(2) in subparagraph (A), as so designated, by inserting ``,
without the supervision or approval of any other employee,
office, or other entity within the Office of the Architect of
the Capitol,'' after ``is authorized''; and
(3) by adding at the end the following:
``(B) Security and suitability.--Appointments under
the authority under subparagraph (A) shall be made
consistent with personnel security and suitability
requirements.
``(C) Consultants.--Any appointment of a consultant
under the authority under subparagraph (A) shall be made
[[Page 133 STAT. 3220]]
consistent with section 6(a)(8) of the Inspector General
Act of 1978 (5 U.S.C. App.).''.
(c) Government Publishing Office.--Section 3903(b) of title 44,
United States Code, is amended--
(1) by inserting ``(1)'' before ``The Inspector'';
(2) in paragraph (1), as so designated, by inserting ``,
without the supervision or approval of any other employee,
office, or other entity within the Government Publishing
Office,'' after ``is authorized''; and
(3) by adding at the end the following:
``(2) Appointments under the authority under paragraph (1) shall be
made consistent with personnel security and suitability requirements.
``(3) Any appointment of a consultant under the authority under
paragraph (1) shall be made consistent with section 6(a)(8) of the
Inspector General Act of 1978 (5 U.S.C. App.).''.
TITLE XVII--MANAGING POLITICAL FUND ACTIVITY
SEC. 1701. <<NOTE: 2 USC 6131 note.>> MANAGING POLITICAL FUND
ACTIVITY.
The Majority Leader and the Minority Leader may each designate up to
2 employees of their respective leadership office staff as designees
referred to in the second sentence of paragraph 1 of rule XLI of the
Standing Rules of the Senate.
TITLE XVIII-- <<NOTE: Kentucky Wildlands National Heritage Area Study
Act.>> KENTUCKY WILDLANDS NATIONAL HERITAGE AREA STUDY
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Kentucky Wildlands National
Heritage Area Study Act''.
SEC. 1802. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Kentucky Wildlands National Heritage Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Kentucky.
(4) Study area.--The term ``study area'' means--
(A) Adair, Bath, Bell, Boyd, Breathitt, Carter,
Casey, Clay, Clinton, Cumberland, Elliott, Floyd, Green,
Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence,
Lee, Leslie, Letcher, Lincoln, Magoffin, Martin,
McCreary, Menifee, Metcalfe, Monroe, Morgan, Owsley,
Perry, Pike, Pulaski, Rockcastle, Rowan, Russell, Wayne,
Whitley, and Wolfe Counties in the State; and
(B) any other areas in the State that--
(i) have heritage aspects that are similar to
the heritage aspects of the areas described in
subparagraph (A); and
(ii) are adjacent to, or in the vicinity of,
the areas described in that subparagraph.
[[Page 133 STAT. 3221]]
SEC. 1803. STUDY.
(a) <<NOTE: Consultation.>> In General.--The Secretary, in
consultation with State and local historic preservation officers, State
and local historical societies, State and local tourism offices, and
other appropriate organizations and governmental agencies, shall conduct
a study to assess the suitability and feasibility of designating the
study area as a National Heritage Area, to be known as the ``Kentucky
Wildlands National Heritage Area''.
(b) <<NOTE: Analysis. Determinations.>> Requirements.--The study
shall include analysis, documentation, and determinations on whether the
study area--
(1) has an assemblage of natural, historic, and cultural
resources that--
(A) represent distinctive aspects of the heritage of
the United States;
(B) are worthy of recognition, conservation,
interpretation, and continuing use; and
(C) would be best managed--
(i) through partnerships among public and
private entities; and
(ii) by linking diverse and sometimes
noncontiguous resources and active communities;
(2) reflects traditions, customs, beliefs, and folklife that
are a valuable part of the story of the United States;
(3) provides outstanding opportunities--
(A) to conserve natural, historic, cultural, or
scenic features; and
(B) for recreation and education;
(4) contains resources that--
(A) are important to any identified themes of the
study area; and
(B) retain a degree of integrity capable of
supporting interpretation;
(5) includes residents, business interests, nonprofit
organizations, and State and local governments that--
(A) are involved in the planning of the Heritage
Area;
(B) have developed a conceptual financial plan that
outlines the roles of all participants in the Heritage
Area, including the Federal Government; and
(C) have demonstrated support for the designation of
the Heritage Area;
(6) has a potential management entity to work in partnership
with the individuals and entities described in paragraph (5) to
develop the Heritage Area while encouraging State and local
economic activity;
(7) could impact the rights of private property owners with
respect to private property; and
(8) has a conceptual boundary map that is supported by the
public.
SEC. 1804. REPORT.
Not later than 3 years after the date on which funds are first made
available to carry out this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that describes--
(1) the findings of the study under section 1803; and
(2) <<NOTE: Recommenda- tions.>> any conclusions and
recommendations of the Secretary.
[[Page 133 STAT. 3222]]
TITLE XIX--INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
SEC. 1901. INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT.
The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended
by adding at the end the following new section:
``SEC. 73. <<NOTE: 22 USC 286zz.>> CAPITAL STOCK INCREASES.
``(a) Increases Authorized.--The United States Governor of the Bank
is authorized--
``(1)(A) to vote in favor of a resolution to increase the
capital stock of the Bank on a selective basis by 245,773
shares; and
``(B) to subscribe on behalf of the United States to 42,298
additional shares of the capital stock of the Bank, as part of
the selective increase in the capital stock of the Bank, except
that any subscription to such additional shares shall be
effective only to the extent or in such amounts as are provided
in advance in appropriations Acts; and
``(2)(A) to vote in favor of a resolution to increase the
capital stock of the Bank on a general basis by 230,500 shares;
and
``(B) to subscribe on behalf of the United States to 38,662
additional shares of the capital stock of the Bank, as part of
the general increase in the capital stock of the Bank, except
that any subscription to such additional shares shall be
effective only to the extent or in such amounts as are provided
in advance in appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--(1) In order
to pay for the increase in the United States subscription to the Bank
under subsection (a)(2)(B), there are authorized to be appropriated,
without fiscal year limitation, $4,663,990,370 for payment by the
Secretary of the Treasury.
``(2) Of the amount authorized to be appropriated under paragraph
(1), $932,798,074 shall be for paid in shares of the Bank, and
$3,731,192,296 shall be for callable shares of the Bank.
``(3) In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(1)(B), there are
authorized to be appropriated, without fiscal year limitation
$5,102,619,230 for payment by the Secretary of the Treasury.
``(4) Of the amount authorized to be appropriated under paragraph
(3), $306,157,153.80 shall be for paid in shares of the Bank, and
$4,796,462,076.20 shall be for callable shares of the Bank.''.
TITLE XX-- <<NOTE: European Energy Security and Diversification Act of
2019.>> EUROPEAN ENERGY SECURITY AND DIVERSIFICATION ACT OF 2019
SEC. 2001. <<NOTE: 22 USC 9501 note.>> SHORT TITLE.
This title may be cited as the ``European Energy Security and
Diversification Act of 2019''.
[[Page 133 STAT. 3223]]
SEC. 2002. <<NOTE: 22 USC 9561.>> DEFINITIONS.
In this title:
(1) Early-stage project support.--The term ``early-stage
project support'' includes--
(A) feasibility studies;
(B) resource evaluations;
(C) project appraisal and costing;
(D) pilot projects;
(E) commercial support, such as trade missions,
reverse trade missions, technical workshops,
international buyer programs, and international partner
searchers to link suppliers to projects;
(F) technical assistance and other guidance to
improve the local regulatory environment and market
frameworks to encourage transparent competition and
enhance energy security; and
(G) long-term energy sector planning.
(2) Late-stage project support.--The term ``late-stage
project support'' includes debt financing, insurance, and
transaction advisory services.
SEC. 2003. <<NOTE: 22 USC 9562.>> STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that the United
States has economic and national security interests in assisting
European and Eurasian countries achieve energy security through
diversification of their energy sources and supply routes.
(b) Statement of Policy.--It is the policy of the United States--
(1) to advance United States foreign policy and development
goals by assisting European and Eurasian countries to reduce
their dependence on energy resources from countries that use
energy dependence for undue political influence, such as the
Russian Federation, which has used natural gas to coerce,
intimidate, and influence other countries;
(2) to promote the energy security of allies and partners of
the United States by encouraging the development of accessible,
transparent, and competitive energy markets that provide
diversified sources, types, and routes of energy;
(3) to encourage United States public and private sector
investment in European energy infrastructure projects to bridge
the gap between energy security requirements and commercial
demand in a way that is consistent with the region's absorptive
capacity; and
(4) to help facilitate the export of United States energy
resources, technology, and expertise to global markets in a way
that benefits the energy security of allies and partners of the
United States, including in Europe and Eurasia.
SEC. 2004. <<NOTE: 22 USC 9563.>> PRIORITIZATION OF EFFORTS AND
ASSISTANCE FOR ENERGY INFRASTRUCTURE
PROJECTS IN EUROPE AND EURASIA.
(a) <<NOTE: Consultation.>> In General.--In pursuing the policy
described in section 2003, the Secretary of State, in consultation with
the Secretary of Energy and the heads of other relevant United States
agencies, shall, as appropriate, prioritize and expedite the efforts of
the Department of State and those agencies in supporting the efforts
[[Page 133 STAT. 3224]]
of the European Commission and the governments of European and Eurasian
countries to increase their energy security, including through--
(1) providing diplomatic and political support to the
European Commission and those governments, as necessary--
(A) to facilitate international negotiations
concerning cross-border infrastructure;
(B) to enhance Europe's regulatory environment with
respect to energy; and
(C) to develop accessible, transparent, and
competitive energy markets supplied by diverse sources,
types, and routes of energy; and
(2) providing support to improve European and Eurasian
energy markets, including early-stage project support and late-
stage project support for the construction or improvement of
energy and related infrastructure, as necessary--
(A) to diversify the energy sources and supply
routes of European and Eurasian countries;
(B) to enhance energy market integration across the
region; and
(C) to increase competition within energy markets.
(b) Project Selection.--
(1) In general.--The agencies described in subsection (a)
shall identify energy infrastructure projects that would be
appropriate for United States assistance under this section.
(2) Project eligibility.--A project is eligible for United
States assistance under this section if the project--
(A)(i) improves electricity transmission
infrastructure, power generation through the use of a
broad power mix (including fossil fuel and renewable
energy), or energy efficiency; or
(ii) advances electricity storage projects, smart
grid projects, distributed generation models, or other
technological innovations, as appropriate; and
(B) is located in a European or Eurasian country.
(3) Preference.--In selecting among projects that are
eligible under paragraph (2), the agencies described in
subsection (a) shall give preference to projects that--
(A) link the energy systems of 2 or more European or
Eurasian countries;
(B) have already been identified by the European
Commission as being integral for the energy security of
European countries;
(C) are expected to enhance energy market
integration;
(D) can attract funding from the private sector, an
international financial institution, the government of
the country in which the project will be carried out, or
the European Commission; or
(E) have the potential to use United States goods
and services during project implementation.
(c) Types of Assistance.--
(1) Diplomatic and political support.--The Secretary of
State shall provide diplomatic and political support to the
European Commission and the governments of European and Eurasian
countries, as necessary, including by using the diplomatic and
political influence and expertise of the Department of State to
build the capacity of those countries to resolve
[[Page 133 STAT. 3225]]
any impediments to the development of projects selected under
subsection (b).
(2) Early-stage project support.--The Director of the Trade
and Development Agency shall provide early-stage project support
with respect to projects selected under subsection (b), as
necessary.
(3) Late-stage project support.--Agencies described in
subsection (a) that provide late-stage project support shall do
so with respect to projects selected under subsection (b), as
necessary.
(d) Funding.--
(1) Trade and development agency.--Section 661(f)(1)(A) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)(1)(A)) is
amended by striking ``$48,000,000 for fiscal year 2000'' and
inserting ``$79,500,000 for fiscal year 2020''.
(2) Countering russian influence fund.--Section 254 of the
Countering Russian Influence in Europe and Eurasia Act of 2017
(22 U.S.C. 9543) is amended--
(A) in subsection (a), by striking ``fiscal years
2018 and 2019'' and inserting ``fiscal years 2020, 2021,
2022, and 2023''; and
(B) in subsection (b), by adding at the end the
following new paragraph:
``(7) To assist United States agencies that operate under
the foreign policy guidance of the Secretary of State in
providing assistance under section 2004 of the European Energy
Security and Diversification Act of 2019.''.
(e) Exception From Certain Limitation Under BUILD Act.--
(1) In general.--For purposes of providing support for
projects under this section--
(A) the United States International Development
Finance Corporation may provide support for projects in
countries with upper-middle-income economies or high-
income economies (as those terms are defined by the
World Bank);
(B) the restriction under section 1412(c)(2) of the
Better Utilization of Investments Leading to Development
Act of 2018 (22 U.S.C. 9612(c)(2)) shall not apply; and
(C) the Corporation shall restrict the provision of
such support in a country described in subparagraph (A)
unless--
(i) <<NOTE: President. Certification.>> the
President certifies to the appropriate
congressional committees that such support
furthers the national economic or foreign policy
interests of the United States; and
(ii) such support is--
(I) designed to produce significant
developmental outcomes or provide
developmental benefits to the poorest
population of that country; or
(II) necessary to preempt or counter
efforts by a strategic competitor of the
United States to secure significant
political or economic leverage or
acquire national security-sensitive
technologies or infrastructure in a
country that is an ally or partner of
the United States.
[[Page 133 STAT. 3226]]
(2) Definitions.--In this subsection, the terms
``appropriate congressional committees'' and ``less developed
country'' have the meanings given those terms in section 1402 of
the Better Utilization of Investments Leading to Development Act
of 2018 (22 U.S.C. 9601).
SEC. 2005. <<NOTE: President. 22 USC 9564.>> PROGRESS REPORTS.
Not later than one year after the date of the enactment of this Act,
and annually thereafter, the President shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report on progress made in providing
assistance for projects under section 2004 that includes--
(1) a description of the energy infrastructure projects the
United States has identified for such assistance; and
(2) for each such project--
(A) a description of the role of the United States
in the project, including in early-stage project support
and late-stage project support;
(B) the amount and form of any debt financing and
insurance provided by the United States Government for
the project;
(C) the amount and form of any early-stage project
support; and
(D) an update on the progress made on the project as
of the date of the report.
DIVISION Q-- <<NOTE: Taxpayer Certainty and Disaster Tax Relief Act of
2019.>> REVENUE PROVISIONS
SECTION 1. <<NOTE: 26 USC 1 note.>> SHORT TITLE; ETC.
(a) Short Title.--This division may be cited as the ``Taxpayer
Certainty and Disaster Tax Relief Act of 2019''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; etc.
TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Tax Relief and Support for Families and Individuals
Sec. 101. Exclusion from gross income of discharge of qualified
principal residence indebtedness.
Sec. 102. Treatment of mortgage insurance premiums as qualified
residence interest.
Sec. 103. Reduction in medical expense deduction floor.
Sec. 104. Deduction of qualified tuition and related expenses.
Sec. 105. Black lung disability trust fund excise tax.
Subtitle B--Incentives for Employment, Economic Growth, and Community
Development
Sec. 111. Indian employment credit.
Sec. 112. Railroad track maintenance credit.
Sec. 113. Mine rescue team training credit.
Sec. 114. Classification of certain race horses as 3-year property.
Sec. 115. 7-year recovery period for motorsports entertainment
complexes.
Sec. 116. Accelerated depreciation for business property on Indian
reservations.
Sec. 117. Expensing rules for certain productions.
Sec. 118. Empowerment zone tax incentives.
Sec. 119. American Samoa economic development credit.
Subtitle C--Incentives for Energy Production, Efficiency, and Green
Economy Jobs
Sec. 121. Biodiesel and renewable diesel.
[[Page 133 STAT. 3227]]
Sec. 122. Second generation biofuel producer credit.
Sec. 123. Nonbusiness energy property.
Sec. 124. Qualified fuel cell motor vehicles.
Sec. 125. Alternative fuel refueling property credit.
Sec. 126. 2-wheeled plug-in electric vehicle credit.
Sec. 127. Credit for electricity produced from certain renewable
resources.
Sec. 128. Production credit for Indian coal facilities.
Sec. 129. Energy efficient homes credit.
Sec. 130. Special allowance for second generation biofuel plant
property.
Sec. 131. Energy efficient commercial buildings deduction.
Sec. 132. Special rule for sales or dispositions to implement FERC or
State electric restructuring policy for qualified electric
utilities.
Sec. 133. Extension and clarification of excise tax credits relating to
alternative fuels.
Sec. 134. Oil spill liability trust fund rate.
Subtitle D--Certain Provisions Expiring at the End of 2019
Sec. 141. New markets tax credit.
Sec. 142. Employer credit for paid family and medical leave.
Sec. 143. Work opportunity credit.
Sec. 144. Certain provisions related to beer, wine, and distilled
spirits.
Sec. 145. Look-thru rule for related controlled foreign corporations.
Sec. 146. Credit for health insurance costs of eligible individuals.
TITLE II--DISASTER TAX RELIEF
Sec. 201. Definitions.
Sec. 202. Special disaster-related rules for use of retirement funds.
Sec. 203. Employee retention credit for employers affected by qualified
disasters.
Sec. 204. Other disaster-related tax relief provisions.
Sec. 205. Automatic extension of filing deadlines in case of certain
taxpayers affected by Federally declared disasters.
Sec. 206. Modification of the tax rate for the excise tax on investment
income of private foundations.
Sec. 207. Additional low-income housing credit allocations for qualified
2017 and 2018 California disaster areas.
Sec. 208. Treatment of certain possessions.
TITLE III--OTHER PROVISIONS
Sec. 301. Modification of income for purposes of determining tax-exempt
status of certain mutual or cooperative telephone or electric
companies.
Sec. 302. Repeal of increase in unrelated business taxable income for
certain fringe benefit expenses.
(c) Amendment of 1986 Code.--Except as otherwise expressly provided,
whenever in this division an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision
of the Internal Revenue Code of 1986.
TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Tax Relief and Support for Families and Individuals
SEC. 101. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED
PRINCIPAL RESIDENCE INDEBTEDNESS.
(a) In General.--Section 108(a)(1)(E) <<NOTE: 26 USC 108.>> is
amended by striking ``January 1, 2018'' each place it appears and
inserting ``January 1, 2021''.
(b) Conforming Amendment.--Section 108(h)(2) is amended by inserting
``and determined without regard to the substitution described in section
163(h)(3)(F)(i)(II)'' after ``clause (ii) thereof''.
[[Page 133 STAT. 3228]]
(c) <<NOTE: 26 USC 108 note.>> Effective Date.--The amendments made
by this section shall apply to discharges of indebtedness after December
31, 2017.
SEC. 102. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED
RESIDENCE INTEREST.
(a) In General.--Section 163(h)(3)(E)(iv)(I) <<NOTE: 26 USC 163.>>
is amended by striking ``December 31, 2017'' and inserting ``December
31, 2020''.
(b) <<NOTE: 26 USC 163 note.>> Effective Date.--The amendment made
by this section shall apply to amounts paid or accrued after December
31, 2017.
SEC. 103. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.
(a) In General.--Section 213(f) is amended to read as follows:
``(f) <<NOTE: Effective date. Applicability.>> Temporary Special
Rule.--In the case of taxable years beginning before January 1, 2021,
subsection (a) shall be applied with respect to a taxpayer by
substituting `7.5 percent' for `10 percent'.''.
(b) Alternative Minimum Tax.--Section 56(b)(1) is amended by
striking subparagraph (B) and by redesignating subparagraphs (C), (D),
(E), and (F), as subparagraphs (B), (C), (D), and (E), respectively.
(c) <<NOTE: 26 USC 56 note.>> Effective Date.--The amendments made
by this section shall apply to taxable years ending after December 31,
2018.
SEC. 104. DEDUCTION OF QUALIFIED TUITION AND RELATED EXPENSES.
(a) In General.--Section 222(e) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 222 note.>> Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2017.
SEC. 105. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.
(a) In General.--Section 4121(e)(2)(A) is amended by striking
``December 31, 2018'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 4121 note.>> Effective Date.--The amendment made
by this section shall apply on and after the first day of the first
calendar month beginning after the date of the enactment of this Act.
Subtitle B--Incentives for Employment, Economic Growth, and Community
Development
SEC. 111. INDIAN EMPLOYMENT CREDIT.
(a) In General.--Section 45A(f) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 45A note.>> Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2017.
SEC. 112. RAILROAD TRACK MAINTENANCE CREDIT.
(a) In General.--Section 45G(f) is amended by striking ``January 1,
2018'' and inserting ``January 1, 2023''.
(b) <<NOTE: Time period. Deadline. 26 USC 45G note.>> Safe Harbor
Assignments.--Any assignment, including related expenditures paid or
incurred, under section 45G(b)(2) of the Internal Revenue Code of 1986
for a taxable year beginning on or after January 1, 2018, and ending
before January 1, 2020, shall be treated as effective as of the close of
such taxable year
[[Page 133 STAT. 3229]]
if made pursuant to a written agreement entered into no later than 90
days following the date of the enactment of this Act.
(c) <<NOTE: 26 USC 45G note.>> Effective Date.--The amendment made
by this section shall apply to expenditures paid or incurred during
taxable years beginning after December 31, 2017.
SEC. 113. MINE RESCUE TEAM TRAINING CREDIT.
(a) In General.--Section 45N(e) <<NOTE: 26 USC 45N.>> is amended by
striking ``December 31, 2017'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 45N note.>> Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2017.
SEC. 114. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR
PROPERTY.
(a) In General.--Section 168(e)(3)(A)(i) is amended--
(1) by striking ``January 1, 2018'' in subclause (I) and
inserting ``January 1, 2021'', and
(2) by striking ``December 31, 2017'' in subclause (II) and
inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 168 note.>> Effective Date.--The amendments made
by this section shall apply to property placed in service after December
31, 2017.
SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT
COMPLEXES.
(a) In General.--Section 168(i)(15)(D) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 168 note.>> Effective Date.--The amendment made
by this section shall apply to property placed in service after December
31, 2017.
SEC. 116. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN
RESERVATIONS.
(a) In General.--Section 168(j)(9) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 168 note.>> Effective Date.--The amendment made
by this section shall apply to property placed in service after December
31, 2017.
SEC. 117. EXPENSING RULES FOR CERTAIN PRODUCTIONS.
(a) In General.--Section 181(g) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 181 note.>> Effective Date.--The amendment made
by this section shall apply to productions commencing after December 31,
2017.
SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.
(a) In General.--Section 1391(d)(1)(A)(i) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Treatment of Certain Termination Dates Specified in
Nominations.--In <<NOTE: 26 USC 1391 note.>> the case of a designation
of an empowerment zone the nomination for which included a termination
date which is contemporaneous with the date specified in subparagraph
(A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in
effect before the enactment of this Act), subparagraph (B) of such
section shall not apply with respect to such designation if, after the
date of the enactment of this section, the entity which made such
nomination amends the nomination to provide for a new termination date
in such manner as the Secretary of the Treasury (or the Secretary's
designee) may provide.
(c) <<NOTE: 26 USC 1391 note.>> Effective Date.--The amendment made
by subsection (a) shall apply to taxable years beginning after December
31, 2017.
[[Page 133 STAT. 3230]]
SEC. 119. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
(a) In General.--Section 119(d) of division A of the Tax Relief and
Health Care Act of 2006 <<NOTE: 26 USC 30A note.>> is amended--
(1) by striking ``January 1, 2018'' each place it appears
and inserting ``January 1, 2021'',
(2) by striking ``first 12 taxable years'' in paragraph (1)
and inserting ``first 15 taxable years'',
(3) by striking ``first 6 taxable years'' in paragraph (2)
and inserting ``first 9 taxable years'', and
(4) by adding at the end the following flush sentence:
``In the case of a corporation described in subsection (a)(2), the
Internal Revenue Code of 1986 shall be applied and administered without
regard to the amendments made by section 401(d)(1) of the Tax Technical
Corrections Act of 2018.''.
(b) Conforming Amendment.--Section 119(e) of division A of the Tax
Relief and Health Care Act of 2006 is amended by inserting ``(as in
effect before its repeal)'' after ``section 199 of the Internal Revenue
Code of 1986''.
(c) <<NOTE: 26 USC 30A note.>> Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2017.
Subtitle C--Incentives for Energy Production, Efficiency, and Green
Economy Jobs
SEC. 121. BIODIESEL AND RENEWABLE DIESEL.
(a) Income Tax Credit.--
(1) In general.--Section 40A(g) <<NOTE: 26 USC 40A.>> is
amended by striking ``December 31, 2017'' and inserting
``December 31, 2022''.
(2) <<NOTE: 26 USC 40A note.>> Effective date.--The
amendment made by this subsection shall apply to fuel sold or
used after December 31, 2017.
(b) Excise Tax Incentives.--
(1) Termination.--
(A) In general.--Section 6426(c)(6) is amended by
striking ``December 31, 2017'' and inserting ``December
31, 2022''.
(B) Payments.--Section 6427(e)(6)(B) is amended by
striking ``December 31, 2017'' and inserting ``December
31, 2022''.
(2) <<NOTE: 26 USC 6426 note.>> Effective date.--The
amendments made by this subsection shall apply to fuel sold or
used after December 31, 2017.
(3) <<NOTE: Time period. Deadlines. 26 USC 6426 note.>>
Special rule.--Notwithstanding any other provision of law, in
the case of any biodiesel mixture credit properly determined
under section 6426(c) of the Internal Revenue Code of 1986 for
the period beginning on January 1, 2018, and ending with the
close of the last calendar quarter beginning before the date of
the enactment of this Act, such credit shall be allowed, and any
refund or payment attributable to such credit (including any
payment under section 6427(e) of such Code) shall be made, only
in such manner as the Secretary of the Treasury (or the
Secretary's delegate) shall provide. Such
Secretary <<NOTE: Guidance.>> shall issue guidance within 30
days after the date of the enactment of this Act providing for a
one-time
[[Page 133 STAT. 3231]]
submission of claims covering periods described in the preceding
sentence. Such guidance <<NOTE: Time period.>> shall provide for
a 180-day period for the submission of such claims (in such
manner as prescribed by such Secretary) to begin not later than
30 days after such guidance is issued. Such claims shall be paid
by such Secretary not later than 60 days after receipt. If such
Secretary has not paid pursuant to a claim filed under this
subsection within 60 days after the date of the filing of such
claim, the claim shall be paid with interest from such date
determined by using the overpayment rate and method under
section 6621 of such Code.
SEC. 122. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) In General.--Section 40(b)(6)(J)(i) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2021''.
(b) <<NOTE: 26 USC 40 note.>> Effective Date.--The amendment made
by this section shall apply to qualified second generation biofuel
production after December 31, 2017.
SEC. 123. NONBUSINESS ENERGY PROPERTY.
(a) In General.--Section 25C(g)(2) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) Technical Amendment.--Section 25C(d)(3) is amended--
(1) by striking ``an energy factor of at least 2.0'' in
subparagraph (A) and inserting ``a Uniform Energy Factor of at
least 2.2'', and
(2) by striking ``an energy factor'' in subparagraph (D) and
inserting ``a Uniform Energy Factor''.
(c) <<NOTE: 26 USC 25C note.>> Effective Date.--The amendments made
by this section shall apply to property placed in service after December
31, 2017.
SEC. 124. QUALIFIED FUEL CELL MOTOR VEHICLES.
(a) In General.--Section 30B(k)(1) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 30B note.>> Effective Date.--The amendment made
by this section shall apply to property purchased after December 31,
2017.
SEC. 125. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(g) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 30C note.>> Effective Date.--The amendment made
by this section shall apply to property placed in service after December
31, 2017.
SEC. 126. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.
(a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2021''.
(b) <<NOTE: 26 USC 30D note.>> Effective Date.--The amendment made
by this section shall apply to vehicles acquired after December 31,
2017.
SEC. 127. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES.
(a) In General.--The following provisions of section 45(d) are each
amended by striking ``January 1, 2018'' each place it appears and
inserting ``January 1, 2021'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (4)(B).
(4) Paragraph (6).
(5) Paragraph (7).
[[Page 133 STAT. 3232]]
(6) Paragraph (9).
(7) Paragraph (11)(B).
(b) Extension of Election to Treat Qualified Facilities as Energy
Property.--Section 48(a)(5)(C)(ii) <<NOTE: 26 USC 48.>> is amended by
striking ``January 1, 2018 (January 1, 2020, in the case of any facility
which is described in paragraph (1) of section 45(d))'' and inserting
``January 1, 2021''.
(c) Application of Extension to Wind Facilities.--
(1) In general.--Section 45(d)(1) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(2) <<NOTE: Time periods.>> Application of phaseout
percentage.--
(A) In general.--Section 45(b)(5) is amended by
striking ``and'' at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and
inserting ``, and'', and by adding at the end the
following new subparagraph:
``(D) in the case of any facility the construction
of which begins after December 31, 2019, and before
January 1, 2021, 40 percent.''.
(B) Treatment as energy property.--Section
48(a)(5)(E) is amended by striking ``and'' at the end of
clause (ii), by striking the period at the end of clause
(iii) and inserting ``, and'', and by adding at the end
the following new clause:
``(iv) in the case of any facility the
construction of which begins after December 31,
2019, and before January 1, 2021, 40 percent.''.
(d) <<NOTE: 26 USC 45 note.>> Effective Date.--The amendments made
by this section shall take effect on January 1, 2018.
SEC. 128. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.
(a) In General.--Section 45(e)(10)(A) is amended by striking ``12-
year period'' each place it appears and inserting ``15-year period''.
(b) <<NOTE: 26 USC 45 note.>> Effective Date.--The amendment made
by this section shall apply to coal produced after December 31, 2017.
SEC. 129. ENERGY EFFICIENT HOMES CREDIT.
(a) In General.--Section 45L(g) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 45L note.>> Effective Date.--The amendment made
by this section shall apply to homes acquired after December 31, 2017.
SEC. 130. SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL PLANT
PROPERTY.
(a) In General.--Section 168(l)(2)(D) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2021''.
(b) <<NOTE: 26 USC 168 note.>> Effective Date.--The amendment made
by this section shall apply to property placed in service after December
31, 2017.
SEC. 131. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) In General.--Section 179D(h) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 179D note.>> Effective Dates.--The amendment
made by subsection (a) shall apply to property placed in service after
December 31, 2017.
[[Page 133 STAT. 3233]]
SEC. 132. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT FERC
OR STATE ELECTRIC RESTRUCTURING POLICY FOR
QUALIFIED ELECTRIC UTILITIES.
(a) In General.--Section 451(k)(3) <<NOTE: 26 USC 451.>> is amended
by striking ``January 1, 2018'' and inserting ``January 1, 2021''.
(b) <<NOTE: 26 USC 451 note.>> Effective Date.--The amendment made
by this section shall apply to dispositions after December 31, 2017.
SEC. 133. EXTENSION AND CLARIFICATION OF EXCISE TAX CREDITS
RELATING TO ALTERNATIVE FUELS.
(a) Extension.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3) are each
amended by striking ``December 31, 2017'' and inserting
``December 31, 2020''.
(2) Outlay payments for alternative fuels.--Section
6427(e)(6)(C) is amended by striking ``December 31, 2017'' and
inserting ``December 31, 2020''.
(3) <<NOTE: Time period. Deadlines. 26 USC 6426 note.>>
Special rule.--Notwithstanding any other provision of law, in
the case of any alternative fuel credit properly determined
under section 6426(d) of the Internal Revenue Code of 1986 for
the period beginning on January 1, 2018, and ending with the
close of the last calendar quarter beginning before the date of
the enactment of this Act, such credit shall be allowed, and any
refund or payment attributable to such credit (including any
payment under section 6427(e) of such Code) shall be made, only
in such manner as the Secretary of the Treasury (or the
Secretary's delegate) shall provide.
Such <<NOTE: Guidance.>> Secretary shall issue guidance within
30 days after the date of the enactment of this Act providing
for a one-time submission of claims covering periods described
in the preceding sentence. Such guidance shall provide
for <<NOTE: Time period.>> a 180-day period for the submission
of such claims (in such manner as prescribed by such Secretary)
to begin not later than 30 days after such guidance is issued.
Such claims shall be paid by such Secretary not later than 60
days after receipt. If such Secretary has not paid pursuant to a
claim filed under this subsection within 60 days after the date
of the filing of such claim, the claim shall be paid with
interest from such date determined by using the overpayment rate
and method under section 6621 of such Code.
(4) <<NOTE: 26 USC 6426 note.>> Effective date.--The
amendments made by this subsection shall apply to fuel sold or
used after December 31, 2017.
(b) Clarification of Rules Regarding Alternative Fuel Mixture
Credit.--
(1) In general.--Paragraph (2) of section 6426(e) is amended
by striking ``mixture of alternative fuel'' and inserting
``mixture of alternative fuel (other than a fuel described in
subparagraph (A), (C), or (F) of subsection (d)(2))''.
(2) <<NOTE: 26 USC 6426 note.>> Effective date.--The
amendment made by this subsection shall apply to--
(A) fuel sold or used on or after the date of the
enactment of this Act, and
(B) fuel sold or used before such date of enactment,
but only to the extent that claims for the credit under
section 6426(e) of the Internal Revenue Code of 1986
with respect to such sale or use--
[[Page 133 STAT. 3234]]
(i) have not been paid or allowed as of such
date, and
(ii) were made on or after January 8, 2018.
(3) <<NOTE: 26 USC 6426 note.>> No inference.--Nothing
contained in this subsection or the amendments made by this
subsection shall be construed to create any inference as to a
change in law or guidance in effect prior to enactment of this
subsection.
SEC. 134. OIL SPILL LIABILITY TRUST FUND RATE.
(a) In General.--Section 4611(f)(2) <<NOTE: 26 USC 4611.>> is
amended by striking ``December 31, 2018'' and inserting ``December 31,
2020''.
(b) <<NOTE: 26 USC 4611 note.>> Effective Date.--The amendment made
by this section shall apply on and after the first day of the first
calendar month beginning after the date of the enactment of this Act.
Subtitle D--Certain Provisions Expiring at the End of 2019
SEC. 141. NEW MARKETS TAX CREDIT.
(a) In General.--Section 45D(f)(1) is amended by striking ``and'' at
the end of subparagraph (F), by striking the period at the end of
subparagraph (G) and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(H) $5,000,000,000 for 2020.''.
(b) Carryover of Unused Limitation.--Section 45D(f)(3) is amended by
striking ``2024'' and inserting ``2025''.
(c) <<NOTE: 26 USC 45D note.>> Effective Date.--The amendments made
by this section shall apply to calendar years beginning after December
31, 2019.
SEC. 142. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
(a) In General.--Section 45S(i) is amended by striking ``December
31, 2019'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 45S note.>> Effective Date.--The amendment made
by this section shall apply to wages paid in taxable years beginning
after December 31, 2019.
SEC. 143. WORK OPPORTUNITY CREDIT.
(a) In General.--Section 51(c)(4) is amended by striking ``December
31, 2019'' and inserting ``December 31, 2020''.
(b) <<NOTE: 26 USC 51 note.>> Effective Date.--The amendment made
by this section shall apply to individuals who begin work for the
employer after December 31, 2019.
SEC. 144. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED
SPIRITS.
(a) Exemption for Aging Process of Beer, Wine, and Distilled
Spirits.--
(1) In general.--Section 263A(f)(4)(B) is amended by
striking ``December 31, 2019'' and inserting ``December 31,
2020''.
(2) <<NOTE: 26 USC 263A note.>> Effective date.--The
amendment made by this subsection shall apply to interest costs
paid or accrued after December 31, 2019.
(b) Reduced Rate of Excise Tax on Beer.--
(1) In general.--Paragraphs (1)(C) and (2)(A) of section
5051(a) are each amended by striking ``January 1, 2020'' and
inserting ``January 1, 2021''.
[[Page 133 STAT. 3235]]
(2) <<NOTE: 26 USC 5051 note.>> Effective date.--The
amendments made by this subsection shall apply to beer removed
after December 31, 2019.
(c) Transfer of Beer Between Bonded Facilities.--
(1) In general.--Section 5414(b)(3) <<NOTE: 26 USC 5414.>>
is amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
(2) <<NOTE: 26 USC 5414 note.>> Effective date.--The
amendment made by this subsection shall apply to calendar
quarters beginning after December 31, 2019.
(d) Reduced Rate of Excise Tax on Certain Wine.--
(1) In general.--Section 5041(c)(8)(A) is amended by
striking ``January 1, 2020'' and inserting ``January 1, 2021''.
(2) Conforming amendment.--The heading of section 5041(c)(8)
is amended by striking ``Special rule for 2018 and 2019'' and
inserting ``Temporary special rule''.
(3) <<NOTE: 26 USC 5041 note.>> Effective date.--The
amendments made by this subsection shall apply to wine removed
after December 31, 2019.
(e) Adjustment of Alcohol Content Level for Application of Excise
Taxes.--
(1) In general.--Paragraphs (1) and (2) of section 5041(b)
are each amended by striking ``January 1, 2020'' and inserting
``January 1, 2021''.
(2) <<NOTE: 26 USC 5041 note.>> Effective date.--The
amendments made by this subsection shall apply to wine removed
after December 31, 2019.
(f) Definition of Mead and Low Alcohol by Volume Wine.--
(1) In general.--Section 5041(h)(3) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(2) <<NOTE: 26 USC 5041 note.>> Effective date.--The
amendment made by this subsection shall apply to wine removed
after December 31, 2019.
(g) Reduced Rate of Excise Tax on Certain Distilled Spirits.--
(1) In general.--Section 5001(c)(4) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(2) Conforming amendment.--The heading of section 5001(c) is
amended by striking ``Reduced Rate for 2018 and 2019'' and
inserting ``Temporary Reduced Rate''.
(3) <<NOTE: 26 USC 5001 note.>> Effective date.--The
amendments made by this subsection shall apply to distilled
spirits removed after December 31, 2019.
(h) Bulk Distilled Spirits.--
(1) In general.--Section 5212 is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(2) <<NOTE: 26 USC 5212 note.>> Effective date.--The
amendment made by this subsection shall apply to distilled
spirits transferred in bond after December 31, 2019.
(i) Simplification of Rules Regarding Records, Statements, and
Returns.--
(1) In general.--Section 5555(a) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(2) <<NOTE: 26 USC 5555 note.>> Effective date.--The
amendment made by this subsection shall apply to calendar
quarters beginning after December 31, 2019.
(j) Technical Correction.--
(1) In general.--Section 5041(c)(8) is amended by adding at
the end the following new subparagraph:
``(C) Application of certain rules.--Paragraphs (3)
and (6) shall be applied by substituting `paragraph (1)
or (8)' for `paragraph (1)' each place it appears
therein.''.
[[Page 133 STAT. 3236]]
(2) <<NOTE: 26 USC 5041 note.>> Effective date.--The
amendment made by this subsection shall take effect as if
included in section 13804 of Public Law 115-97.
SEC. 145. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN
CORPORATIONS.
(a) In General.--Section 954(c)(6)(C) <<NOTE: 26 USC 954.>> is
amended by striking ``January 1, 2020'' and inserting ``January 1,
2021''.
(b) <<NOTE: 26 USC 954 note.>> Effective Date.--The amendment made
by this section shall apply to taxable years of foreign corporations
beginning after December 31, 2019, and to taxable years of United States
shareholders with or within which such taxable years of foreign
corporations end.
SEC. 146. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE
INDIVIDUALS.
(a) In General.--Section 35(b)(1)(B) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(b) <<NOTE: 26 USC 35 note.>> Effective Date.--The amendment made
by this section shall apply to months beginning after December 31, 2019.
TITLE II--DISASTER TAX RELIEF
SEC. 201. DEFINITIONS.
For purposes of this title--
(1) Qualified disaster area.--
(A) <<NOTE: Time period.>> In general.--The term
``qualified disaster area'' means any area with respect
to which a major disaster was declared, during the
period beginning on January 1, 2018, and ending on the
date which is 60 days after the date of the enactment of
this Act, by the President under section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act if the incident period of the disaster
with respect to which such declaration is made begins on
or before the date of the enactment of this Act.
(B) Denial of double benefit.--Such term shall not
include the California wildfire disaster area (as
defined in section 20101 of subdivision 2 of division B
of the Bipartisan Budget Act of 2018).
(2) <<NOTE: Time period.>> Qualified disaster zone.--The
term ``qualified disaster zone'' means that portion of any
qualified disaster area which was determined by the President,
during the period beginning on January 1, 2018, and ending on
the date which is 60 days after the date of the enactment of
this Act, to warrant individual or individual and public
assistance from the Federal Government under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act by reason
of the qualified disaster with respect to such disaster area.
(3) Qualified disaster.--The term ``qualified disaster''
means, with respect to any qualified disaster area, the disaster
by reason of which a major disaster was declared with respect to
such area.
(4) <<NOTE: Time period.>> Incident period.--The term
``incident period'' means, with respect to any qualified
disaster, the period specified by the Federal Emergency
Management Agency as the period during which such disaster
occurred (except that for purposes
[[Page 133 STAT. 3237]]
of this title such period shall not be treated as beginning
before January 1, 2018, or ending after the date which is 30
days after the date of the enactment of this Act).
SEC. 202. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT
FUNDS.
(a) Tax-favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any qualified disaster distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection,
the aggregate amount of distributions received by an
individual which may be treated as qualified disaster
distributions for any taxable year shall not exceed the
excess (if any) of--
(i) $100,000, over
(ii) the aggregate amounts treated as
qualified disaster distributions received by such
individual for all prior taxable years.
(B) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
subparagraph (A)) be a qualified disaster distribution,
a plan shall not be treated as violating any requirement
of the Internal Revenue Code of 1986 merely because the
plan treats such distribution as a qualified disaster
distribution, unless the aggregate amount of such
distributions from all plans maintained by the employer
(and any member of any controlled group which includes
the employer) to such individual exceeds $100,000.
(C) <<NOTE: Definition.>> Controlled group.--For
purposes of subparagraph (B), the term ``controlled
group'' means any group treated as a single employer
under subsection (b), (c), (m), or (o) of section 414 of
the Internal Revenue Code of 1986.
(D) Special rule for individuals affected by more
than one disaster.--
The <<NOTE: Applicability.>> limitation of subparagraph
(A) shall be applied separately with respect to
distributions made with respect to each qualified
disaster.
(3) <<NOTE: Deadlines.>> Amount distributed may be
repaid.--
(A) <<NOTE: Time period.>> In general.--Any
individual who receives a qualified disaster
distribution may, at any time during the 3-year period
beginning on the day after the date on which such
distribution was received, make 1 or more contributions
in an aggregate amount not to exceed the amount of such
distribution to an eligible retirement plan of which
such individual is a beneficiary and to which a rollover
contribution of such distribution could be made under
section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or
457(e)(16), of the Internal Revenue Code of 1986, as the
case may be.
(B) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For purposes
of the Internal Revenue Code of 1986, if a contribution
is made pursuant to subparagraph (A) with respect to a
qualified disaster distribution from an eligible
retirement plan other than an individual retirement
plan, then the taxpayer shall, to the extent of the
amount of
[[Page 133 STAT. 3238]]
the contribution, be treated as having received the
qualified disaster distribution in an eligible rollover
distribution (as defined in section 402(c)(4) of such
Code) and as having transferred the amount to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
(C) Treatment of repayments of distributions from
iras.--For purposes of the Internal Revenue Code of
1986, if a contribution is made pursuant to subparagraph
(A) with respect to a qualified disaster distribution
from an individual retirement plan (as defined by
section 7701(a)(37) of such Code), then, to the extent
of the amount of the contribution, the qualified
disaster distribution shall be treated as a distribution
described in section 408(d)(3) of such Code and as
having been transferred to the eligible retirement plan
in a direct trustee to trustee transfer within 60 days
of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Qualified disaster distribution.--Except as
provided in paragraph (2), the term ``qualified disaster
distribution'' means any distribution from an eligible
retirement plan made--
(i) <<NOTE: Time period.>> on or after the
first day of the incident period of a qualified
disaster and before the date which is 180 days
after the date of the enactment of this Act, and
(ii) to an individual whose principal place of
abode at any time during the incident period of
such qualified disaster is located in the
qualified disaster area with respect to such
qualified disaster and who has sustained an
economic loss by reason of such qualified
disaster.
(B) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such term
by section 402(c)(8)(B) of the Internal Revenue Code of
1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any qualified
disaster distribution, unless the taxpayer elects not to
have this paragraph apply for any taxable year, any
amount required to be included in gross income for such
taxable year shall be so included ratably over the 3-
taxable-year period beginning with such taxable year.
(B) <<NOTE: Applicability.>> Special rule.--For
purposes of subparagraph (A), rules similar to the rules
of subparagraph (E) of section 408A(d)(3) of the
Internal Revenue Code of 1986 shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes of
sections 401(a)(31), 402(f), and 3405 of the Internal
Revenue Code of 1986, qualified disaster distributions
shall not be treated as eligible rollover distributions.
(B) Qualified disaster distributions treated as
meeting plan distribution requirements.--For purposes
the Internal Revenue Code of 1986, a qualified disaster
distribution shall be treated as meeting the
requirements
[[Page 133 STAT. 3239]]
of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii),
403(b)(11), and 457(d)(1)(A) of such Code.
(b) <<NOTE: Definitions.>> Recontributions of Withdrawals for Home
Purchases.--
(1) Recontributions.--
(A) In general.--Any individual who received a
qualified distribution may, during the applicable
period, make 1 or more contributions in an aggregate
amount not to exceed the amount of such qualified
distribution to an eligible retirement plan (as defined
in section 402(c)(8)(B) of the Internal Revenue Code of
1986) of which such individual is a beneficiary and to
which a rollover contribution of such distribution could
be made under section 402(c), 403(a)(4), 403(b)(8), or
408(d)(3), of such Code, as the case may be.
(B) <<NOTE: Applicability.>> Treatment of
repayments.--Rules similar to the rules of subparagraphs
(B) and (C) of subsection (a)(3) shall apply for
purposes of this subsection.
(2) Qualified distribution.--For purposes of this
subsection, the term ``qualified distribution'' means any
distribution--
(A) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(ii) (but only to the extent such
distribution relates to financial hardship),
403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue
Code of 1986,
(B) which was to be used to purchase or construct a
principal residence in a qualified disaster area, but
which was not so used on account of the qualified
disaster with respect to such area, and
(C) <<NOTE: Time period.>> which was received
during the period beginning on the date which is 180
days before the first day of the incident period of such
qualified disaster and ending on the date which is 30
days after the last day of such incident period.
(3) Applicable period.--For purposes of this subsection, the
term ``applicable period'' means, in the case of a principal
residence in a qualified disaster area with respect to any
qualified disaster, the period beginning on the first day of the
incident period of such qualified disaster and ending on the
date which is 180 days after the date of the enactment of this
Act.
(c) <<NOTE: Time periods.>> Loans From Qualified Plans.--
(1) Increase in limit on loans not treated as
distributions.--In the case of any loan from a qualified
employer plan (as defined under section 72(p)(4) of the Internal
Revenue Code of 1986) to a qualified individual made during the
180-day period beginning on the date of the enactment of this
Act--
(A) clause (i) of section 72(p)(2)(A) of such Code
shall be applied by substituting ``$100,000'' for
``$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable
accrued benefit of the employee under the plan'' for
``one-half of the present value of the nonforfeitable
accrued benefit of the employee under the plan''.
[[Page 133 STAT. 3240]]
(2) Delay of repayment.--In the case of a qualified
individual (with respect to any qualified disaster) with an
outstanding loan (on or after the first day of the incident
period of such qualified disaster) from a qualified employer
plan (as defined in section 72(p)(4) of the Internal Revenue
Code of 1986)--
(A) if the due date pursuant to subparagraph (B) or
(C) of section 72(p)(2) of such Code for any repayment
with respect to such loan occurs during the period
beginning on the first day of the incident period of
such qualified disaster and ending on the date which is
180 days after the last day of such incident period,
such due date shall be delayed for 1 year (or, if later,
until the date which is 180 days after the date of the
enactment of this Act),
(B) any subsequent repayments with respect to any
such loan shall be appropriately adjusted to reflect the
delay in the due date under subparagraph (A) and any
interest accruing during such delay, and
(C) in determining the 5-year period and the term of
a loan under subparagraph (B) or (C) of section 72(p)(2)
of such Code, the period described in subparagraph (A)
of this paragraph shall be disregarded.
(3) <<NOTE: Definition.>> Qualified individual.--For
purposes of this subsection, the term ``qualified individual''
means any individual--
(A) whose principal place of abode at any time
during the incident period of any qualified disaster is
located in the qualified disaster area with respect to
such qualified disaster, and
(B) who has sustained an economic loss by reason of
such qualified disaster.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any amendment
to any plan or annuity contract, such plan or contract shall be
treated as being operated in accordance with the terms of the
plan during the period described in paragraph (2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any provision of this section,
or pursuant to any regulation issued by the
Secretary or the Secretary of Labor under any
provision of this section, and
(ii) <<NOTE: Effective date.>> on or before
the last day of the first plan year beginning on
or after January 1, 2020, or such later date as
the Secretary may prescribe.
In the case of a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986),
clause (ii) shall be applied by substituting the date
which is 2 years after the date otherwise applied under
clause (ii).
(B) Conditions.--This subsection shall not apply to
any amendment unless--
(i) <<NOTE: Time period.>> during the period--
(I) beginning on the date that this
section or the regulation described in
subparagraph (A)(i) takes effect (or in
the case of a plan or contract amendment
not required by this section or such
[[Page 133 STAT. 3241]]
regulation, the effective date specified
by the plan), and
(II) ending on the date described in
subparagraph (A)(ii) (or, if earlier,
the date the plan or contract amendment
is adopted),
the plan or contract is operated as if such plan or
contract amendment were in effect, and
(ii) such plan or contract amendment applies
retroactively for such period.
SEC. 203. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY
QUALIFIED DISASTERS.
(a) In General.--For purposes of section 38 of the Internal Revenue
Code of 1986, in the case of an eligible employer, the 2018 through 2019
qualified disaster employee retention credit shall be treated as a
credit listed at the end of subsection (b) of such section. For purposes
of this subsection, the 2018 through 2019 qualified disaster employee
retention credit for any taxable year is an amount equal to 40 percent
of the qualified wages with respect to each eligible employee of such
employer for such taxable year. The amount of qualified wages with
respect to any employee which may be taken into account under this
subsection by the employer for any taxable year shall not exceed $6,000
(reduced by the amount of qualified wages with respect to such employee
which may be so taken into account for any prior taxable year).
(b) Definitions.--For purposes of this section--
(1) Eligible employer.--The term ``eligible employer'' means
any employer--
(A) which conducted an active trade or business in a
qualified disaster zone at any time during the incident
period of the qualified disaster with respect to such
qualified disaster zone, and
(B) with respect to whom the trade or business
described in subparagraph (A) is inoperable at any time
during the period beginning on the first day of the
incident period of such qualified disaster and ending on
the date of the enactment of this Act, as a result of
damage sustained by reason of such qualified disaster.
(2) Eligible employee.--The term ``eligible employee'' means
with respect to an eligible employer an employee whose principal
place of employment with such eligible employer (determined
immediately before the qualified disaster referred to in
paragraph (1)) was in the qualified disaster zone referred to in
such paragraph.
(3) Qualified wages.--The term ``qualified wages'' means
wages (as defined in section 51(c)(1) of the Internal Revenue
Code of 1986, but without regard to section 3306(b)(2)(B) of
such Code) paid or incurred by an eligible employer with respect
to an eligible employee at any time on or after the date on
which the trade or business described in paragraph (1) first
became inoperable at the principal place of employment of the
employee (determined immediately before the qualified disaster
referred to in such paragraph) and before the earlier of--
(A) the date on which such trade or business has
resumed significant operations at such principal place
of employment, or
[[Page 133 STAT. 3242]]
(B) <<NOTE: Time period.>> the date which 150 days
after the last day of the incident period of the
qualified disaster referred to in paragraph (1).
Such term shall include wages paid without regard to whether the
employee performs no services, performs services at a different
place of employment than such principal place of employment, or
performs services at such principal place of employment before
significant operations have resumed.
(c) Certain Rules to Apply.--For purposes of this section, rules
similar to the rules of sections 51(i)(1), 52, and 280C(a), of the
Internal Revenue Code of 1986, shall apply.
(d) Employee Not Taken Into Account More Than Once.--An employee
shall not be treated as an eligible employee for purposes of this
section for any period with respect to any employer if such employer is
allowed a credit under section 51 of the Internal Revenue Code of 1986
with respect to such employee for such period.
SEC. 204. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
(a) Temporary Increase in Limitation on Qualified Contributions.--
(1) Suspension of current limitation.--Except as otherwise
provided in paragraph (2), qualified contributions shall be
disregarded in applying subsections (b) and (d) of section 170
of the Internal Revenue Code of 1986.
(2) Application of increased limitation.--For purposes of
section 170 of the Internal Revenue Code of 1986--
(A) Individuals.--In the case of an individual--
(i) Limitation.--Any qualified contribution
shall be allowed as a deduction only to the extent
that the aggregate of such contributions does not
exceed the excess of the taxpayer's contribution
base (as defined in subparagraph (H) of section
170(b)(1) of such Code) over the amount of all
other charitable contributions allowed under
section 170(b)(1) of such Code.
(ii) Carryover.--If the aggregate amount of
qualified contributions made in the contribution
year (within the meaning of section 170(d)(1) of
such Code) exceeds the limitation of clause (i),
such excess shall be added to the excess described
in section 170(b)(1)(G)(ii).
(B) Corporations.--In the case of a corporation--
(i) Limitation.--Any qualified contribution
shall be allowed as a deduction only to the extent
that the aggregate of such contributions does not
exceed the excess of the taxpayer's taxable income
(as determined under paragraph (2) of section
170(b) of such Code) over the amount of all other
charitable contributions allowed under such
paragraph.
(ii) Carryover.--If the aggregate amount of
qualified contributions made in the contribution
year (within the meaning of section 170(d)(2) of
such Code) exceeds the limitation of clause (i),
such excess shall be appropriately taken into
account under section 170(d)(2) subject to the
limitations thereof.
(3) Qualified contributions.--
[[Page 133 STAT. 3243]]
(A) <<NOTE: Definition.>> In general.--For purposes
of this subsection, the term ``qualified contribution''
means any charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) if--
(i) such contribution--
(I) <<NOTE: Time period.>> is paid,
during the period beginning on January
1, 2018, and ending on the date which is
60 days after the date of the enactment
of this Act, in cash to an organization
described in section 170(b)(1)(A) of
such Code, and
(II) is made for relief efforts in
one or more qualified disaster areas,
(ii) the taxpayer obtains from such
organization contemporaneous written
acknowledgment (within the meaning of section
170(f)(8) of such Code) that such contribution was
used (or is to be used) for relief efforts
described in clause (i)(II), and
(iii) the taxpayer has elected the application
of this subsection with respect to such
contribution.
(B) Exception.--Such term shall not include a
contribution by a donor if the contribution is--
(i) to an organization described in section
509(a)(3) of the Internal Revenue Code of 1986, or
(ii) for the establishment of a new, or
maintenance of an existing, donor advised fund (as
defined in section 4966(d)(2) of such Code).
(C) Application of election to partnerships and s
corporations.--In the case of a partnership or S
corporation, the election under subparagraph (A)(iii)
shall be made separately by each partner or shareholder.
(b) <<NOTE: Definitions.>> Special Rules for Qualified Disaster-
related Personal Casualty Losses.--
(1) In general.--If an individual has a net disaster loss
for any taxable year--
(A) the amount determined under section
165(h)(2)(A)(ii) of the Internal Revenue Code of 1986
shall be equal to the sum of--
(i) such net disaster loss, and
(ii) so much of the excess referred to in the
matter preceding clause (i) of section
165(h)(2)(A) of such Code (reduced by the amount
in clause (i) of this subparagraph) as exceeds 10
percent of the adjusted gross income of the
individual,
(B) section 165(h)(1) of such Code shall be applied
by substituting ``$500'' for ``$500 ($100 for taxable
years beginning after December 31, 2009)'',
(C) the standard deduction determined under section
63(c) of such Code shall be increased by the net
disaster loss, and
(D) section 56(b)(1)(E) of such Code (section
56(b)(1)(D) of such Code in the case of taxable years
ending after December 31, 2018) shall not apply to so
much of the standard deduction as is attributable to the
increase under subparagraph (C) of this paragraph.
(2) Net disaster loss.--For purposes of this subsection, the
term ``net disaster loss'' means the excess of qualified
disaster-related personal casualty losses over personal casualty
[[Page 133 STAT. 3244]]
gains (as defined in section 165(h)(3)(A) of the Internal
Revenue Code of 1986).
(3) Qualified disaster-related personal casualty losses.--
For purposes of this subsection, the term ``qualified disaster-
related personal casualty losses'' means losses described in
section 165(c)(3) of the Internal Revenue Code of 1986 which
arise in a qualified disaster area on or after the first day of
the incident period of the qualified disaster to which such area
relates, and which are attributable to such qualified disaster.
(c) <<NOTE: Definitions.>> Special Rule for Determining Earned
Income.--
(1) In general.--In the case of a qualified individual, if
the earned income of the taxpayer for the applicable taxable
year is less than the earned income of the taxpayer for the
preceding taxable year, the credits allowed under sections 24(d)
and 32 of the Internal Revenue Code of 1986 may, at the election
of the taxpayer, be determined by substituting--
(A) such earned income for the preceding taxable
year, for
(B) such earned income for the applicable taxable
year.
(2) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual whose
principal place of abode at any time during the incident period
of any qualified disaster was located--
(A) in the qualified disaster zone with respect to
such qualified disaster, or
(B) in the qualified disaster area with respect to
such qualified disaster (but outside the qualified
disaster zone with respect to such qualified disaster)
and such individual was displaced from such principal
place of abode by reason of such qualified disaster.
(3) Applicable taxable year.--For purposes of this
subsection, the term ``applicable taxable year'' means--
(A) in the case of a qualified individual other than
an individual described in subparagraph (B), any taxable
year which includes any portion of the incident period
of the qualified disaster to which the qualified
disaster area referred to in paragraph (2)(A) relates,
or
(B) in the case of a qualified individual described
in subparagraph (B) of paragraph (2), any taxable year
which includes any portion of the period described in
such subparagraph.
(4) Earned income.--For purposes of this subsection, the
term ``earned income'' has the meaning given such term under
section 32(c) of the Internal Revenue Code of 1986.
(5) Special rules.--
(A) Application to joint returns.--For purposes of
paragraph (1), in the case of a joint return for an
applicable taxable year--
(i) such paragraph shall apply if either
spouse is a qualified individual, and
(ii) the earned income of the taxpayer for the
preceding taxable year shall be the sum of the
earned income of each spouse for such preceding
taxable year.
(B) Uniform application of election.--Any election
made under paragraph (1) shall apply with respect to
both
[[Page 133 STAT. 3245]]
sections 24(d) and 32 of the Internal Revenue Code of
1986.
(C) Errors treated as mathematical error.--For
purposes of section 6213 of the Internal Revenue Code of
1986, an incorrect use on a return of earned income
pursuant to paragraph (1) shall be treated as a
mathematical or clerical error.
(D) No effect on determination of gross income,
etc.--Except as otherwise provided in this subsection,
the Internal Revenue Code of 1986 shall be applied
without regard to any substitution under paragraph (1).
SEC. 205. AUTOMATIC EXTENSION OF FILING DEADLINES IN CASE OF
CERTAIN TAXPAYERS AFFECTED BY FEDERALLY
DECLARED DISASTERS.
(a) In General.--Section 7508A is amended by adding at the end the
following new subsection:
``(d) Mandatory 60-day Extension.--
``(1) In general.--In the case of any qualified taxpayer,
the period--
``(A) beginning on the earliest incident date
specified in the declaration to which the disaster area
referred to in paragraph (2) relates, and
``(B) ending on the date which is 60 days after the
latest incident date so specified,
shall be disregarded in the same manner as a period specified
under subsection (a).
``(2) <<NOTE: Definition.>> Qualified taxpayer.--For
purposes of this subsection, the term `qualified taxpayer'
means--
``(A) any individual whose principal residence (for
purposes of section 1033(h)(4)) is located in a disaster
area,
``(B) any taxpayer if the taxpayer's principal place
of business (other than the business of performing
services as an employee) is located in a disaster area,
``(C) any individual who is a relief worker
affiliated with a recognized government or philanthropic
organization and who is assisting in a disaster area,
``(D) any taxpayer whose records necessary to meet a
deadline for an act described in section 7508(a)(1) are
maintained in a disaster area,
``(E) any individual visiting a disaster area who
was killed or injured as a result of the disaster, and
``(F) solely with respect to a joint return, any
spouse of an individual described in any preceding
subparagraph of this paragraph.
``(3) <<NOTE: Definition.>> Disaster area.--For purposes of
this subsection, the term `disaster area' has the meaning given
such term under subparagraph (B) of section 165(i)(5) with
respect to a Federally declared disaster (as defined in
subparagraph (A) of such section).
``(4) Application to rules regarding pensions.--In the case
of any person described in subsection (b), a rule similar to the
rule of paragraph (1) shall apply for purposes of subsection (b)
with respect to--
``(A) making contributions to a qualified retirement
plan (within the meaning of section 4974(c)) under
section 219(f)(3), 404(a)(6), 404(h)(1)(B), or
404(m)(2),
[[Page 133 STAT. 3246]]
``(B) making distributions under section 408(d)(4),
``(C) recharacterizing contributions under section
408A(d)(6), and
``(D) making a rollover under section 402(c),
403(a)(4), 403(b)(8), or 408(d)(3).
``(5) Coordination with periods specified by the
secretary.--Any period described in paragraph (1) with respect
to any person (including by reason of the application of
paragraph (4)) shall be in addition to (or concurrent with, as
the case may be) any period specified under subsection (a) or
(b) with respect to such person.''.
(b) <<NOTE: 26 USC 7508A note.>> Effective Date.--The amendment
made by this section shall apply to federally declared disasters
declared after the date of the enactment of this Act.
SEC. 206. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON
INVESTMENT INCOME OF PRIVATE FOUNDATIONS.
(a) In General.--Section 4940(a) is amended by striking ``2
percent'' and inserting ``1.39 percent''.
(b) Elimination of Reduced Tax Where Foundation Meets Certain
Distribution Requirements.--Section 4940 is amended by striking
subsection (e).
(c) <<NOTE: 26 USC 4940 note.>> Effective Date.--The amendments
made by this section shall apply to taxable years beginning after the
date of the enactment of this Act.
SEC. 207. ADDITIONAL LOW-INCOME HOUSING CREDIT ALLOCATIONS FOR
QUALIFIED 2017 AND 2018 CALIFORNIA
DISASTER AREAS.
(a) In General.--For purposes of section 42 of the Internal Revenue
Code of 1986, the State housing credit ceiling for California for
calendar year 2020 shall be increased by the lesser of--
(1) the aggregate housing credit dollar amount allocated by
the State housing credit agencies of California for such
calendar year to buildings located in qualified 2017 and 2018
California disaster areas, or
(2) 50 percent of the sum of the State housing credit
ceilings for California for calendar years 2017 and 2018.
(b) Allocations Treated as Made First From Additional Allocation for
Purposes of Determining Carryover.--For purposes of determining the
unused State housing credit ceiling for any calendar year under section
42(h)(3)(C) of the Internal Revenue Code of 1986, any increase in the
State housing credit ceiling under subsection (a) shall be treated as an
amount described in clause (ii) of such section.
(c) Definitions.--For purposes of this section--
(1) Qualified 2017 and 2018 california disaster areas.--The
term ``qualified 2017 and 2018 California disaster areas'' means
any area in California which was determined by the President
(before January 1, 2019) to warrant individual or individual and
public assistance from the Federal Government under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act by
reason of a major disaster the incident period of which begins
or ends in calendar year 2017 or 2018. Notwithstanding section
201, for purposes of the preceding sentence, the term ``incident
period'' means the period specified by the Federal Emergency
Management Agency as the period during which the disaster
occurred.
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(2) Other definitions.--Terms used in this section which are
also used in section 42 of the Internal Revenue Code of 1986
shall have the same meaning in this section as in such section
42.
SEC. 208. TREATMENT OF CERTAIN POSSESSIONS.
(a) Payments to Possessions With Mirror Code Tax Systems.--The
Secretary of the Treasury shall pay to each possession of the United
States which has a mirror code tax system amounts equal to the loss (if
any) to that possession by reason of the application of the provisions
of this title. Such amounts shall be determined by the Secretary of the
Treasury based on information provided by the government of the
respective possession.
(b) Payments to Other Possessions.--The Secretary of the Treasury
shall pay to each possession of the United States which does not have a
mirror code tax system amounts estimated by the Secretary of the
Treasury as being equal to the aggregate benefits (if any) that would
have been provided to residents of such possession by reason of the
provisions of this title if a mirror code tax system had been in effect
in such possession. The preceding sentence shall not apply unless the
respective possession has a plan, which has been approved by the
Secretary of the Treasury, under which such possession will promptly
distribute such payments to its residents.
(c) <<NOTE: Definition.>> Mirror Code Tax System.--For purposes of
this section, the term ``mirror code tax system'' means, with respect to
any possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the income
tax laws of the United States as if such possession were the United
States.
(d) Treatment of Payments.--For purposes of section 1324 of title
31, United States Code, the payments under this section shall be treated
in the same manner as a refund due from a credit provision referred to
in subsection (b)(2) of such section.
TITLE III--OTHER PROVISIONS
SEC. 301. MODIFICATION OF INCOME FOR PURPOSES OF DETERMINING TAX-
EXEMPT STATUS OF CERTAIN MUTUAL OR
COOPERATIVE TELEPHONE OR ELECTRIC
COMPANIES.
(a) In General.--Section 501(c)(12) <<NOTE: 26 USC 501.>> is
amended by adding at the end the following new subparagraph:
``(J) <<NOTE: Applicability.>> In the case of a
mutual or cooperative telephone or electric company
described in this paragraph, subparagraph (A) shall be
applied without taking into account any income received
or accrued from--
``(i) any grant, contribution, or assistance
provided pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act or
any similar grant, contribution, or assistance by
any local, State, or regional governmental entity
for the purpose of relief, recovery, or
restoration from, or preparation for, a disaster
or emergency, or
``(ii) any grant or contribution by any
governmental entity (other than a contribution in
aid of construction
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or any other contribution as a customer or
potential customer) the purpose of which is
substantially related to providing, constructing,
restoring, or relocating electric, communication,
broadband, internet, or other utility facilities
or services.''.
(b) <<NOTE: 26 USC 501 note.>> Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2017.
SEC. 302. REPEAL OF INCREASE IN UNRELATED BUSINESS TAXABLE INCOME
FOR CERTAIN FRINGE BENEFIT EXPENSES.
(a) In General.--Section 512(a) <<NOTE: 26 USC 512.>> is amended by
striking paragraph (7).
(b) <<NOTE: 26 USC 512 note.>> Effective Date.--The amendment made
by this section shall take effect as if included in the amendments made
by section 13703 of Public Law 115-97.
Approved December 20, 2019.
LEGISLATIVE HISTORY--H.R. 1865:
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CONGRESSIONAL RECORD, Vol. 165 (2019):
Oct. 28, considered and passed House.
Nov. 12, 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.
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